(A) Application procedure.
(1) The application for a rezoning to the PUD Zoning District shall be accompanied by an application plan meeting the requirements of § 154.487(A) and show evidence that the proposed development will conform to the official county plan and to the purpose of the PUD District set forth in § 154.485. The Zoning Board of Appeals shall grant or deny said application pursuant to the provisions contained in §§ 154.020 through 154.023. Approval of the PUD Zoning District shall constitute an expression of approval by the Zoning Board of Appeals of the application plan as a guide to the preparation of the preliminary PUD plan. The applications shall be accompanied by a filing fee in an amount equal to that prescribed by §§ 154.020 through 154.023.
(2) To reduce the number of steps involved in the approval of a planned unit development, a preliminary PUD plan meeting the requirements of division (A)(1) above and § 154.487(B)(2) may be submitted in lieu of an application plan required in division (A)(1) above. This type of application shall be accompanied by a filing fee in an amount equal of $100 plus an amount equal to that prescribed by 1.2(a)(2) of this section.
(B) Approval of the preliminary plan.
(1) (a) Supporting data in accordance with § 154.487(B)(2).
(b) Copies of the preliminary PUD plan and supporting data shall be submitted to the Administrative Officer for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.
(c) Copies of the preliminary PUD plan shall be submitted to the Zoning Board of Appeals who shall hold public hearings on the application for a preliminary PUD plan giving notice of the times and places as required by state law by publishing a notice thereof at least once in a publication having general circulation within the county. Following the public hearings, a recommendation of approval or denial of the preliminary PUD plan shall be made by the Zoning Board of Appeals to the County Board. If needed, the Zoning Board of Appeals shall review the preliminary PUD plan and grant or deny any exceptions or variances needed.
(2) The Zoning Board of Appeals shall set forth the reasons for the recommendation, and said recommendation shall set forth how the proposal would be in the public interest, including, but not limited to, findings of facts on the following:
(a) In what respects the proposed plan is consistent with the stated purpose of the planned unit development requirements;
(b) The extent to which the proposed plan meets the requirements and standards of the Planned Unit Development District;
(c) The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk and use, and the reasons why such departures are deemed to be in the public interest;
(d) The physical design of the proposed plan and the manner in which said design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light, air, recreation, and visual enjoyment;
(e) The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood;
(f) The desirability of the proposed plan to physical development, tax base, and economic well-being of the entire community;
(g) The conformity with the intent and spirit of the comprehensive plan; and
(h) Specific points noted on the plan that have impact on its design, function, and visibility in the community.
(3) (a) Following the receipt of the recommendation by the Zoning Board of Appeals and approval by the County Board, the Zoning Board of Appeals shall, within 60 days, recommend approval, modification within limits of a minor change, or disapproval of the planned unit development plan.
(4) All conditions, documents, and plans required by the Zoning Board of Appeals must be delineated on the plat or agreed to in writing prior to Zoning Board of Appeals approval.
(5) The Zoning Board of Appeals may require such special conditions as they may deem necessary to ensure conformance with the intent of all comprehensive plan elements, the stated purpose of the planned development district, and established county policies.
(6) Approval of a preliminary planned unit development plan shall not constitute approval of the final plan. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan which will be submitted for approval of the county. The final plan shall be approved as the final land use and zoning plan if it conforms substantially with the preliminary land use and zoning plan. (The final plan may be considered as a preliminary and final plan and may be submitted for preliminary and final approval, if all of the land is to be developed at one time, and if all requirements hereof are met.)
(C) Approval of final plan. The final planned unit development plan shall be submitted to the Administrative Officer who shall refer same to the Zoning Board of Appeals. The final PUD plan shall conform to the preliminary PUD plan as approved or subject to minor changes, and may be submitted in stages with each stage reflecting the approved preliminary plan; provided, however, that such stage conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
(1) A final planned unit development plan and other supporting data required for approval shall be in accord with the provisions of § 154.487(B). Final plans must be submitted for approval in accordance with agreed-to scheduling, but not later than five years from the approval of the preliminary plan by the Zoning Board of Appeals. The Zoning Board of Appeals may grant an extension in time or the developer may resubmit an application; in the event that same is not done, the Zoning Board of Appeals shall initiate such zoning changes as it deems necessary to preserve the public interest. If construction falls more than two years behind the schedule filed with the final plan, the plan becomes subject to revocation. The Administrative Officer shall monitor all pending PUD projects and inform the Zoning Board of Appeals of those six months or more behind schedule;
(2) The final plan and supporting data shall be submitted to the Zoning Board of Appeals for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan;
(3) After review of the final plan, the Zoning Board of Appeals shall submit the planned unit development plan to the County Board with a recommendation for approval, disapproval, or approval with minor modifications as reviewed at the public hearing. Any changes or modifications which arise subsequent to the public hearing shall be specifically noted and referred to the Administrative Officer who shall determine whether the change constitutes a major or minor change and whether another public hearing is required;
(4) The Zoning Board of Appeals shall, within 60 days, approve, disapprove, or extend the time period for another 60 days in taking action on the final plan; and
(5) All conditions, documents, and plans required by the Board must be delineated on the plan or agreed to in writing prior to Board approval.
(D) Recording the final planned unit development plan. The construction of any public improvement in the planned unit development shall be initiated only after recording of the final PUD plan has been recorded with the County Recorder, and shall be issued in full conformance with this chapter.
(E) Changes in the planned unit development. The planned unit development shall be developed according to the approved and recorded final plan, recorded approved plan, and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees, and assigns, and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein.
(1) Major changes.
(a) A change in the approved preliminary PUD plan or final PUD plan which alters the concept or intent of the planned unit development including a change in usage, the configuration, increase in floor area or the height of buildings, an increase in intensity, a reduction of proposed open space, a change in road locations or standards, a change in the final governing agreement, provisions, or covenants, or other major changes, shall be approved only by submission of a new preliminary PUD plan in accordance with the procedures as previously set forth for the approval of preliminary and final PUD plans.
(b) All approved major changes in the final PUD plan shall be recorded with the County Recorder as amendments to the final PUD plan.
(2) Minor changes. The Administrative Officer may approve minor changes in the planned unit development which do not change the concept or intent of the development, without going through the preliminary approval steps. Minor changes shall be any change not defined as a major change.
(Ord. passed 5-16-2023)