(A)
In a planned unit development, the developer may make use of the land for any purpose authorized in the particular PUD in which the land is located, subject to the provisions of this chapter. Section 153.054 describes the various types of PUDs.
(B) Within any tract in a residential zoning district developed as a residential/commercial PUD, not more than 10% of the total tract area may be developed for purposes that are permissible only in a commercial zoning district. Likewise, within any tract in a commercial zoning district developed as a commercial/industrial PUD, not more than 10% of the total tract area may be developed for purposes that are permissible in an I-1 Zoning District.
(C) The plans for the proposed planned unit development shall indicate the particular portions of the tract that the developer intends to develop for purposes permissible in a residential district (as applicable), purposes permissible in a commercial district (as applicable), and purposes permissible only in an industrial district (as applicable). For purposes of determining the substantive regulations that apply to the planned unit development, each portion of the tract so designated shall then be treated as if it were a separate district, zoned to permit, respectively, residential, commercial or industrial uses. However, only one permit (a planned unit development permit) shall be issued for the entire development. Said permit may be issued by the Zoning Administrator following subdivision general plan approval.
(D) The non-residential portions of any planned unit development may not be occupied until all of the residential portions of the development are completed or their completion is assured by any of the mechanisms provided in §§ 153.340 through 153.363 to guarantee completion. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create non-residential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential, development.
(E) The submission and approval of any PUD as defined and authorized in § 153.054 shall follow the same submission procedures as a major subdivision as regulated in the subdivision regulations of the town. The adoption of any PUD defined and authorized by § 153.054 is considered an amendment to this chapter and shall follow the requirements set forth in §§ 153.435 through 153.441.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)