(a)
It is the intent of this division to encourage unified design of
housing, commercial, industrial, or institutional areas and facilities,
or combinations thereof, to provide for integrated developments having
harmony of design and variety of function. It is not intended to permit
a greater density or uses different from those set forth in the regulations
of the district in which the development is located, but this division
is to provide for greater flexibility in the design of buildings,
yards, courts, and circulation, than would otherwise be possible through
the strict application of district regulations, and to produce:
(1)
A maximum choice in the types of environment and living units available
to the public;
(2)
Open space and recreation areas;
(3)
A pattern of development which preserves trees, outstanding natural
topography, and geologic features, and prevents soil erosion;
(4)
A creative approach to the use of land and related physical development;
(5)
An efficient use of land resulting in smaller networks of utilities
and streets and lower housing costs;
(6)
An environment of stable character in harmony with surrounding development;
and
(7)
A more desirable environment than would be possible through the strict
application of other sections of this article.
(b)
The planned unit development division is designed to provide for
small-scale and large-scale developments incorporating a single type
or a variety of residential and related uses which are planned and
developed as a unit. Such a development may consist of individual
lots or it may have common building sites. Common land must be an
essential and major element of the plan which is related to and affects
the long-term value of the homes and other development. A planned
unit shall be a separate entity with a distinct character in harmony
with surrounding development.
(2002 Code, sec. 54-241)
A planned unit development may be authorized, provided that
all of the following provisions are complied with:
(1)
A planned unit development shall be permitted in any district except
an A general agricultural district, R-1 rural single-family district,
R-2 single-family district, R-3 rural mobile home residential district,
or an R-4 mobile home residential district.
(2)
The proposed planned unit development shall be designed to provide
for the unified development of the area and in accordance with the
spirit and purposes of the district in which the unit is located.
The design may provide for modification of yard, setback, and height
requirements, but the use, density, intensity of use, and coverage
requirements for the district, and the minimum dimensions established
for the design of courts shall not be reduced.
(3)
The minimum size of the site upon which a planned unit development
shall be located shall be not less than three acres for commercial
developments, not less than ten acres for residential developments,
and not less than 40 acres for industrial, educational, medical, and
other types of institutional developments.
(4)
The off-street parking requirements set forth in division 5 of this
article may be complied with by providing one or more permanent, common,
off-street parking facilities for all uses within the development,
provided that the facility contains the requisite number of spaces
for each use, and that the spaces provided for permanent residents
shall be clearly designated and separated from spaces provided for
employees, customers, and service. The total spaces provided shall
not be less than the sum of the individual requirements and the spaces
required for each use, and shall be under the ownership or permanent
control of the owners of the use for which the spaces are required.
(5)
The developer shall submit a site development plan of the proposed
development in support of the application for a planned unit development
permit. This application shall be considered the same as a rezoning
request and the same procedures shall be followed concerning application,
planning commission review, and public hearings. Upon approval by
the city council, the site development plan shall become a part of
the zoning districts map. The plan may provide for staged development
of the project and shall indicate so on the plan.
(6)
Any substantial deviation from the plans submitted at the time of
rezoning shall constitute a violation of the rezoning and any substantial
change in plans shall be resubmitted for review following the same
procedure required in the original adoption of the plan. The chief
enforcement officer shall interpret what constitutes a “substantial”
deviation or change in plan.
(7)
The construction of the planned unit development shall be started
within two years of the effective date of approval of the plan by
the city council. Failure to begin the development within the two
years shall automatically void the development plan and the land shall
revert to the same zoning classification which existed immediately
preceding the approval of the planned unit development.
(8)
A homeowners’ association shall be created if other satisfactory
arrangements have not been made for improving, operating, and maintaining
common facilities, including streets, drives, service and parking
areas, and recreation areas. When required, the owner shall establish
a homeowners’ association in accordance with the requirements
and procedures outlined by the FHA in sections 7 and 8.2 of the Land
Planning Bulletin No. 6 entitled, “Planned Unit Development
with a Homes Association,” as updated.
(2002 Code, sec. 54-242)
