Chapter 29 ZONING*
Section 29-10 District PUD, planned unit development.
The purpose of t
his district is
to enable innovation and flexibility in design and
to promote environmentally sound and efficient use of land
. The major objectives of a planned
unit development are:
allow for a mixture of housing types and densities located in proximity to each other
) To provide for more usable and suitably-located common
open space and amenities
would otherwise be provided under conventional land development
(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:
a. That not more than five (5) guest rooms shall be allowed.
b. 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.
c. That there shall be no individual room cooking facilities used for the bed
and breakfast stay.
d. That the establishment shall be owner-occupied and managed.
e. That the establishment shall comply with all applicable adopted city fire
and building codes
and shall be inspected for such compliance by the
building and site development
division of the
department prior to an occupancy permit being granted.
f. That only one wall-mounted sign, not exceeding eight (8) square feet in size,
g. That meals may be served only to residents and overnight guests.
Dwelling, one-family attached.
Dwelling, villa, subject to the following design criteria:
(1) Exterior wall materials. Seventy-five percent (75%) of the total net
exterior wall area of
each building elevation, excluding windows, gables, doors, and related trim, shall be brick, stone,
cultured stone, stucco, architectural concrete panels, textured concrete block, fiber-cement
siding, or other similar materials. Exterior walls shall be composed of no more than three (3)
(2) Roof design. Roofs shall be gable, hip, mansard, or gambrel style. Roofs shall have a
minimum pitch of 5:12 (i.e., five (5) feet rise in twelve (12) feet of run). There shall be a
minimum of two (2) roof breaks per dwelling unit (i.e., roofs that turn a corner or change
elevation). Roof materials shall be high quality, durable materials such as, but not limited to
wood shake shingles, clay or concrete tiles, and architectural grade shingles.
(3) Setback variation. The front setback of each one-family attached structure
shall be offset a
minimum of four (4) feet from that of adjacent structures.
(4) Elevation variation. Block frontages shall include at least three (3)
elevation models. Homes of the same model shall not occur on adjacent or opposite lots.
(5) Porches. All dwelling units shall have either a covered porch or a
recessed entry. Covered
porches shall be a minimum of fifty (50) square feet and five (5) feet deep. Recessed entries
shall be a minimum of twenty (20) square feet and four (4) feet deep.
(6) Garages. Garages shall not protrude more than five (5) feet past the
front façade of the
habitable portion of the dwelling.
(7) Architectural elevation renderings for all models of buildings being proposed
submitted at the time of PUD development plan application, which specify the following:
a. Types of exterior wall materials to be used, and the amount (as a percentage
of total wall
area) of total exterior wall area that each material is proposed to cover, including all sides of the
b. Roof pitch and material.
Exceptions. The city council may approve exceptions to the above design criteria when
alternative design standards are proposed by the applicant, which would either meet or exceed
those criteria listed above.
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.
Temporary Shelter, subject to the following.
(1) A zoning petition for a temporary shelter shall include information about
the size and
design of the structure, population groups served, length of stay permitted, maximum design
capacity and support services provided. These items shall be used to determine if the facility
appropriate for the neighborhood.
(2) A temporary shelter shall not be located within one thousand (1,000) feet of another
(3) The minimum lot area for a temporary shelter shall be 7,500 square feet.
If a proposed
temporary shelter structure is larger than 2,500 square feet of gross floor area there shall be
provided an additional 1,500 square feet of lot area for each additional 500 square feet of gross
floor area within the structure.
(4) The shelter shall submit a semi-annual report to the
building and site development
department stating maximum monthly occupancy level and
support services provided by the shelter.
(c) Conditional uses. The following uses shall be permitted in district
PUD only after the
issuance of a conditional use permit pursuant to the provisions of Sec. 29-23:
(1) Buildings and premises for public utility services or public service corporations
buildings or uses the Board deems reasonably necessary for public convenience or welfare.
(2) Home occupations, subject to the criteria listed for home occupations in
except that the home occupation may be carried out by the occupants of the dwelling unit as well
as by one full-time (40 hour) individual or two one-half time (20 hours each) individuals who do
not reside in the dwelling unit and not more than forty percent (40%) of the total floor area of the
dwelling unit and garage shall be devoted to the home occupation. A conditional use permit for
home occupation shall expire three (3) years from the date of approval, after which a new
conditional use permit may be requested.
) Standards and Criteria. The following standards and criteria shall apply to all PUD developments:
(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 street right-of-way requirements as determined by city street standards and the major
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
with up to one decimal place (e.g. 5.5)
which shall indicate the
maximum allowable dwelling units per acre on that particular site.
(5) Building height.
Buildings shall not exceed forty-five (45) feet in height, except that the
applicant may request or the commission may recommend and the council may approve a greater
maximum building height.
(6) Lot size.
Lots shall not be less than 2,500 square feet for one-family detached
dwellings, except that the applicant may request or the commission may recommend and the
council may approve a smaller minimum lot size. No minimum lot size requirement for all other
Yards. There shall be a twenty-five (25) foot setback from all perimeter property lines of
the PUD, except the setback from property lines other than street right-of-way shall be ten (10)
feet for side yards and twenty (20) feet for rear yards when the PUD or portion thereof consists
, one-family attached
or two-family dwellings. The setback is intended to be a
landscaped buffer; however, driveways (but not parking) are allowed. The applicant may request
or 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.
Other minimum setback requirements shall be as follows: front yard abutting a perimeter
street - twenty-five (25) feet; front yard abutting an interior street - twenty (20) feet for a garage
or carport facing the street and fifteen (15) feet for other portions of the building; interior side
yard - five (5) feet; exterior side yard on the street side of a corner lot - fifteen (15) feet; interior
common wall - zero (0) feet; zero lot line - zero (0) feet on one side and ten (10) feet on the other
side; and rear yard - twenty (20) feet. There shall be no setback required from a common area
long as the common area is at least as wide as the required yard. There shall be one (1)
additional foot of interior side yard setback required for each additional foot of height for
buildings over forty-five (45) feet. The applicant may request or the commission may recommend
and the council may approve lesser minimum setbacks.
(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
, except private streets may be permitted under the following conditions:
a. The streets shall be designed, constructed, and maintained
according to any applicable
minimum City standards for private streets;
b. The streets will serve two (2) or more lots or property in
c. The private streets do not provide the only vehicular access
to public streets from other
property located outside the PUD;
d. The streets shall be located in designated common areas which
shall be platted as a separate
lot or lots
e. A notation shall be written on the approved plan and recorded
plat which reads: All
maintenance of the private streets shown on this plat shall be the responsibility of the
homeowners association or abutting property owners. No private streets shall be dedicated to nor
accepted by the City for maintenance until they have been improved to minimum City standards
for public streets.; and
f. The street signs for private streets shall indicate private street
so as to distinguish
them from public streets. Sidewalks shall be required along private streets as they would be
required for public streets, except no sidewalks shall be required on the side of a street without
any dwellings or driveways
Other driveways and pedestrian ways shall be adequate to serve the residents and visitors of the
(10) Parking. The provisions of section 29-30,
off-street parking and loading, shall apply
except the applicant may request or the commission may recommend and the council may
approve a lesser parking requirement if, after considering the proposed use, the availability of
other parking in the area (including parking on public streets) and other relevant factors, it is
demonstrated that a lesser requirement is appropriate. The commission may recommend and the
council may allow some of the required parking to be deferred. This shall be done by noting
such parking spaces on the plan as future parking if needed. The future parking may
within landscaped areas, as long as the landscaped areas are in excess of the minimum area
required to be landscaped. The property owners shall establish additional parking spaces in the
future parking area when directed to do so by the council.
(11) Homeowners association.
shall be established when
to improve, operate and maintain
private common facilities, including
but not limited to
drives, service areas, parking areas and recreation areas.
documents shall be recorded after the final plat is recorded and prior to conveyance of title to any
(12) Screening and landscaping. For PUDs or portions thereof consisting
detached dwellings on individual lots or
-family attached dwellings on individual lots (except
as specified below), the provisions of section 29-25 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
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 is required. The applicant
may request or the commission may recommend and the council may approve modifications in
the screening and landscaping requirements, such as openings in screening buffers for pedestrian
(13) Lighting. The provisions of Sec. 29-30(h)(5) shall apply.
) Procedure for Establishing PUD Zoning:
(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
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 uses proposed.
. The type(s) of dwelling units proposed and any accessory buildings proposed.
. The maximum number of dwelling units proposed and the development density.
. The maximum building height proposed.
. The total number of parking spaces proposed and the parking ratio per dwelling unit.
. The minimum percentage of the entire site to be maintained in open space,
shown by the
and the percent left in existing
. Any amenities proposed, such as swimming pools, golf courses, tennis courts, hiking trails or
. A general description of the plan including minimum lot sizes, if applicable, minimum
building setbacks from
perimeter and interior
, other property lines
and minimum setbacks
The commission and council may require other plans or data as they deem necessary to
accompany the statement of intent.
The statement of intent shall become part of the ordinance
approving the PUD zoning
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
(3) The commission shall then hold a public hearing. After the public hearing,
commission shall forward its recommendation to the council.
The council shall approve, approve with conditions, or disapprove the PUD zoning
request. An ordinance placing property in district PUD shall specify the uses allowed. Prior to a
vote on an ordinance placing property in district PUD that contains conditions, the applicant
shall be given an opportunity to:
a. Accept the conditions; or
b. Request a modification of the conditions; or
c. Request that the application be voted on without conditions;
d. Request that the application be disapproved; or
e. Withdraw the application.
(f) Procedure for Review and Approval of a PUD Development Plan:
) After the rezoning to PUD, the applicant shall submit a PUD development plan,
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 development
plan shall be the same as for the rezoning. After the public hearing, the commission shall forward
the PUD development plan to the council with its recommendations. The council shall take
action to approve, approve with conditions, or disapprove the plan.
As an option, the applicant may submit a PUD
plan along with the petition for
rezoning to PUD and statement of intent, in order to abbreviate the approval process.
) The PUD
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.
The location and maximum height of all buildings. In the case of one
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
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 perimeter setback
and other building setbacks
m. Signature blocks for commission and council approvals on all exhibits considered
showing the areas to be landscaped or preserved, the general
types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the percent
of the total site to be landscaped or preserved. A landscaping plan (including any tree
preservation areas) which complies with the requirements of Section 29-25 and Chapter 12A may
be submitted with the PUD development plan or at the time of application for a land disturbance
or building permit.
o. The phasing of structures, streets and amenities within the development.
p. A conceptual stormwater management plan showing critical
environmental areas such as
streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable;
utilities and drainage structures; proposed stormwater management facilities and structures; and
the location, type and approximate size of any proposed on-site detention and specifying the
design storms that will be met. A stormwater management plan which complies with city
requirements, including Chapter 12A, may be submitted with the PUD development plan or at
the time of application for a land disturbance or building permit.
) In addition to meeting the requirements stated in paragraph (
) above, the PUD
plan shall adhere to the objectives set forth in paragraph (a), Purpose, and
paragraph (d), Standards and Criteria.
) Approval of the PUD
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
plan. Such variances shall be considered along with commission and
council review of the plan.
) 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.
) From and after five (5) years following the date of approval of the PUD
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
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.
) Minor changes to an approved PUD development plan may be authorized by the
development, but in no case shall the director be obligated to approve such
changes. Such changes shall not constitute a substantial deviation from the approved PUD
In determining whether or not the change is a substantial
deviation from the approved PUD
development 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
) Changes, other than those considered minor by the director of
be submitted to the commission for a public hearing. The public hearing shall follow the same
procedures outlined herein for a PUD development plan. After the public hearing, the
commission may approve the revision to the PUD development plan. If, however, the change is
considered by the commission to be a substantial deviation from the PUD development plan or
the statement of intent, the commission shall forward the proposal to the council. The council
shall approve, approve with conditions, or disapprove the proposed revision.
(g) Simplified PUD. An application may be submitted for a simplified
provided the application complies with the following conditions:
(1) Uses shall be limited to permitted uses in District R-1.
(2) The height and area regulations in District R-1 shall apply, except that
the minimum lot
size shall not be less than 5,000 square feet; the minimum lot width at the building line shall not
be less than fifty (50) feet; and the minimum front yard and rear yard setback shall not be less
than twenty (20) feet.
(3) The requirements of subsection (c) are complied with, except as specified
above for lot
size, lot width and front and rear yard setbacks, and unless a specific exception is requested and
approved by the council.
The procedure for establishing PUD District zoning under this subsection shall be the same
as herein provided, except that a PUD development plan shall not be required. A preliminary
plat and final plat shall be submitted as provided by the subdivision regulations.
) 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.
) 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; Ord. No. 16816, § 1,
Ord. No. 18464, §1, 4-4-05;
Ord. No. 19343, § 3, 1-2-07;
Ord. No. 20181; § 1, 2-2-09
; Ord. No.
20237, § 1, 4-20-09
; Ord. No. 21095, § 13, 9-19-11)
Editor's note - Ord. No. 20181, § 1, adopted February 2, 2009, which amended section 29-10
above, shall be in full force and effect from and after March 1, 2009.
(Ord. 21095, Amended, 09/19/2011, Prior Text; Ord. 20237, Amended, 04/20/2009, Prior Text; Ord. 20181, Amended, 02/02/2009, Prior Text; Ord. 19343, Amended, 01/02/2007, Prior Text; Ord. 18464, Amended, 04/04/2005, Prior Text; 16816, Amended, 03/05/2001, Prior Text; 15591, Amended, 05/04/1998, Prior Text)