§ 44-148. General design standards.

(a)

All regulations within this chapter applicable to setback, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the planned unit development based upon the zoning districts in which the use is listed as a permitted use. In all cases, the strictest provisions shall apply. Notwithstanding this subsection, deviations with respect to such regulations may be granted as part of the overall approval of the planned unit development. Deviations may be considered, provided there are features or elements demonstrated by the applicant and deemed adequate by the city council and planning commission designed into the project plan for the purpose of achieving the objectives of this article.

(b)

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on the present and future potential surrounding land uses.

(c)

The uses proposed will not adversely affect the existing public utilities, public streets, traffic access, surrounding properties, or the environment.

(d)

The public benefit shall be one which could not be achieved under the regulations of the underlying district alone or that of any other zoning district.

(e)

The number and dimensions of off-street parking shall be sufficient to meet the minimum required of article IX of this chapter, off-street parking, loading and unloading requirements. However, when warranted by overlapping or shared parking arrangements, the planning commission or city council may reduce the required number of parking spaces.

(f)

All streets and parking areas within the proposed planned unit development shall meet the minimum construction and other requirements of city ordinances, unless modified by the planning commission and city council.

(g)

Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

(h)

Efforts shall be made to preserve significant natural, historical, and architectural features and the integrity of the land, including MDEQ regulated and non-MDEQ regulated wetlands or floodplains.

(i)

Thoroughfare, drainage, and utility designs shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.

(j)

There shall be underground installation of utilities, including electricity and telephone unless otherwise permitted by the city.

(k)

The pedestrian circulation system, and its related walkways and safety paths, shall be separated from vehicular thoroughfares.

(l)

Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.

(m)

Where nonresidential uses adjoin residentially zoned or used property outside the proposed planned unit development, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls shall be employed in accordance with section 44-425, landscaping, greenbelts and buffers, and screening.

(n)

The proposed density of the planned unit development shall be no greater than that which would be required for the sum of each individual use (measured by stated acreage allocated to each use) of the development, according to the table in section 44-147, residential and nonresidential PUD standards, and the regulations of the underlying zoning district, unless otherwise permitted by the planning commission and city council.

(o)

The proposed planned unit development shall provide a minimum of 20 percent of the gross site acreage as open space. Gross site area, for the purposes of computing required open space, does not include private and public rights-of-way. Such open space will remain undisturbed and reserved for passive enjoyment of the users of the development, and shall not include retention ponds or other bodies of water, required yards around residential building lots, or other similar features. This open space requirement may be waived by the city council if determined to be not applicable due to the type and character of the development.

(Code 1992, § 24-140; Ord. No. 304, § 505, 6-2-2003)