The intent of the planned unit development (PUD) chapter is to encourage better land use development in all districts by relaxing the strict mechanical regulations of this title and providing a method and standards whereby structures and uses can be designed and developed as a unit instead of the traditional lot-by-lot method, yet carrying out the intended purpose of this title. A PUD shall be in general harmony with adjacent uses and shall not create negative documentable impacts to adjacent parcels.
(Ord. 276 Exh. 1, 2024)
A PUD shall not be placed in any downtown overlay district nor the public lands and institutions district.
A PUD application shall follow the review process outlined below.
A. 
All applications for a planned unit development shall be filed in the town office accompanied with the appropriate fee prescribed on the adopted town of West Yellowstone fee schedule.
B. 
The town council shall then cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and the individual district where the PUD is proposed.
C. 
The planning board shall, after legal notice of not less than ten days, hold a public hearing to review the application. At the hearing the planning board shall make a recommendation to the town council and add any relevant conditions to mitigate impacts to the criteria found in Section 17.31.060.
D. 
The town council shall, after legal notice of not less than ten days, hold a public hearing on the application and take testimony from interested parties. The town council shall then either approve or deny the application. If the application is denied, reasons for denial shall be given.
(Ord. 276 Exh. 1, 2024)
The town council may make the granting of a planned unit development subject to reasonable limitations or conditions as it may deem necessary to protect the public health, safety, and welfare and to reduce any impacts to nearby property or residences.
(Ord. 276 Exh. 1, 2024)
For the purpose of this chapter, definitions in Chapter 17.04 shall apply except for the following terms:
A. 
"Common open space"
means a parcel or parcels of land, or an area of water, or a combination of land and water within a planned unit development designated and intended for the use or enjoyment of residents of the development. Common open spaces may contain complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of occupants of the development.
B. 
"Owners’ association"
means an incorporated, nonprofit organization operating under recorded land agreements through which:
1. 
Each lot owner in the planned unit development is automatically a member;
2. 
Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities; and
3. 
Common open space and facilities are maintained.
C. 
"Plan"
means the provisions for the development of a planned unit development including, but not limited to, the following:
1. 
Any proposed land subdivision;
2. 
Proposed location and use of a lot or structure;
3. 
Design of all structures;
4. 
Density of development;
5. 
Development and location of streets and utilities;
6. 
Legal documents pertaining to the development.
(Ord. 276 Exh. 1, 2024)
A. 
The applicant may submit any combination of proposed uses to the town council for a PUD. The combination of uses and their impacts to adjacent owners within and adjacent to the subject site shall be a primary review criterion.
B. 
The applicant may propose uses that are not currently defined in the town code.
C. 
The applicant shall propose their own standards regarding the following items for review by the council:
1. 
Alleys.
2. 
Density.
3. 
Encroachments.
4. 
Lot size.
5. 
Height restrictions.
6. 
Use.
(Ord. 276 Exh. 1, 2024)
A planned unit development application shall include the following information:
A. 
A sketch of the proposed site showing existing physical features, i.e., topography, trees, streams, structures, streets, utility lines, etc.;
B. 
General information and plans of utility systems and any design plans or reports as required to ensure that the proposal complies with town standards;
C. 
Legal description and plat of proposed site;
D. 
Notation of acreage within the proposed site, numbers of lots, typical lot size, proposed uses of lots, sites for parks and recreation, or other public and quasi-public uses;
E. 
Existing zoning of the proposed site and surrounding area;
F. 
Names, location, and tentative finished grades of all proposed streets;
G. 
Location and design of all proposed structures (should include distances from streets and property lines and between structures);
H. 
Location and number of proposed parking spaces;
I. 
Proposed design standards and proposed zoning requirements of the PUD;
J. 
Copies of all covenants and legal instruments pertaining to operation of the planned unit development;
K. 
Impacts and mitigation strategies to the following items:
1. 
Stormwater drainage.
2. 
Snow storage.
3. 
Traffic impacts.
4. 
Community services to include:
a. 
Emergency services.
b. 
Fire department.
c. 
Municipal wastewater.
d. 
Municipal water.
e. 
Police.
f. 
Traffic.
g. 
Other services as identified by town staff, the planning board, or town council.
(Ord. 276 Exh. 1, 2024)
In a planned unit development containing areas or facilities of common or restricted ownership, the subdivision plat, dedication, covenants, and other recorded legal agreements shall:
A. 
Legally create automatic membership in a nonprofit property owners’ association or similar instrument;
B. 
Place title to any common property or facility in the property owners’ association possession;
C. 
Appropriately and permanently limit the uses of common property and open space;
D. 
Give each lot or unit owner the right to use and enjoyment of any common property or facility;
E. 
Place responsibility for operation and maintenance of the common property on the property owners’ association;
F. 
Place an association charge on each lot or unit in a manner which will:
1. 
Ensure sufficient funds for maintenance and operation, such charge to be a lien on the property,
2. 
Provide adequate safeguards for owners against undesirably high charges;
G. 
Where any of the above are not applicable or suitable, the applicant may suggest alternative solutions approved by the town council.
(Ord. 276 Exh. 1, 2024)
All planned unit developments shall meet or exceed the following standards of development:
A. 
Planned unit development sites shall not be exposed to adverse elements, i.e., smoke, dust, noise, etc., which might create damage to property or bring harm to occupants.
B. 
Site size for planned unit developments shall be appropriate to the proposed area and design but shall not be less than two acres (except B-3 district — fifteen thousand square feet minimum).
C. 
Off-street parking shall be provided in convenient locations and in accordance with Chapter 17.37.
D. 
Off-street loading shall be provided in accordance with Chapter 17.38.
E. 
Not less than fifteen percent of the planned unit development site shall be designated and maintained as common open space for the use of the occupants of the development.
F. 
Utilities shall be provided in a manner to meet town specifications.
G. 
Landscaping may be required to provide a buffer between proposed uses or between different adjacent district classifications.
(Ord. 276 Exh. 1, 2024)
A. 
When the town council gives approval of a planned unit development, permits shall be issued only in accordance with the approved plan and stipulated conditions.
B. 
When the town council approves the planned unit development it shall be noted on the official town of West Yellowstone zoning map and any future development shall adhere to the approved PUD design standards.
(Ord. 276 Exh. 1, 2024)
Any person or persons, jointly or severally aggrieved by any decision of the town council, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision of the office of the council.
(Ord. 276 Exh. 1, 2024)