§ 27. "PD" planned development district.

A.

Purpose. The purpose of this district is to permit flexibility and encourage a more creative, efficient, and aesthetically desirable design and placement of buildings, open spaces and circulation patterns, and to best utilize special site features such as topography, size and shape. It is intended that the flexibility permitted by this zoning category extends to discretionary approval, in conjunction with development plan review, not limited to, but including such requirements as those relating to parking, building line set backs, square footage of buildings and structures, protective screening, or sign placement, and other specifications in order to achieve the purposes and objectives stated in conformance with good planning practices.

B.

Permitted uses. The city council may approve any use or combination of uses in a "PD" planned development district that are proposed to be developed under development controlled conditions designed to assure quality development and meet the purposes and requirements of this section. The uses may be for an entire of class of uses such as general retail or for specific types of uses such as restaurants. The planning and zoning commission shall consider the nature and described performance of the proposed use and shall transmit its findings and recommendations to the city council.

C.

Criteria for planned development districts. For purposes of this district one or more of the following circumstances shall be existing or proposed when determining the appropriateness of a planned development district:

1.

Cluster developments. Dwelling units grouped into clusters, allowing an appreciable amount of land for open space. Commercial or industrial uses grouped into clusters, allowing an appreciable amount of the land for open space or joint use such as parking and storage.

2.

Mixed uses. Part of the land in a predominantly residential "PD" used for non-residential purposes, such as shopping or employment centers. Part of the land in a predominantly commercial or industrial "PD" used for residential purposes.

3.

Preservation of natural areas. For areas exhibiting environmentally sensitive or natural features which should be considered for preservation and/or enhancement.

4.

Innovative land utilization. Single purpose residential, commercial, or industrial uses which demonstrate innovative land utilization.

5.

Provision of amenities. The provision of amenities such as common open space, green belts, parks, recreational areas, and other amenities not required by this zoning ordinance.

D.

Natural feature requirement. In those areas which contain certain natural features causing an area to be unique and worthy of preservation as a natural feature area, the following provisions apply:

1.

Development plan required. A "PD" development plan is not required unless specifically requested by city council.

2.

Building permit plot plan. The following features and requirements shall be met and shown on the building permit plot plan required to be submitted.

a.

There shall be a building line or set-back line for the construction of residences located no less than 20 feet from the upper bank of Big Fossil Creek, Little Fossil Creek or White Branch. Outbuildings or accessory buildings may be erected and maintained between the 20-foot setback line and the upper bank of Big Fossil Creek, Little Fossil Creek or White Branch in the same manner and under the same conditions as is permitted in the rear yards under the applicable land use zoning classification of the area. Except, however, vegetation must be preserved as set forth in the following paragraph.

b.

No trees or other natural vegetation having a trunk diameter of four inches (diameter at breast height) or more may be cut or removed ten feet back from the top of the river bank without zoning board of adjustment approval. Outbuildings or accessory buildings may be located between the aforementioned ten feet vegetation set-back line and the upper bank of Big Fossil Creek, Little Fossil Creek or White Branch in the same manner and under the same conditions as permitted in the rear yards under the applicable land use zoning classification of the area provided that no trees or other natural vegetation having a trunk diameter of four inches or more need to be cut or removed in order to erect and maintain any such outbuilding or accessory building or structure.

c.

Individual building permit plot plan conformance for each lot or tract involved shall be reviewed by the city building inspection department and in addition to the standard plot plan requirements shall show the top of the bank of Big Fossil Creek, Little Fossil Creek or White Branch and the ten-foot and 20-foot set-back lines.

d.

The city council may, by specific action, require a natural feature site plan to be submitted including all or any portion of the requirements listed in section 27, planned development district.

E.

Area requirements.

1.

Height regulations. Height regulations shall be approved by the city council on a case-by-case basis for each application for a "PD" district, the city council shall consider the maximum height requirement for permissible uses if the same were situated in the most restrictive districts in which such uses are permitted. However, the city council may establish specific heights after consideration of the building height on the surrounding and adjacent property.

2.

Area regulations. Area regulations shall be approved by the city council on a case-by-case basis for each application for a "PD" district. When establishing the area regulations for a "PD" district, the city council shall consider the minimum area regulations if the same were situated in the most restrictive districts in which such uses are permitted. However, the city council may establish specific lot, yard and area requirements after consideration of density, building coverage, relationship of proposed buildings and relationship to surrounding and adjacent property.

F.

Parking regulations.

1.

Surface required. All parking and vehicle use areas shall be paved.

2.

Locational requirements. Off-street parking facilities shall be provided at locations designated on the approved development plan.

3.

Minimum parking requirements. Minimum off-street parking requirements shall be established in the approved development plan, but shall not be less than the minimum requirements for permitted uses prescribed in the applicable sections of the zoning ordinance.

G.

Common area in planned developments. The permanent character of common space lands shall be insured by private reservation for the use and benefit of residents, by dedication to public use, or by a combination thereof. Common open spaces not dedicated to public use shall be maintained by the owner thereof. Land required for common open space shall not include the following:

1.

Areas reserved for the exclusive use and benefit of an individual tenant or owner.

2.

Dedicated streets, alleys, or other public rights-of-way.

3.

Vehicular driveways, private street or parking, loading or storage areas.

In the cases that homeowners associations are to be established for the purpose of ownership and/or management of common open spaces, all such associations shall meet the recommended guidelines as established by the department of housing and urban development.

H.

Landscaping. A landscape plan shall be provided by the applicant. The standards regarding landscaping shall be considered on a case by case basis for each application for a "PD" district. When establishing the landscape requirements for any "PD" district, the applicant shall provide at a minimum the landscape requirements indicated in section 32, landscaping and screening requirements.

I.

Application process. An application for a planned development district shall be made to the planning and zoning commission in the same manner that an application for a zoning change is made. Application for approval of a planned development district shall be processed according to the procedure specified herein, and a development plan and related data shall be submitted for approval in accordance with the requirements set out below.

1.

An application for a planned development district shall be accompanied by a development plan meeting the requirements set forth in subsection J., "development plan required".

2.

Upon receipt of an application, the zoning administrator shall make notification of a public hearing as set forth in the zoning ordinance.

3.

The zoning administrator shall prepare a written report analyzing the development plan and such report shall be given to the planning and zoning commission and applicant at least three working days prior to the public hearing.

4.

The planning and zoning commission shall hold a public hearing and make a recommendation to the city council to approve the application as is, approve with conditions, or deny the application. The city council shall hold a public hearing and approve the application as is, approve with conditions, or deny the application.

J.

Development plan required. An application for a planned development district shall include and be accompanied by a development plan which shall become a part of the amending ordinance and shall be referenced on the zoning map.

1.

Items required on a development plan. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation and interpretation by the zoning administrator. The development plan shall be a scale drawing on an accurate survey of the boundary of tract including the following items.

a.

A scale drawing showing any proposed public or private streets and alleys; the building site, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets; and existing and proposed finished grades with contour intervals of not less than two feet, or spot grades where the relief is limited.

b.

Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required;

c.

Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line and/or alley line shall be submitted; for buildings more than one story in height, except single-family and two-family residence, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air;

d.

A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangements proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown. All streets shall be constructed to the adopted street design standards and section design.

e.

A designation of the maximum building coverage of the site shall be indicated upon the development plan;

f.

For development projects influenced by or containing major drainageways or containing areas flood prone by definition of the city engineer, drainage plans shall be a part of the development plan;

g.

The development plan shall show north arrows, true scale, name(s) and address(es) of developer, licensed engineer or architect preparing development site plan and a land description by reference to name of subdivision and survey tract in which it is located;

h.

Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by the planning commission.

2.

Changes to the development plan. Changes in the development plan shall be considered the same as changes in the zoning map and shall require city council approval following a recommendation of the planning and zoning commission. The proposed development plan shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor-area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yards provided at the boundary of the site as indicated on the approved development plan may be authorized by the zoning administrator or referred to the planning and zoning commission and city council for review and decision.

3.

Phased development plan. The development plan may, in some cases, be a two-phase document. The first phase shall illustrate and contain the applicant's request and suggestion for the use, configuration of buildings, parking, etc., and the second phase shall illustrate the development plan showing the suggestions and recommendations of the planning and zoning commission after review of phase one.

K.

Site plan requirement. Prior to issuance of a building permit for any construction a site plan in accordance with section 30, site plan requirements, will be required. The site plan shall be approved by the city council upon recommendation by the planning and zoning commission. The site plan may be submitted in lieu of the development plan. If the development plan and the site plan are submitted separately, a separate public hearing and action shall be required for both submittals.

L.

Previously adopted planned developments. For planned developments existing prior to the effective date of this ordinance and for subsequent planned developments, where regulations are not specifically provided within the text of the planned development document, the regulations of the zoning district that most appropriately applies, as determined by the zoning administrator, shall be used.