§ 155.168 AREA, SETBACK, HEIGHT AND COVERAGE REGULATIONS.
   (A)   Lot area regulations. The minimum total project area shall be not less than ten acres. Projects of less than ten acres may qualify only if the applicant can show that the minimum lot area requirement should be waived because the PUD is in the public interest and that one or both of the following conditions exist.
      (1)   Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard provisions of the normal district would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community.
      (2)   The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the neighborhood.
   (B)   Density. A PUD may provide for a variety of housing types in any one of the basic residential zoning districts. The total number of dwelling units permitted in a development shall be determined by either the area standards of the zoning district in which the proposed development is to be located; or the density specified by the Planning Commission or City Council consistent with the intent of the city land use plan. A plan may provide for a greater number of dwelling units per acre than would otherwise be permitted by the regulations otherwise applicable to the site; however, the applicant has the burden to show that the excess will not have an adverse effect on existing public facilities and on the reasonable enjoyment of neighboring property. The Planning Commission and City Council, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities, and by increased efficiency in public facilities and services to be achieved by the location, amount and proposed use of common open space; the locations, design and type of dwelling units; and the physical characteristics of the site.
   (C)   Front, rear and side yard building setback regulations. The PUD plan shall state front, rear and side yard building setbacks for each lot in the development.
   (D)   Building height regulations. There shall be no height limitations for any buildings in a PUD, except that all buildings shall observe the setback requirements and densities as specified in this section.
   (E)   Lot coverage.  
      (1)   In residential districts, the total ground area occupied by buildings in a PUD shall not exceed 20% of the total site area. It the total project is to be staged as regulated below, open space shall be provided so that the ground coverage of each stage shall not exceed the maximum allowable coverage.
      (2)   In nonresidential districts, the total ground area occupied by buildings in a PUD shall not exceed 50% of the total project or commercial facilities that are designed and intended to serve the residents of the Planned Unit Development. The burden of proof shall rest upon the applicant to show that nonresidential uses, when located in a residential district, are designed and intended for the primary use of the residents in the PUD, provided further that no commercial uses shall be constructed until 75% of the total dwelling units contained in the entire project are completed. COMPLETED shall mean qualifying for a certificate of occupancy.
      (3)   Uses normally more appropriate in other zoning districts shall not occupy more than 15% of the land area within the district(s) in which the development is proposed.
(Ord. 221, passed 11-6-1995; Am. Ord. 246, passed 11-1-2004) Penalty, see § 10.99