[R.O. 2009 § 483.010]
This Article contains the regulations
for a Planned Unit Development, herein "PUD." These regulations are
supplemented and qualified by additional general regulations appearing
elsewhere in this Title.
[R.O. 2009 § 483.020]
The intent of this Article is to
provide a voluntary and alternate zoning procedure in applicable Zoning
Districts in order to permit flexibility in Building types and arrangements
that would not be possible under the strict application of the Zoning
District; encourage a creative approach to the use of land and related
physical facilities that results in better development and design
to preserve existing site topography, major tree cover, and natural
water features on and adjacent to the development to the extent reasonably
possible; and contribute to enhancement of the City's urban design,
with particular attention to adaptation to adjacent neighborhoods
and Street systems under conditions of approved Site Plans.
[R.O. 2009 § 483.030]
The PUD procedure may be utilized
for developments containing not less than seven (7) acres in the "R-1,"
"R-2," and "R-3" Districts and not less than four (4) Dwelling Units
in the "OT-1" District.
[R.O. 2009 § 483.040]
A.
The PUD may authorize the following development
types and standards:
1.
Permitted Uses. Any Permitted Use
in the Zoning District within which the PUD is located is permitted
in the PUD. Additionally, Attached Single-Family Dwellings or Two-Family
Dwellings are permitted in the "R-2" and "R-3" Districts and Attached
Single-Family, Two-Family Dwellings, and Multiple-Family Dwellings
each with no more than four (4) Dwelling Units are permitted in the
"OT-1" District.
2.
Uses Allowed by Special Use Permit. Any Use allowed by Special Use Permit in the Zoning District within which the PUD is located is permitted in the PUD by Special Use Permit to be issued in accordance with Section 410.080.
3.
The PUD requirements shall be established
in the Ordinance authorizing the PUD with the following restrictions:
a.
Off-Street Parking. Off-Street Parking
requirements shall meet the minimum requirements of the proposed use
and shall in no event be diminished; however, the Commission and Board
may require that unenclosed Off-Street Parking Spaces be depressed
below the grade of the remainder of the Lot or screened by walls,
fences, or plant material or by both methods to preserve and complement
the general character of any existing developments on adjacent properties.
b.
Setbacks. The required Setbacks of
the underlying Zoning District shall apply to all Lot Lines contiguous
with or within fifty (50) feet of the boundary line of the PUD.
c.
Buffer Areas. For PUDs in "R-2" or
"R-3" Districts wherein Lot Areas do not comply with the minimum Lot
Area of the underlying Zoning District, a Buffer Area of not less
than thirty (30) feet in depth shall be provided along any Lot Line
that abuts a Residential District or Lot with a Residential Use that
is not located within the PUD.
d.
Lots. The PUD shall not contain more
Lots or Dwelling Units than would be permitted under the regulations
of the Zoning District which the PUD is permitted, and in no case
shall the minimum Lot Area in the "R-1" District be less than twenty
thousand (20,000) square feet; in the "R-2" District be less than
ten thousand (10,000) square feet; in the "R-3" District be less than
seven thousand five hundred (7,500) square feet; or in the "OT-1"
District be less than six thousand (6,000) square feet and:
(1)
The maximum number of
Lots allowable in "R-1," "R-2," and "R-3" Districts shall be calculated
by dividing the net area of the PUD by the minimum Lot Area requirement
for a Residential Dwelling Unit of the underlying Zoning District
in which the PUD is located. The net area is the gross area of the
development, minus the following:
(a)
Any area within special
flood hazard areas inundated by a 100-year flood (i.e., plain and
floodway Zones "A," "AE," "AH," "AO," "A99") as determined by the
Federal Emergency Management Agency (FEMA).
(b)
All Street pavement.
(c)
Area for Detention/Retention
Areas as measured ten (10) feet back from the high-water elevation
for any Detention/Retention Area.
(2)
The maximum number of Lots within the "OT-1" District shall be dependent on each Lot containing not less than six thousand (6,000) square feet, exclusive of any area included within above Subsection (A)(3)(d)(1), (a), (b), and (c).
[R.O. 2009 § 483.050]
See Section 440.090.
[R.O. 2009 § 483.060]
In addition to the Preliminary Plat meeting the requirements of Section 440.100, the Commission shall review the proposed PUD to determine if the PUD is:
A.
Consistent with good general planning practice
and with good site planning;
B.
Can be constructed and operated in a manner
that is not detrimental to the Permitted Uses in the Zoning District;
C.
Would be visually compatible with the uses
and Property within the surrounding area; and
D.
Is deemed desirable to promote the general
health, safety, and welfare of the City. Additionally, the Commission
and Board shall also consider the architectural, landscape, and other
relationships which may exist between the proposed development and
the character of the surrounding neighborhood and shall prescribe
and require such physical treatment such as Screening, Buffer Areas,
or other features as will, in its opinion, enhance the neighborhood
character.
[R.O. 2009 § 483.070]
See 440.110.
[R.O. 2009 § 483.080]
See Section 440.120.
[R.O. 2009 § 483.090]
See Section 440.120.
[R.O. 2009 § 483.100]
A.
The PUD shall be developed only according
to the approved and recorded Final Plat and all supporting data. The
recorded Final Plat 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 Property
(including the internal use of Buildings and Structures) and location
of Structures in the PUD as set forth therein. All changes to the
Final Plat shall be recorded with the Recorder of Deeds as amendments
to the Final Plat or reflected in the recording of a new, corrected
Final Plat.
1.
Major changes. Changes which alter the concept or intent of the PUD, including increases in density, Building Heights, or proposed decreases in open space. Changes in the sequence of development and changes in Street standards shall be approved by submission of a new Preliminary Plat under Section 440.100 and subsequent amendment to the Final Plat.
2.
Minor changes. The Director may approve
minor changes in the PUD which do not change the concept or intent
of the development. "Minor changes" are defined as any change not
defined as a major change.
[R.O. 2009 § 483.110]
A.
The Board shall consider the PUD subject
to revocation if substantial construction fails to commence within
one (1) year of filing of the Final Plat or construction is not completed
within five (5) years from approval of the Final Plat. The Applicant
shall be notified in writing at least sixty (60) days prior to any
revocation hearing.
B.
The Board may grant an extension to commence
construction for not more than one (1) additional year. As used in
this Article, "substantial construction" shall mean final grading
for Streets necessary for first approved Plat or phase of construction
and commencement of installation of sanitary and storm sewers.
C.
In the event the Final Plat is not submitted or substantial construction has not commenced within the prescribed time limits, the PUD shall terminate and the Commission shall within forty-five (45) days recommend initiation of a new Public Hearing before the Board to revert the Property to its prior classification in accord with the proceedings specified in Section 410.060. In the case where rezoning was granted in conjunction with the PUD and said PUD has terminated, no building permit shall be issued on that Property in accord with the provisions of the above-noted Section.
[R.O. 2009 § 483.120]
A.
A PUD may include a Lot or Lots designated
for Public Park use, which may be considered part of the gross acreage
of the development in computing the maximum number of Lots that may
be created or Dwelling Units that may be authorized, provided that:
1.
No Lot of less than ten (10) acres
is dedicated for Public Park. However, a Lot Area less than this minimum
may be accepted for a Public Park by the Board if it is an addition
to an existing or proposed Public Park or school site respectively
or is recommended by the Parks and Recreation Committee as part of
the City's Public Park system.
2.
Prior to approval of a Final Plat
for a PUD indicating Public Park dedication, a written statement recommending
approval of the proposed Public Park shall be received from the Parks
and Recreation Committee.
3.
The proposed Public Park is dedicated
in a manner approved by the Board as to the legal form prior to recording
of the Final Plat.
4.
The Final Plat identifies the boundaries
of the dedicated Lot for a Public Park within the PUD.
5.
The deed of dedication for Public Park shall provide that in the event the Property shall no longer be used for that purpose, it will revert to the trustees of the Subdivision in which it is located as common land. The trust indenture required in Section 440.290 shall provide for the manner in which the common land shall be treated, so that the provisions of this Section are complied with.
[R.O. 2009 § 483.130]
In PUDs where common areas, which may include open spaces, recreational areas, or other common grounds, are provided, a trust indenture shall be recorded simultaneously with the Final Plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees (and mechanism to pay for the same) to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and shall comply with the requirements established in Section 440.150, Subdivision Indentures.
