(A)   Purpose and intent. It is the purpose of this subchapter to recognize and accommodate creative and imaginative, "master-planned" or unified residential developments which utilize innovations in technology and best practices in land development that are in the best interest of the city and which are consistent with the goals and objectives of the city's Comprehensive Plan of current adoption. These regulations are designed to achieve, among other things, the following objectives:
      (1)   To promote flexibility in site design, lot sizes and yard requirements in order to conserve open space, preserve natural amenities and environmentally sensitive areas and to direct development to more appropriate locations.
      (2)   To provide readily accessible green spaces and recreational areas within the development and to provide for pedestrian and non-motorized vehicular access to and through such common open areas.
      (3)   To allow for a variety of dwelling types including attached and detached single-family and multiple-family dwellings that are compatible with the purpose of this chapter; the underlying zoning district and neighboring developments.
      (4)   To create compact and walkable neighborhoods and provide a reasonable separation between motor vehicle and pedestrian and other non-motorized traffic.
      (5)   To provide appropriate vehicular and pedestrian connections between the development and adjacent neighborhoods and nearby commercial uses.
      (6)   To promote a more efficient use of land than is generally achieved through conventional subdivision development, which may reduce initial development costs as well as long-term public maintenance costs, through construction of shorter streets and utility mainlines.
   (B)   Special provisions governing PUDs. Because of the unique characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this section and those of the other chapters of the zoning ordinance, the provisions of this division shall prevail. Subjects not covered by this division shall be governed by the respective provisions found elsewhere in this code. Except as specifically noted, nothing in this section shall be interpreted to exempt PUDs from all provisions of the subdivision regulations of the city. All PUDs are subject to site plan review by the Planning Commission.
      (1)   Minimum project area.
         (a)   The gross area of a tract of land to be developed in a PUD shall be a minimum of 25 acres. Smaller parcels may be considered for approval as a PUD on the basis of their potential to meet the objectives of this division as stated in division (A) of this section.
         (b)   All land within the PUD shall be contiguous in that it shall not be divided into segments by any limited-access highway or any tract of land (other than public streets, rights-of-way for pipelines, electric or other utility transmission lines) not owned or under control of the developer of the PUD.
         (c)   All land proposed for a PUD shall be located in an LDR, R-1 or R-2 Residential zoning district.
      (2)   Accessibility.
         (a)   Collector streets and major thoroughfares. In order to maintain efficient traffic circulation, one-, two- and three-family dwellings shall not be accessed directly from a collector or major thoroughfare unless the PUD includes a marginal access road adjacent to the collector or major thoroughfare for such purpose, which is approved by the Planning Commission.
         (b)   Private streets. Private streets are permitted with condominium, cluster housing and multi-family developments within the planned unit development and shall be designed to the standards adopted by the city in the most current version of the Engineering Rules and Regulations.
         (c)   Pedestrian and bicycle circulation. The layout of all public and private streets shall be designed with consideration given to "complete streets" principles in order to accommodate pedestrians and bicyclists in a safe manner.
      (3)   Permitted uses.
         (a)   Permitted uses in a PUD shall consist of:
            1.   Detached single-family dwellings in LDR and R-1 zoning districts.
            2.   Attached and detached single-family dwellings and two-family attached dwellings in R-2 districts.
            3.   Accessory uses or structures incidental to the primary or principal structure or use. Accessory uses or structures shall not include any activity conducted as a business.
            4.   Off-street parking subject to §§ 154.405 through 154.409.
            5.   Signs subject to §§ 154.470 through 154.486.
         (b)   All dwellings shall either be located on individual lots fronting on a public street or within a condominium, cluster housing or multi-family development where dwellings can be accessed by private streets or drives.
      (4)   Conditionally permitted uses.
         (a)   Conditionally permitted uses in a PUD shall consist of:
            1.   Multi-family dwellings, including apartments, comprising no more than 30% of the total dwellings within the PUD, when the underlying zoning district is R-2, subject to § 154.546(B)(2), (B)(4), (B)(5) and (B)(7).
            2.   Two-family dwellings in an R-1 district subject to § 154.546(B)(2)(h)4.
            3.   Churches and other buildings for the purpose of religious worship subject to § 154.546(B)(3), (B)(4), (B)(6), (B)(10) and (B)(12).
            4.   Group dwellings for the handicapped, subject to § 154.546(B)(31).
            5.   Home occupations subject to § 154.546(B)(17).
            6.   Off-street parking as per §§ 154.405 through 154.409.
         (b)   All PUDs containing conditionally permitted uses shall be subject to the appropriate provisions of §§ 154.542 through 154.546, including a public hearing by the Planning Commission prior to the issuance of a conditional zoning certificate and approval of the PUD general plan.
      (5)   Project density.
         (a)   PUDs shall be "density neutral" in that the overall project density shall not exceed the maximum allowable gross density permitted by the underlying zoning district.
         (b)   Two-family dwellings shall not constitute more than 20% of the total dwellings within the entire PUD or any phase thereof.
      (6)   Lot area, yard area and height requirements.
         (a)   Lot widths, setbacks and side yards and building heights for lots with direct frontage on a public street, are permitted to be flexible in order to allow for a variety of structural and design arrangements subject to the following requirements:
            1.   The minimum lot area for a single-family lot shall not be less than 6,050 sq. ft. Two- and three-family lots shall not contain less than 4,500 sq. ft. of land area for each dwelling unit.
            2.   The minimum lot width at the front building line shall not be less than 55 feet for single-family lots and 70 feet for two- and three-family lots.
            3.   The depth of any lot shall not exceed four times the lot width as measured at the front building line.
            4.   The minimum front yard depth shall not be less than 25 feet; however, for dwellings with a front yard depth of less than 40 feet, attached garages shall be required to maintain a minimum yard depth of 40 feet or be located along the side or rear of the dwelling to provide adequate driveway length for off-street parking.
            5.   The minimum rear yard depth shall not be less than 25 feet.
            6.   The minimum side yard width shall not be less than seven feet; except that two- and three-family dwellings that share a party wall shall be exempted from these requirements.
            7.   The maximum height for one-, two- and three-family dwellings shall not exceed 40 feet. The maximum height for multi-family structures and other conditional uses shall not exceed 50 feet.
         (b)   Residential cluster lots shall comply with all of the requirements listed in § 154.083(C).
         (c)   In reviewing building and lot spacing proposals in PUDs, the Planning Commission shall be guided by factors such as unit spacing required for adequate light and air; fire and emergency vehicle access; relationship of building to street frontages, open spaces and pedestrian and vehicular circulation patterns; and adequacy of the amount and location of off-street parking required to serve the proposed dwelling types.
      (7)   General design provisions.
         (a)   Public streets shall be designed to accommodate one lane of on-street parking.
         (b)   Private streets of less than 28 feet in width may be designated as fire lanes where on-street parking is prohibited. Therefore, one additional parking space shall be required, in addition to the off-street parking requirements set forth in §§ 154.405 through 154.409, for each two dwelling units or portion thereof, which are located on a private street. On private streets with a width equal to or greater than 28 feet, the Planning Commission may allow for on-street parking in lieu of the additional off-street parking requirements.
         (c)   All utilities shall be installed underground.
         (d)   When located outside of a public right-of-way, utilities and their respective easements should be placed within common open spaces whenever possible to minimize impacts on building lots.
         (e)   The PUD development plan should be fitted to the site topography to minimize grading and soil disturbance. All projects shall demonstrate compliance with Chapter 155 (Soil Sediment Pollution Control) and Appendix 2 of the current version of the Engineering Rules & Regulations.
   (C)   Common open space.
      (1)   Land area requirements. A minimum of 30% of the net area of the PUD shall be reserved in perpetuity for common open space and recreational facilities. Such open space shall be available to and accessible to all residents of the PUD and shall be designed primarily for their use.
      (2)   Plan requirements.
         (a)   All PUD submissions shall include an open space use and maintenance plan, which shall delineate:
            1.   The proposed boundaries of the common open space.
            2.   Where access to the open space will be located.
            3.   A visual and written description of how the open space will be developed, defining:
               a.   Areas of natural resources, including wetlands, streams, ponds, ravines, steep slopes, outcroppings, tree copses, etc., that will be protected and left in their natural state.
               b.   Areas that will be cleared for passive recreational activities.
               c.   Areas that will be cleared and improved for active recreational activities.
               d.   Areas that will be returned to a natural setting.
         (b)   The location of access ways within the open space.
         (c)   A written description of how the approved open space plan shall be maintained into the future.
      (3)   Design requirements. The design and layout of common open space shall be governed by the following standards:
         (a)   Permanent water bodies should comprise no more than 30% of the required open space. The Planning Commission may, at its discretion allow water bodies to comprise up to 50% of the required open space depending on the water body's utility as a recreational or open space asset to the PUD.
         (b)   Open space areas and recreation areas shall be distributed throughout the PUD and located so as to be readily accessible and usable by all residents of the PUD.
         (c)   Common open space shall not be less than 75 feet in width, except for access corridors from streets to the open space, which may be no less than 20 feet in width. The minimum area of contiguous common open space shall not be less than two acres, exclusive of access corridors.
         (d)   The following areas shall not be considered as part of the common open space:
            1.   Any private yard areas on platted building lots.
            2.   Any area within 15 feet of any condominium or multi-family structure.
            3.   Roadways and parking facilities for condominiums and multi-family structures.
         (e)   Access ways shall be constructed to the following minimum requirements:
            1.   Minimum width shall be not less than six feet.
            2.   Minimum vertical clearance shall be not less than eight feet.
            3.   The trail tread shall be constructed of crushed limestone, chip and seal, asphalt, concrete or similar material.
            4.   The trail shall contain a compacted sub-base and be designed to last not less than seven years.
      (4)   Completion of open space improvements. All open space improvements, including access ways, shall be installed or constructed during the phase of development in which they are proposed, or a financial guarantee for performance has been posted. However, all open space improvements shall be constructed or financial guarantees for performance posted for the entire remaining balance of the improvements before:
         (a)   Forty percent of the proposed building lots in the PUD have been platted,
         (b)   Forty percent of all condominium and multi-family units have been issued building, zoning and/or development permits,
         (c)   Any combination of divisions (a) and (b) above, in which 40% of all building lots and condominium and/or multi-family units in the PUD have been platted or issued zoning permits, or
         (d)   Within 30 months of the Planning Commission's approval of the general plan, whichever occurs first.
      (5)   Disposition of common open space. As part of a planned unit development, a homeowners association; community association, condominium association, "master" association or similar legal entity shall be created for the purpose of controlling, maintaining and repairing all common elements and utilities in the PUD, including the common open space. Membership in the association shall be mandatory for all purchasers of dwelling units within the development.
         (a)   Common open space shall be prohibited from further subdivision and development by deed restriction, conservation easement or similar restrictive covenants. The Planning Commission may recommend that development rights to all or parts of the common open space be deeded to the city, a park district, land conservancy or similar organization. The accepting entity must show the ability and willingness to accept such deed and maintain the property.
         (b)   The association shall not authorize its dissolution, nor shall it sell, transfer or otherwise dispose of common open space or other common facilities, utilities and other improvements without first:
            1.   Offering to dedicate the common elements to the city and having such offer accepted by City Council, or
            2.   Establishing a successor entity for the purposes of owning, managing and maintaining such common elements.
            The disposition of common open space and other common elements shall be done in accordance to appropriate state laws; the controlling documents of the association and be approved by the Planning Commission as an amendment to the approved PUD plan.
         (c)   The association shall convey to the city, other appropriate governmental bodies and utility providers the right of entrance to the common open space and other common elements for emergency purposes or in the event of nonperformance in completing, maintaining and repairing of such improvements that affect the public health, safety and welfare. Such entities shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied as liens against the property, including the individual building lots, condominium units, multi- family buildings and undeveloped building lots located within the development, if such liens may be lawfully levied. In the event of an emergency, advance notice is not necessary for entrance onto such common areas and facilities.
   (D)   Private amenities. Developers of PUD's may elect to provide certain amenities for the benefit of the residents of the PUD, including but not limited to swimming pools, tennis courts, playground equipment, and other active and passive recreational improvements, subject to the limitation noted in divisions (C)(2) and (C)(3) of this section:
      (1)   Such amenities shall be located within the common open space and the location and dimensions of such amenities shall be defined on the general PUD plan.
      (2)   Such amenities shall be considered an integral part of the approved development plan and may not be eliminated or modified without the Planning Commission's approval.
      (3)   All amenities shall be constructed or financially guaranteed in accordance to the provisions noted in division (C)(4) of this section for open space improvements.
   (E)   Public improvements. Development projects, including PUDs, often require improvements or extensions of existing public infrastructure and streets in order to accommodate impacts from the proposed development. Such improvements may include, but are not limited to: utility and street extensions; roadway widening; installation of traffic control devices, sidewalks, utility mains and ditch enclosures.
      (1)   Such public improvements shall be constructed or a financial guarantee for performance posted according to the following table:
Development Type
Construction/Financial Guarantees Prior to:
Residential Subdivision
Final plat approval
Declaration plat approval
Final occupancy approval
      (2)   In situations where certain public improvements have been identified, but are not required until later phases of the development, the required public improvements shall be financially guaranteed on a proportional basis so that by the time the improvement is required, sufficient funds will exist to guarantee completion of the improvements.
(‘65 Code, § 1322.01) (Am. Ord. 97-113, passed 11-18-97; Am. Ord. 16-166, passed 3-7-17; Am. Ord. 18-041, passed 10-16-18) Penalty, see § 154.999