[1]
Editor’s note–Ord. 27-05, sec. 1, adopted 12/15/05, repealed former art. XVII, secs. 1–4, in its entirety, which pertained to similar subject matter and derived from Ord. 428, adopted 2/3/77.
(a) 
The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a Planned Development (PD) overlay district.
(b) 
The Planned Development (PD) District is a district which accommodates planned associations of uses developed as integral land use units such as office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options (e.g., single-family, multifamily, duplex, etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A Planned Development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this article, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:
(1) 
To provide for a superior design on [of] lots or buildings;
(2) 
To provide for increased recreation and open space opportunities for public use and enjoyment;
(3) 
To provide amenities or features that would be of special benefit to the property users or to the overall community;
(4) 
To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;
(5) 
To protect or preserve existing historical buildings, structures, features or places;
(6) 
To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and
(7) 
To meet or exceed the standards of this article.
(c) 
While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
(Ordinance 27-05, sec. 1, 12/15/05)
(a) 
An application for a PD district shall specify the base zoning district(s) upon which the PD is based, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). PD designations shall not be attached to SUP requirements. Specific use permits allowed in a base zoning district(s) are allowed in a PD only if specifically identified as allowable by SUP at the time of PD approval, and if specifically cited as an “additional use” (i.e., to those allowed by right in the PD) in the ordinance establishing the PD. Any use that is not specifically cited as permitted (by right or by SUP) in the applicable base zoning district(s) or the PD ordinance shall be prohibited unless the PD ordinance is amended using the procedures set forth in this article and in division 36 of the zoning ordinance.
(b) 
In the case of residential PD districts, the proposed lot sizes shall be no smaller than the lot sizes allowed in the base zoning district for each type of housing (e.g., single-family, duplex, etc.) except for minor changes in a small percentage of the lots in order to provide improved design, or to provide flexibility in the layout of the subdivision or diversity in lot size choices.
(Ordinance 27-05, sec. 1, 12/15/05)
(a) 
Any development requirements for a particular PD district that deviate from those of the base zoning district(s) shall be set forth in the amending ordinance granting the PD district. These shall include, but may not be limited to: allowed or additional (i.e., SUP) uses, density, lot area, lot width, lot depth, yard depths and widths, building height and size, building exterior construction, lot coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, property management associations, and other requirements as the city council and planning and zoning commission may deem appropriate.
(b) 
In the PD district, uses and development standards shall conform to the standards and regulations of the base zoning district(s) unless specifically stated otherwise in the PD ordinance. The base zoning district(s) shall be stated in the PD granting ordinance. All applications to the city shall list all requested deviations from the standard requirements for the base zoning district(s) as set forth throughout the zoning ordinance as applicable to each base zoning district (applications without this list will be considered incomplete). The PD district shall conform to all other regulations of the applicable base zoning district(s), as well as all other applicable regulations of the zoning ordinance, unless specifically changed or excluded in the ordinance establishing the PD. A PD that is based upon more than one base zoning district shall also include a legal (i.e., metes and bounds) description and graphic exhibit describing/showing the proposed boundaries of each respective area and its base zoning district (e.g., shown as “Proposed PD-R-2”, “Proposed PD-LR”, etc.).
(c) 
The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD district granted therein, as well as a general statement citing the reason for the PD request.
(d) 
The minimum acreage for a planned development request shall be as follows:
(1) 
Residential development (R-1 through 5, D or TH): 20 contiguous acres.
(2) 
Multifamily development (A or MHP): 10 contiguous acres.
(3) 
Nonresidential development (O, LR, C, LM, HM, H/O): 10 contiguous acres.
(4) 
Mixed Use (residential and nonresidential): 30 contiguous acres.
(e) 
The minimum acreages for a planned development request cited in subsection (d) above may be reduced, or waived altogether, by city council approval and adoption of the PD ordinance (with such acreage reduction or waiver specifically cited in the PD ordinance) if the city council makes a finding that at least one of the following special circumstances exists for a specific land parcel:
(1) 
The property is located entirely, or at least 75% within, the Downtown Overlay District;
(2) 
The property is located along U.S. 175, and has at least 200 feet of frontage along U.S. 175; or
(3) 
The property is surrounded on at least 75% of its perimeter by property that has already been developed (i.e., has been final platted and has significant development improvements, such as roads, utilities, storm drainage structures, fire lanes and hydrants, and other similar development improvements, either under active construction or already completed on it).
(Ordinance 27-05, sec. 1, 12/15/05; Ordinance 27-2023 adopted 9/18/2023; Ordinance 2026-25 adopted 2/2/2026)
In establishing a planned development district in accordance with this article, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each PD district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a concept plan shall be required along with the PD zoning application. A preliminary/construction plat may be submitted in lieu of the concept plan for a single- or two-family PD (see the Subdivision Ordinance for submission and other requirements) if the applicant prefers to do so, and if the applicant wishes to expend the resources and funds necessary to prepare a complete preliminary/construction plat submission.
(1) 
Concept plan.
This plan shall be submitted by the applicant at the time of the planned development request. The plan shall show the applicant’s intent for the use of the land within the proposed PD district in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The city may prepare application form(s) that further describe and explain the following requirements:
(A) 
Residential PD concept plan.
A concept plan shall be submitted with any residential PD zoning request for a development comprised of single-family or two-family (duplex) dwellings on individually platted lots, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data. (See the Subdivision Ordinance for additional information on concept plan submission as it relates to the platting of land.)
(i) 
For a single- or two-family PD (or portion of a PD) - A preliminary/construction plat (see the Subdivision Ordinance) shall be submitted for approval within one year from the approval date of the concept plan for all or some portion of the PD covered by the overall PD concept plan. If a preliminary/construction plat is not submitted within one year, then the PD concept plan shall expire in which case the property owner must submit a new zoning application for approval of a new PD concept plan (along with a zoning application to amend the PD ordinance and its accompanying concept plan) must be submitted for review and approval, in accordance with the procedures set forth in this article, prior to preliminary/construction plat review/approval (and any subsequent issuance of a building permit) for any portion of the PD district.
(B) 
Nonresidential or multifamily PD concept plan.
A concept plan shall be submitted with any nonresidential, multifamily, single-family attached, or manufactured (mobile) home PD zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The concept plan shall show the types of use(s) proposed; access, topography and boundaries of the PD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development (see division 23 of the zoning ordinance for concept plan requirements and procedures).
(i) 
For a nonresidential, multifamily, single-family attached, or manufactured (mobile) home PD (or portion of a PD) - A detailed site plan shall be submitted for approval (in accordance with subsection (2) below, and with division 23 of the zoning ordinance) within one (1) year from the approval date of the concept plan for all or some portion of the PD covered by the overall PD concept plan. If a detailed site plan is not submitted within one (1) year, then the PD concept plan shall expire in which case the property owner must submit a new zoning application for approval of a new PD concept plan (along with a zoning application to amend the PD ordinance and its accompanying concept plan) must be submitted for review and approval, in accordance with the procedures set forth in this article, prior to detailed site plan review/approval (and any subsequent issuance of a building permit) for any nonresidential, multifamily, single-family attached, or manufactured (mobile) home portion of the PD district.
(2) 
PD site plan (detailed).
Submission and approval of the detailed PD site plan shall be in accordance with division 23 of the zoning ordinance, and shall accompany an application for a nonresidential, multifamily, single-family attached, or manufactured (mobile) home planned development zoning if the applicant prefers to submit the detailed site plan in lieu of the required PD concept plan. The detailed PD site plan will establish the final plans for development of the planned development district (or any portion thereof), and it shall substantially conform to the site layout and development data approved on the PD concept plan (adopted along with the PD ordinance). If a PD concept plan was previously approved for the overall PD district, then a detailed PD site plan (along with the required engineering/architectural site construction plans and preliminary/construction plat) may be submitted for only the sections or lots that are proposed for immediate development rather than for the entire PD. If no concept plan was approved with the ordinance establishing the PD, then a concept plan for the entire PD must be submitted and approved prior to approval of a detailed site plan (along with the required engineering/architectural site construction plans and preliminary/construction plat) for only the portion(s) of the PD that are proposed for immediate development.
For any single- or two-family residential district (A, R-1 through 5 or Duplex), a preliminary/construction plat shall qualify as the site plan.
(3) 
Lapse, extension or reinstatement of PD concept plan or PD site plan shall be in accordance with the provisions above and the provisions in division 23 of the zoning ordinance.
(Ordinance 27-05, sec. 1, 12/15/05)
(a) 
The procedure for establishing a planned development zoning district shall follow the procedures for zoning amendments as set forth in division 36 of the zoning ordinance. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the concept plan that is submitted along with the PD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PD zoning request shall also include the accompanying concept plan, and if the PD is approved then the concept plan shall become a part of the ordinance establishing the PD district.
(b) 
The ordinance establishing the planned development zoning district shall not be approved (or adopted) until the accompanying concept plan is approved by the city council, and until all other procedural requirements set forth in division 36 and division 23 of the zoning ordinance are satisfied.
(c) 
When a zoning request for a planned development district is being considered, a written report from the city manager (or his/her designee) discussing the project’s impact upon planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies (such as the applicable school district and/or utility companies), may be submitted to the planning and zoning commission prior to the commission making any recommendations to the city council. In the event written comments and advisement are not forthcoming in a reasonable amount of time, the commission may, at its discretion, make a recommendation to the city council without said comments or advisement.
(Ordinance 27-05, sec. 1, 12/15/05)
All planned development zoning districts approved in accordance with the provisions of this article, as may be amended, shall be prefixed by a “PD” designation and assigned a unique identification number (e.g., PD-1, PD-2, PD-3, and so on), and shall also be referenced on the zoning district map. A list of such planned development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this article.
(Ordinance 27-05, sec. 1, 12/15/05)
Prior to adoption of the ordinance codified in this article, the city council previously established certain planned development districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to the ordinance codified in this article, specified in Appendix A-1, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective planned development districts shown on the zoning district map as of the effective date of the ordinance codified in this article. Each prior PD ordinance is hereby assigned a unique identification number (e.g., PD-1, PD-2, PD-3, and so on) as shown in Appendix A-1, and subsequent PD ordinances adopted after the effective date of the ordinance codified in this article shall be similarly numbered for identification purposes.
Editor’s note–Appendix A-1 to Ord. 27-05, referred to in section 7 above, is not printed herein.
(Ordinance 27-05, sec. 1, 12/15/05)