§ 185.065 LAND USE REGULATIONS.
   (A)   Minimum size with commercial uses. Shall contain a minimum of five (5) acres. A Small PUD shall contain a minimum of one (1) acre; commercial uses shall not be required in a SPUD.
   (B)   Maximum density. The average density permitted in each PUD shall be established by the City Council, upon recommendation of the Planning and Zoning Board. The criteria for establishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of any land use plan involving the area in question. In no case shall maximum density permitted exceed the underlying Future Land Use.
   (C)   Minimum common recreation and open space: twenty-five percent (25%) of gross site acreage, except for a SPUD which shall have minimum of ten percent (10%) open space. COMMON RECREATION AND OPEN SPACE shall be defined as the total amount of improved usable area, including outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the PUD. Such usable space may be in the form of active or passive recreation areas including, but not limited to: Playgrounds, golf courses, nature trails, non-public recreational vehicle storage, stables, and lakes. Common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complimentary structures for the benefit and enjoyment of the residents of the PUD. Easements, parking areas, road rights-of-way or minimum yards, and spacings between dwelling units, may not be included in determining usable open space. Water areas may be used to partially fulfill open space requirements. If golf courses and/or water areas are used to partially fulfill open space requirements, calculations for such may not exceed sixty percent (60%) of the required open space. All water areas included as part of the open space requirement, shall be permanent water bodies and shall be improved with docks or piers, minimum sloped edge as per applicable City and State regulations, and planted with grass and maintained around all sides so as not to harbor mosquitoes, insects and rodents.
   (D)   Minimum lot area, frontage, and setbacks.
      (1)   No minimum lot size shall be required within a PUD district apart from zero-lot line single-family detached developments. Any access driveway to individual lots must have minimum sixteen (16) foot of width.
         (a)   Minimum driveway width for an individual residential lot within a SPUD shall be ten (10) feet wide.
      (2)   Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via an approach private road, pedestrian way, court or other area dedicated to public or private use or common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The city shall be allowed access on privately owned roads, easements and common open space to insure the police and fire protection of the area to meeting emergency needs, to conduct city services, and to generally ensure the health and safety of the residents of the PUD.
      (3)   Minimum distances between structures shall be:
         (a)   Between structures of two (2) stories or less — ten (10) feet.
         (b)   Between structures of three (3) stories — twenty (20) feet.
         (c)   Between structures of four (4) stories — thirty (30) feet.
         (d)   Between structures over four (4) stories — thirty (30) feet, plus five (5) feet for each additional story.
         (e)   Between structures of varying heights, the larger distance separation shall be required.
         (f)   The minimum distance between residential structures in a SPUD shall be eight (8) feet.
      (4)   The setback required from the nearest part of any building wall to the edge of any public right-of-way or private street and the minimum setback maintained between the walls of all structures and the perimeter of the PUD will be included in the proposed development plan and approved by City Council according to Section 185.066(B)(6) Review By City Council..
      (5)   Property bordering a river water body shall preserve thirty percent (30%) of river frontage as a breezeway.
   (E)   Maximum length of structures: two hundred (200) feet, unless an excess is specifically authorized by the Planning and Zoning Board.
   (F)   Minimum commercial use area. The minimum commercial area permitted within a PUD shall be fifteen percent (15%) of the total gross acreage of the site, if the PUD contains more than five hundred (500) dwelling units, the minimum commercial area shall be increased to twenty percent (20%) of the total gross acreage, or the underlying future land use, whichever is greater. The areas shall be situated and buffered so as not to create any detrimental effect on residential uses. A SPUD shall require a minimum of twenty percent (20%) commercial uses, based upon floor area ratio (FAR) or the gross floor area of the first floor (footprint) of all principal use buildings, unless the SPUD is entirely composed of tiny homes on wheels as defined in § 185.006.
   (G)   Minimum floor living area per unit:
      (1)   Single-family dwellings — eight hundred (800) square feet.
      (2)   Multi-family dwellings: None.
      (3)   Hotel and motel units (where permitted) — two hundred and eighty (280) square feet per efficient unit.
      (4)   Dwelling units within a SPUD shall not be required to have a minimum floor area.
   (H)   Off-street parking.
      (1)   Residential use.
         (a)   A minimum of two (2) parking spaces per single-family dwelling unit shall be provided.
         (b)   Dwelling units within a SPUD shall provide a minimum of one (1) parking space per unit.
         (c)    Multiple-family dwellings shall have a minimum of:
            1.   Two (2) parking spaces per three (3) or more bedroom dwelling unit;
            2.   One and one-half (1½) parking spaces per one (1) or two (2) bedroom dwelling unit; and
            3.   One (1) space per efficiency unit that is part of a mixed one (1) and two (2) bedroom development.
         (d)   A development of efficiency units only shall have a minimum of one and one- half (1½) parking spaces per unit.
         (e)   Each space shall have a minimum width of ten (10) feet and a minimum length of nineteen (19) feet. If a parking stall contains a wheel stop or abuts a curbed or landscaped island, an overhang may be permitted, and the length of the stall thereby shortened to a minimum of sixteen (16) feet. Parking spaces for residential uses within a SPUD may be reduced in size from the above, if the standards are approved by the City Council. Parking areas shall not be separated from structures by any public right-of-way.
      (2)   Nonresidential uses. Within commercial areas, one (1) space shall be provided for each two hundred (200) square feet of retail floor area. Each space shall have a minimum width of ten (10) feet and a minimum length of nineteen (19) feet. If a parking stall contains a wheel stop or abuts a curbed or landscaped island, an overhang may be permitted and the length of the stall thereby shortened to a minimum of sixteen (16) feet. A reduction in parking requirements may be considered by the Planning and Zoning Board when the development plan provides for direct pedestrian access from residential uses:
         (a)   Restaurants — One (1) space for each three (3) seats, plus one (1) space for every employee.
         (b)   Hotels and motels — One (1) space for each guest room or rental unit, plus one (1) space for each two (2) employees.
         (c)   Other non-residential uses to be determined by the Planning and Zoning Board.
      (3)   Landscaping. Within all common parking areas, a minimum of fifty (50) square feet of landscaped area shall be provided per parking space and such landscaped areas shall be distributed throughout the parking area.
   (I)   Underground utilities. Within the PUD, all utilities including telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to the site of the PUD may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer must provide landscaping with shrubs and plants to screen all utility facilities permitted above ground. The zoning board may require that substations be fenced and screened by trees and shrubs or walls resembling a structure which is compatible with the design of the buildings within the PUD.
   (J)   Development standards. The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage dedicated to the public shall be in compliance with the requirements of the city's subdivision regulations set forth in Chapter 184 of this code of ordinances. The development standards of this district may be waived by the City Council upon the recommendation of the Planning and Zoning Board.
   (K)   Preservation of trees. Planned unit developments shall be regulated by the adopted city Landscape provisions.
   (L)   For zero-lot line single-family detached developments only.
      (1)   Interior side yard. The dwelling unit shall be placed on one (1) interior side property line with a zero setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten (10) feet excluding the connecting elements such as fences, walls and trellises. If side yard abuts a street, setback should be at least twenty-five (25) feet.
      (2)   Front setback. All dwelling structures shall be set back a minimum of twenty-five (25) feet from the front property line.
      (3)   Rear setback. All dwelling structures shall be set back a minimum of ten (10) feet from the rear property line. The placement of patios, pools, garden features and other similar elements should be addressed initially as part of the PUD process.
      (4)   Street frontage. Each lot shall have a clear direct frontage on public streets or to access ways complying with private street requirements.
      (5)   Platting requirements. Each dwelling unit shall be located on its own individually platted lot.
      (6)   Building heights. For a single-family dwelling only, the height shall not exceed two (2) stories and twenty-five (25) feet in height.
      (7)   Minimum lot area. The minimum lot area shall be four thousand and fifty (4,050) square feet, or forty-five (45) feet by ninety (90) feet.
      (8)   Minimum square footage of living spaces. For each unit, the minimum shall be eight hundred (800) square feet of living space under heat and air conditioning, not including garage and covered porch area.
      (9)   Maximum building coverage. The maximum building coverage of the structure shall not exceed fifty percent (50%).
      (10) Opening prohibited on zero-lot line side. The wall of the dwelling located on the lot line side shall have no doors, air conditioning units or any other type of openings which would detract from the side yard privacy of the adjacent dwelling; provided, however, that atriums or courts shall be permitted on the zero-lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit, and a solid wall the height of the roof line is provided on the zero-lot line. The wall shall be constructed of the same material as exterior walls of the unit.
      (11) Maintenance and drainage easement. A perpetual four (4) foot wall maintenance easement shall be provided on the lot adjacent to the zero-lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be included in the covenants of restrictions and incorporated into each deed transferring title to the property. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty- four (24) inches. Measures shall be taken by the developer to direct runoff into the overall master drainage plan as submitted with the PUD.
('74 Code, § 25-132(f)) (Ord. 89-08, passed 4-27-89; Am. Ord. 2016-02, passed 1-19-16; Am. Ord. 2020-12, passed 2-20-20; Am. Ord. 2022-94, passed 9-15-22)