§ 56-154. Planned unit development (PUD).  


Latest version.
  • (a)

    General character and purpose. It is the intent of this section to:

    (1)

    Encourage the development of large tracts of land as planned neighborhoods or communities;

    (2)

    Encourage flexible and creative concepts in site planning;

    (3)

    Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas;

    (4)

    Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this chapter;

    (5)

    Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs;

    (6)

    Provide an environment of stable character compatible with surrounding residential areas. Within the planned area, a variety of land uses may be permitted in an orderly relation to one another and to existing land uses, as well as with due regard to comprehensive planning in the county.

    (b)

    Requirements and standards for approval.

    (1)

    An application for development as a planned unit development must contain a minimum area of 20 contiguous acres.

    (2)

    The county planning commission and the county board of commissioners in their review of the proposed development plan shall consider:

    a.

    The proper relation between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for the county;

    b.

    The adequacy of existing and proposed streets, water, sewer, electrical and gas service, and other public services to serve the development;

    c.

    The character, design, and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions, to provide separation and screening between uses where desirable to preserve the natural amenities of streets, wooded areas and similar natural features;

    d.

    The adequacy of open and play areas and the recreation facilities provided for the needs of the development.

    (3)

    Approval and recommendation of the planning commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed planned unit development will not adversely affect the property adjacent to the area included in the plan.

    (4)

    Final approval of a planned unit development shall not be granted until the owner of the property gives written notice of his consent to the proposed development.

    (c)

    Review and approval procedures.

    (1)

    Preapplication conference. Prior to filing a formal application as a planned unit development, the applicant is encouraged to confer with the staff of the planning commission in order to review the general character of the plan (on the basis of a tentative land use sketch if available), and to obtain information on projected programs and other matters.

    (2)

    Development plan.

    a.

    An applicant shall file a petition with the administrative officer for approval as a planned unit development. This application shall be supported by a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both existing and proposed.

    b.

    The following information shall be presented:

    1.

    A general location map;

    2.

    Existing topographic conditions, including contour intervals of no more than four feet based on field surveys or photogrammetric methods;

    3.

    The existing and proposed land uses and the approximate location of all buildings and structures;

    4.

    The approximate location of existing and proposed streets and major thoroughfares;

    5.

    The approximate location of all existing and proposed utilities, including a preliminary utility and drainage plan;

    6.

    The present zoning pattern in the area;

    7.

    A legal description of the subject property;

    8.

    The location and use of existing and proposed public, semipublic, or community facilities such as schools, parks and open area. This will include area proposed to be dedicated or reserved for community or public use;

    9.

    Perspective drawings of representative building types, except for detached single-family dwellings and their accessory buildings;

    10.

    If a proposed development creates special problems or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:

    (i)

    An off-street parking and loading plan.

    (ii)

    An economic feasibility report or market analysis.

    (iii)

    A traffic study of the area and a circulation plan within the development and to and from existing streets and thoroughfares.

    c.

    The written statement submitted with the development plan shall include the following information:

    1.

    A statement of the present ownership of all land within the proposed development.

    2.

    An explanation of the character of the proposed development, including a summary of acres, dwelling units and gross density by type of land use. The statement shall include minimum standards for floor area, lot size, yard and spacing requirements.

    3.

    Background and history of prior developments of developer and/or applicant.

    4.

    Agreements, provisions and covenants which govern the use, maintenance and protection of the development and any common or open areas.

    5.

    A general statement of the proposed development schedule and progression of unit division of staging.

    6.

    All road rights-of-way shall be constructed according to required minimum sections approved by the county board of commissioners.

    d.

    Approval.

    1.

    An application for approval of a planned unit development will be considered administratively as a petition for rezoning, and will be subject to the procedures established in the zoning ordinance, including the requirements of a public hearing.

    2.

    After review and public hearing, the board of commissioners may disapprove, approve, or approve with modifications, the plan after receiving the recommendation of the county planning commission.

    3.

    If the development plan is approved as submitted, the administrative officer will cause the official zoning map to be changed to indicate the planned unit development. If the plan is approved with modifications, the applicant shall file written notice of consent to the modifications and a properly revised site plan with the administrative officer prior to changing the zoning map. The site plan and supporting information of an approved plan shall be properly identified and permanently filed with the administrative officer. No building permits shall be issued until the development plan has been approved by the board of commissioners.

    (3)

    Building and occupancy permits. The administrative officer shall issue building permits for buildings and structures in the area covered by the approved development plan if they are in conformity with the approved development plan, the development schedule, and with all other regulations. He may issue a certificate of occupancy for any completed building or structure located in the area covered by the approved development plan if it conforms to the requirements of the approved development plan and all other applicable regulations.

    (4)

    Revisions of development plan. Any change in the approved development plan which affects the intent and character of the development, the density of land use pattern, the location or dimensions of streets, or similar changes will be reviewed and approved by the board of commissioners subsequent to receipt of the recommendations of the planning commission. A request for a revision of the development plan shall be supported by a written statement of why the revisions are necessary or desirable.

    (5)

    Revision of zoning approval. Approval of the board of commissioners shall be in effect for at least one year period. However, if no construction has begun within two years after approval of the development plan, or if the applicant fails to maintain the approved development schedule, the approval of the development plan shall lapse and be of no further effect. At its discretion, and for good cause, the planning commission may extend for six months the period for beginning construction for any phase of the project. If the approval of the development plan lapses under this provision, the building inspector shall cause the development to be removed from the official zoning map, file a notice of revocation with the recorded development plan, and reinstate the zoning district and regulations which were in effect prior to approval of the development plan. The planning commission shall be the sole authority to determine if construction has begun.

    (d)

    Use, density and other regulations.

    (1)

    Permitted uses. The uses permitted within the planned unit development shall be primarily residential in character, and may include the following uses:

    a.

    Single-family detached dwelling.

    b.

    Single-family attached dwellings, townhouses, duplexes or similar types.

    c.

    Multifamily dwelling.

    d.

    Churches, schools, community or club facilities, and similar public or semipublic facilities, including recreational.

    e.

    Commercial or retail uses, including offices and clinics provided they meet the following criteria:

    1.

    The location is appropriate in relation to other land uses.

    2.

    The proposed use is designed so that it will primarily serve the planned development.

    f.

    Accessory uses to those listed.

    (2)

    Density controls. The maximum number of dwelling units per acre in residential areas of the planned unit development shall not exceed 6.0 dwelling units per acre. For purposes of this section, density shall be interpreted as the number of dwelling units per gross acre denoted to residential development. Gross acreage shall include, in addition to land area and parcels used primarily for residential purposes, all open space including private lakes reserved for common usage within the planned unit development and held under private or condominium ownership. Gross acreage for residential development shall exclude areas reserved or dedicated for street rights-of-way.

    (3)

    Variance to required densities.

    a.

    The board of commissioners may allow a higher overall density, or a higher density of a particular residential use provided that the applicant can show that such higher density will not be detrimental to the surrounding neighborhood. The board of commissioners shall consider a variance to the required density only after consideration for a specific density by the county planning commission.

    b.

    Land area proposed for common open space may be allocated to a single-family detached, single-family attached, and multifamily use areas in proportion to the percentage of the area of each use to the total area of residential use provided that open space acreage allocated to a use must be reasonably accessible to that use.

    (4)

    Dimensional and bulk regulations. The approximate location of all structures shall be shown on the development plan, subject to minimum lot size, setback lines, lot coverage or floor area, specified in the approved plan. The proposed location and arrangement of structures shall not be detrimental to existing or proposed adjacent dwellings or to the development of the neighborhood.

    (5)

    Perimeter requirements. Unless topographical or other barriers protect the privacy of existing adjoining uses, the board of commissioners, upon the recommendation of the planning commission, may impose one or both of the following requirements:

    a.

    Structure or buildings located at the perimeter of the development shall be set back a distance of at least 100 feet to protect the privacy and amenities of adjacent existing uses.

    b.

    Structures or buildings located at the perimeter of the development shall be permanently screened in a manner which sufficiently protects the privacy and amenities to the adjacent existing uses.

    (e)

    Uses permitted subject to the approval of the planning commission and county commissioners.

    (1)

    All uses permitted under section 56-59.

    (2)

    Multifamily dwelling units.

    (3)

    Church bulletin boards.

    (4)

    Group camp developments of at least ten acres. Such development may include hotels, cabins, country clubs, trailer and tent accommodations, commercial boating facilities, and retail sales, are incidental to the group camp activities. Provided, however, that there shall be a minimum of 10,000 square feet of lot area for each dwelling unit or nonhousekeeping accommodations and that there shall not be less than 20 feet of open space between buildings. Provided that such group camp developments are not used as permanent residential accommodations by any group or member of a group, excepting managers, night watchmen and any other employees of the organization whose duties shall require permanent residence on the premises.

    (5)

    Mobile home parks (defined as more than two units) subject to approval by the planning commission and after public hearing, and final approval by the board of county commissioners.

    (f)

    Control of area following completion.

    (1)

    After completion of a planned unit development, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan.

    (2)

    No changes may be made in the approved development plan except as provided as follows:

    a.

    Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the building and zoning office and the planning commission, provided they are substantially consistent with purposes and intent of the development plan.

    b.

    Substantial change in permitted uses, location of building or other specifications of the development plan may be permitted following a public hearing and approval by the board of commissioners upon receipt of the recommendation of the planning commission.

(Ord. of 8-28-2007(1), § 100)