Prior to the adoption of 16816 on 03/05/2001, Section 29-10 read as follows.

Section 29-10 District PUD, planned unit development.

(a) Purpose. This district is intended to provide for innovative housing developments. The major objectives of a planned unit development are:

(1) To promote flexibility in the design and location of structures.

(2) To promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

(3) To preserve existing landscape features and amenities and to use such features in a harmonious fashion.

(4) To provide for more usable and suitably-located common facilities than would otherwise be provided under conventional land development procedures.

(b) Permitted Uses. In district PUD, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered except for one or more of the uses allowed by the ordinance placing the property in district PUD (for exceptions, see section 29-28, Non-Conforming Uses; and section 29-31, Board of Adjustment) The commission shall recommend and the council, at the time of rezoning, shall designate the use or uses allowed for the applicant's property from the following uses:

One or more or all of the permitted uses in district R-1.

One or more or all of the permitted uses in district R-2.

One or more or all of the permitted uses in district R-3.

Bed and breakfast establishment, subject to the following criteria:

1. That not more than five (5) guest rooms shall be allowed.

2. That in addition to meeting all parking requirements of Section 29-30, there shall be one off-street parking space provided for each guest room.

3. That there shall be no individual room cooking facilities used for the bed and breakfast stay.

4. That the establishment shall be owner-occupied and managed.

5. That the establishment shall comply with all applicable adopted city fire and building codes and shall be inspected for such compliance by the protective inspection division of the city public works department prior to an occupancy permit being granted.

6. That only one wall-mounted sign, not exceeding eight (8) square feet in size, shall be allowed.

7. That meals may be served only to residents and overnight guests.

Private lakes.

Private outdoor swim and tennis clubs.

Private stables.

Private golf courses and country clubs. Facilities permitted under this use would be permitted to provide those types of services generally associated with such clubs to their members, including those otherwise permitted only in commercial districts.

(1) Design characteristics. The proposed PUD shall be designed to provide for the unified development of the area. The design may provide for one or more dwelling unit types, and may consist of individual lots, or it may have common building sites.

(2) Open space or common land shall be an essential and major element of the plan.

(3) Establishment of PUD. A PUD may be approved, provided that all the provisions of this section are complied with, but approval is not mandatory, and PUD is not a use of right.

(4) Density of development.

The maximum density shall be calculated on the land area that remains after deducting all perimeter and interior street right-of-way requirements as determined by city street standards and the major thoroughfare plan.

The actual density of the PUD shall be determined by conditions specifically applicable to the site such as topography, the character of the surrounding property, traffic movement, or adequacy of public services.

When zoning on property is changed to PUD, the zoning district map shall designate the property as PUD, followed by a number which shall indicate the maximum allowable dwelling units per acre on that particular site.

(5) Building height. No specific maximum; however, building height shall be compatible with the surrounding area.

(6) Lot size. No minimum requirement.

(7) Yards. There shall be a twenty-five-foot setback from all perimeter property lines of the PUD. The setback is intended to be a landscaped buffer; however, driveways (but not parking) are allowed. The commission may recommend and the council may approve modifications in the width of or use of the setback when unique conditions warrant such modifications.

(8) Vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

(9) Access. The streets within the proposed development shall be public and within a public right-of-way. Other driveways and pedestrian ways shall be adequate to serve the residents and visitors of the PUD.

(10) Parking. The provisions of section 29-30, off-street parking and loading, shall apply. Additional off-street parking shall be provided when warranted by expected occupancy or development densities.

(11) Homeowners association. Where homeowners associations are needed, homeowners association documents shall be recorded, prior to certificate of occupancy permits being granted, for purposes of improving, operating and maintaining private common facilities, including drives, service areas, parking areas and recreation areas.

(d) Procedure for Establishing PUD Zoning and for Review and Approval of a PUD Site Plan:

(1) The first step in the approval process should be a concept review to discuss and document the proposal. The concept review is an informal discussion and review between the director of planning and development or his designee and the developer to discuss land use and development concepts, applicable regulations, and other concerns that may be raised.

(2) The second step shall be the submittal of a request for rezoning to PUD. Rezoning shall be done in accordance with section 29-34 of this chapter and shall be accompanied by a statement of intent. The statement of intent shall be a letter, signed by the applicant or his agent, containing the following information about the proposed PUD:

a. The type(s) of dwelling units proposed and any accessory buildings proposed.

b. The maximum number of dwelling units proposed and the development density.

c. The maximum building height proposed.

d. The total number of parking spaces proposed and the parking ratio.

e. The minimum percentage of the entire site to be maintained in open space, such as landscaping or natural vegetation.

f. Any amenities proposed, such as swimming pools, golf courses, tennis courts, hiking trails or club houses.

g. A general description of the plan including minimum lot sizes, if applicable, minimum building setbacks from streets and minimum setbacks between buildings.

(3) The statement of intent shall become part of the ordinance approving the PUD zoning.

The statement of intent shall be binding upon the owners, their heirs and assigns until such time as the council shall release such limitations on the use of the subject property under the procedures provided herein.

The statement of intent is intended to provide guidance for any future revisions to the PUD site plan.

(4) The commission and council may require other plans or data as they deem necessary to accompany the statement of intent.

(5) After the rezoning to PUD, the applicant shall submit a PUD site plan, which is in conformance with the ordinance approving the PUD zoning, for a public hearing by the commission. The procedures for application, review and public hearing on a PUD site plan shall be the same as for the rezoning except that a public hearing shall only be conducted by the commission and not the council. After the public hearing, the commission shall forward the PUD site plan to the council with its recommendations. The council shall take action on the plan.

As an option, the applicant may submit a PUD site plan along with the petition for rezoning to PUD and statement of intent, in order to abbreviate the approval process.

(6) The PUD site plan submittal shall include the following:

a. Name of the PUD.

b. A north arrow, scale, small location map, and the size of the site to the nearest one-tenth (0.1) of an acre.

c. The names and addresses of the record owners of the land and their agents.

d. The names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions.

e. The existing topography of the site with contour intervals no greater than five (5) feet, and the specific location of the one-hundred-year floodplain, if applicable.

f. The location and maximum height of all buildings. In the case of one or two-family units on individual lots, this requirement can be met by use of building "envelopes" which show the portion of the lot within which structures may be located.

g. The location and number of parking spaces, drives, walkways, and the parking ratio.

h. The location and width of existing street rights-of-way, alleys, roads, railroad rights-of-way, and recorded easements; and the proposed location, width, name and grade for any new street.

i. The location of existing and proposed sanitary sewers, water mains, storm sewers and natural gas mains within or adjacent to the site.

j. The types of dwelling units, other uses, and proposed density of development.

k. The location and size of all areas to be conveyed, dedicated or reserved as common open space, public parks, pedestrian ways, recreational areas, school sites, and similar public or semipublic uses.

l. The location of the 25-foot wide perimeter setback.

m. Signature blocks for commission and council approvals on all exhibits considered part of the PUD site plan.

n. A landscaping plan. For PUDs or portions thereof consisting of single-family detached dwellings on individual lots or two-family attached dwellings on individual lots (except as specified below), the provisions of section 29-25 (Screening and Landscaping Requirements) shall not apply; however, this requirement shall be met by depicting the proposed landscaping on a "typical lot." For all other PUDs or portions thereof, and for PUDs or portions thereof consisting of two-family attached dwellings on individual lots which have side or rear property boundaries abutting collector or arterial street right of way, compliance with section 29-25 (Screening and Landscaping Requirements) is required.

o. The phasisng of structures, streets and amenities within the development.

(7) In addition to meeting the requirements stated in paragraph (5) above, the PUD site plan shall adhere to the objectives set forth in paragraph (a), Purpose, and paragraph (c), Standards and Criteria.

(8) Approval of the PUD site plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met. Any variances to the subdivision regulations proposed as part of the PUD shall be clearly stated on the PUD site plan. Such variances shall be considered along with commission and council review of the plan.

(9) No building permit shall be issued for any construction in the PUD until a final subdivision plat for the property on which permits are requested has been approved.

(10) From and after five (5) years following the date of approval of the PUD site plan by the council, the plan shall become null and void, provided construction has not commenced on any portion of the PUD site.

Prior to expiration of the PUD site plan, the council may extend the time for a specified period. A request for a time extension must be made in the form of a letter signed by the property owner or his agent.

(11) Minor changes to an approved PUD site plan may be authorized by the director of planning and development, but in no case shall the director be obligated to consider such changes. Such changes shall not constitute a substantial deviation from the approved PUD site plan.

In determining whether or not the change is a substantial deviation from the approved PUD site plan, the director shall use, but is not limited to, the following criteria:

a. Does the revision comply with the original statement of intent?

b. Is the project density increased in total or in areas of the PUD?

c. Is the dwelling unit type (attached, detached, multi-family) being altered?

d. Is there a change in public or private infrastructure?

e. Is there a change in amenities such as landscaping, open space, common area or recreational facilities?

f. Is there a rearrangement of buildings?

g. Is there an increase or decrease in land use intensity such as building height, size or increase in parking area?

h. Is there a change in the use of any structure?

i. Is there a potential increase in traffic?

(12) Changes, other than those considered minor by the director of planning and development, shall be submitted to the commission for a public hearing. The public hearing shall follow the same procedures outlined herein for a PUD site plan. After the public hearing, the commission may approve the revision to the PUD site plan. If, however, the change is considered by the commission to be a substantial deviation from the PUD site plan or the statement of intent, the commission shall forward the proposal to the council. The council, after a public hearing, shall take action on the proposed revision.

(e) Protest procedure. At the time of rezoning, property owners within one hundred eighty-five (185) feet of a proposed planned unit development may present a formal protest in the same manner as provided under section 29-34(b) of this chapter.

(f) Effect of amendments to district PUD regulations.

(1) An approved final PUD plan shall not be required to comply with PUD regulations adopted after the plan was approved.

(2) Buildings constructed in accordance with an approved final PUD plan are lawful conforming uses.

(3) Proposed revisions to final PUD plans approved under prior regulations shall be reviewed under the procedural provisions of this section.

(Code 1964, § 19.154; Ord. No. 9958, § 1, 10-3-83; Ord. No. 10401, § 1, 1-7-85; Ord. No. 10619, § 1, 6-17-85; Ord. No. 12821, § 1, 12-17-90; Ord. No. 13058, § 1, 8-19-91; Ord. No. 14334, § 1, 1-3-95; Ord. No. 14963, § 1, 9-3-96; Ord. No. 15591, § 1, 5-4-98)