This Article establishes provisions for rezoning of land within the County to provide for a Planned Unit Development (PUD). The purpose of this Article, Planned Unit Development, is to achieve the objectives enumerated in Section 40-1-2 (the general intent and purpose of the Code) and the following additional objectives:
(A) 
To provide a regulatory mechanism whereby the County can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the County's issuance of the necessary zoning, subdivision, and/or building permit;
(B) 
To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;
(C) 
To preserve the natural topography, scenic features, mature trees, and historic structures existing on sites proposed for development;
(D) 
To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;
(E) 
To ensure the provision of usable common open space in planned developments, and to spur installation of amenities therein;
(F) 
To facilitate the economical installation of standard streets, sewers, utilities, and other improvements.
Important: Except as specifically provided otherwise in this Section, planned unit developments (including all structures and uses therein) shall, at a minimum, be built in conformity with all applicable codes and ordinances including this (Zoning) Code and the Subdivision Code.
Planned unit developments may be built in any Residential or Commercial Zoning District, but only upon the issuance of a special use permit by the County Board of Commissioners.
The planned unit development concept is intended to afford both the developer and the County considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this Section, PUDs may deviate from generally applicable Code requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.
(A) 
Mixed uses. PUDs may include all types of residential structures and any other uses approved by the Board of Commissioners; provided, in approving such mixed uses, the Board of Commissioners may attach any conditions necessary to protect the public welfare.
(B) 
Lot and structure requirements. In PUDs the Board of Commissioners may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the PUD are appropriately interrelated and property abutting the PUD is adequately protected from any potential adverse impacts of the development. "Lot and structure requirements" means minimum individual lot area, width and depth; minimum setbacks; and maximum structure height.
(C) 
Location of parking/loading spaces. By permission of the Board of Commissioners, off-street parking and loading spaces in the PUDs need not be located in accordance with generally applicable requirements. The minimum number of spaces, however, shall not be less than the number required as per Article V of the Zoning Code.
Every applicant for preliminary PUD approval shall comply with the procedural requirements of this Section. The required procedures are as follows:
(A) 
Filing development plan with the Administrator;
(B) 
Review of the development plan by the Planning Commission;
(C) 
Public hearing by the Board of Appeals as per the requirement of Division IV in Article VIII;
(D) 
Recommendation by the Zoning Board of Appeals to the Board of Commissioners regarding approval/rejection of the development plan; and
(E) 
Action by the Board of Commissioners on the development plan.
Every applicant for approval of a preliminary PUD development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below:
(A) 
Written documents:
(1) 
Legal description of the total site for proposed developments;
(2) 
Names and addresses of all owners of property within or adjacent to the proposed PUD;
(3) 
Statement of the planning objectives to be achieved by the PUD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
(4) 
Development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed;
(5) 
Statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.;
(6) 
Data indicating:
(a) 
Total number and type of proposed dwelling units;
(b) 
Gross and net acreage of parcel;
(c) 
Acreage of gross usable open space; and
(d) 
Area of any commercial uses.
(B) 
Graphic materials:
(1) 
Existing site conditions including contours at five (5) foot intervals and locations of water courses, flood plains, unique natural features, and wooded areas;
(2) 
Proposed lot lines and plot designs;
(3) 
Proposed location, size in square feet, and general appearance of all existing and proposed buildings (both residential and non-residential) and other structures and facilities;
(4) 
Location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common, open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;
(5) 
Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership – public or private – should be included where appropriate);
(6) 
Existing and proposed pedestrian circulation system and proposed treatments of points of conflict;
(7) 
Existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines;
(8) 
General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;
(9) 
Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent area; and
(10) 
Any additional information required by the County to evaluate the character and impact of the proposed PUD.
The Planning Commission shall submit to the Zoning Board of Appeals a written advisory report concerning acceptance/rejection of the development plan. In deciding what their advice should be, the Planning Commission shall consider the following criteria:
(A) 
The extent to which the proposed development is consistent with the County's Comprehensive Plan and with the purposes of this Code and of all other applicable codes and ordinances;
(B) 
The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including but not limited to, the use and lot and building regulations of the district), and the apparent merits (if any) of said deviations;
(C) 
Whether the proposed design of the PUD makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features, and so forth;
(D) 
The compatibility of the proposed PUD with adjacent properties and surrounding area; and
(E) 
Any other reasonable criteria that the Planning Commission may devise.
After the Planning Commission has submitted their advisory report, the Board of Appeals shall hold a public hearing as per the requirements of Sections 40-8-25 and 40-8-26. Within a reasonable time following the hearing, the Board of Appeals shall file a report of the hearing and its advisory report with the County Board of Commissioners accompanied by the advisory report of the Planning Commission.
After the Zoning Board of Appeals has submitted the advisory reports, the Board of Commissioners, by resolution, shall either approve or disapprove the preliminary PUD development plan. The Board of Commissioners shall not approve any preliminary PUD development plan unless:
(A) 
The State's Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and
(B) 
The proposed PUD, as evidenced by the development plan, complies with all applicable codes and ordinances. (Deviations to the extent permitted under Section 40-7-4 shall not be deemed as non-compliance).
With respect to the preparation, submission, and review of PUD final development plans, the developer and this County shall comply with the regulations of the following subsections:
(A) 
Filing, information required. Not later than one (1) year after the approval of the preliminary development plan, the applicant shall file his final development plan for the first stage of the proposed PUD. Said final development plan shall contain in final form all the items of information listed in Section 40-7-6 plus the following:
(1) 
Proof that the developer has acquired legal title to all land within the PUD or has executed a binding agreement with all the owners of such land giving him effective control over its development;
(2) 
Legal description of each lot to be individually owned and each parcel to be held in common;
(3) 
Articles of incorporation and bylaws of the Homeowners' Association;
(4) 
Restrictive covenants and any other legal instruments required by the State's Attorney guaranteeing the proper upkeep and use of the common open space and recreational facilities therein; and
(5) 
Legal instruments dedicating streets and other improvements to this County or conveying same to the Homeowners' Association (as the case may be).
(B) 
Advisory report. Not later than sixty (60) days after the application for final development plan approval is filed, the Planning Commission – following consultation with the Administrator, the County Engineer, and the State's Attorney – shall submit a written advisory report to the County Board of Commissioners. The Commission's advisory report shall fully discuss the extent to which the final development plan conforms to the approved preliminary development plan and to all applicable codes and ordinances.
(C) 
Action by. At their next regularly scheduled meeting following submission of the Planning Commission's advisory report, the Board of Commissioners shall, by resolution, either approve or disapprove the PUD final development plan. The Board of Commissioners shall not approve any final development plan unless:
(1) 
The developer has posted a performance bond or deposited funds in escrow in the amount the County Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and
(2) 
The State's Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and
(3) 
The proposed PUD, as evidenced by the final development plan, complies with all applicable codes and ordinances and substantially conforms to the approved preliminary development plan.
No changes shall be made to any approved PUD development plan except as follows:
(A) 
Minor changes if required by engineering or other circumstances not foreseen at the time the final development plan was approved.
(B) 
All other changes shall require a public hearing before the Zoning Board of Appeals and a resolution by the Board of Commissioners.
(C) 
No approved change shall have any effect until it is recorded with the Monroe County Recorder of Deeds as an amendment to the recorded copy of the development plan.
If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the development plan shall lapse upon written notice to the applicant from the Board of Commissioners and shall be of no further effect. However, in its discretion and for good cause, the Board may extend for a reasonable time the period for the beginning of construction. If a final development plan lapses as per this Section:
(A) 
The special use permit shall be automatically revoked;
(B) 
Any building permits shall automatically become null and void; and
(C) 
All regulations applicable before the PUD was approved shall automatically be in full effect.