Section 29-10 District PUD, planned unit development.
Prior to the adoption of 16816 on 03/05/2001, Section 29-10 read as follows.
(a) Purpose. This district is intended to provide for innovative housing
major objectives of a planned unit development are:
(1) To promote flexibility in the design and location
(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
(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
4. That the establishment shall be owner-occupied and
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
7. That meals may be served only to residents and overnight
Private outdoor swim and tennis clubs.
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.
(c) Standards and Criteria. The following standards and criteria shall
apply to all PUD
(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
(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
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
(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
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
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
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
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
(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
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
f. Is there a rearrangement of
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
(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
(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.
§ 1, 6-17-85; Ord. No. 12821, § 1, 12-17-90; Ord. No. 13058, § 1, 8-19-91; Ord. No. 14334,
1-3-95; Ord. No. 14963, § 1, 9-3-96; Ord. No. 15591, § 1, 5-4-98)