§ 44-146. PUD eligibility.

The applicant for a PUD must demonstrate all of the following criteria as a condition to being entitled to planned unit development treatment:

(1)

Grant of the planned unit development will result in one of the following:

a.

A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations;

b.

Long-term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations;

c.

Long-term protection of historic structures or significant architecture worthy of historic preservation; or

d.

A nonconforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.

(2)

The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, roads and utilities.

(3)

The proposed planned unit development shall be harmonious with the public health, safety and welfare of the city.

(4)

The proposed planned unit development shall not result in an unreasonable negative environmental impact or loss of an historic structure on the subject site or surrounding land.

(5)

The proposed planned unit development shall not result in an unreasonable negative economic impact upon surrounding properties.

(6)

The proposed planned unit development shall be under single ownership and/or control such that there is a single person, corporation, or partnership having responsibility for completing the project in conformity with this chapter.

(7)

The proposed planned unit development shall be consistent with the goals and policies of the master plan.

(8)

The proposed use or uses shall be of such location, size, density and character as to be in harmony with the zoning district in which it is situated, and shall not be detrimental to the adjoining zoning districts.

(9)

The proposed planned unit development is not an attempt by the applicant to circumvent the strict application of zoning standards.

(Code 1992, § 24-138; Ord. No. 304, § 503, 6-2-2003)