HomeMy WebLinkAboutORD 3051 , . , ;� � � , , .
. 3
`'+� � '• Amended by Grdi�ance I•do. 3091 ,
. , ,. , ��'
` 31.04, 4039 ' ` "
CITY 0�` RENTON, WASHINGTON
ORDINANCE N0. 3051
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
ESTABLISHING AND CREATING A "PLANNED UNIT DEVELOPMENT
ORDINANCE" TO B� HEREINAFTER ICNOWN AND DESIGNATED
AS THE "RENTON PLANNED UNIT DEVELOPMENT ORDINANCE" AS
CHAPTER 27, TITLE IV (BUILDING REGULATIONS) OF ORDINANCE
N0. 1628 KNOWN AS THE "CODE OF GENERAL ORDI1�iANCES
OF THE CITY OF RENTON" REGULATING THE USES PERMITTED
DESIGN, STANDARDS, PROCEDURES , AND PRESCRIBING PENALTIES
FOR THE VIOLATION THEREOF.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO
HEREBY ORDAIN AS FOLLOWS :
SECTION I : Title. There is hereby established and
created a "Planned Unit Development Ordinance" to be hereinafter
known and designated as the "Renton Planned Unit Development Ordinance"
and may be cited as such. Hereinafter the Ordinance will be referred
to as "the Ordinance" and the same shall be and constitute Chap,ter
27, Title IV (Building Regulations) of Ordinance No. 1628 known
as "Code of General Ordinances of the City of Renton" .
SECTION II : Purpose. It is the purpose of this Ordinance
to encourage innovation and creativity in the development of new
residential, commercial. and industrial areas in the City of Renton.
The City of Renton contains substantial acreage appropriate for
residential, commercial and industrial development. In order to �
make optimum use of these areas , to create desirable neighborhoods
for family and community life, to encourage employment opportunities
and a viable tax base� that will be an asset to the community, to
take into account special conditions of topography and soil stability
and to make maxi�um use of new cancepts and technology of land
development and building construction, and to carry out the objective
and spirit of the Renton Comprehensive Plan, it is the purpose
of this Ordinance to encourage new development not limited by the
strict application of the City's zoning and subdivision regulations .
To promote the purpose of this Ordinance, this Ordinance will be
administered under the special permit procedures as detailed
hereinbelow.
-1-
coverage permitted in the zone in which the project
is located.
M. Encourage and permit flexibility in design, placement
of buildings , use of open spaces , circulation facili-
ties , parking areas , and to best utilize the potential
-2-
• ' • , � • ... • � � � ` � ' I
More specifically, it is the purpose of this Ordinance
to:
A. Encourage development of a variety of housing types.
B. Encourage the development of a viable economic base
that enhances the image of the City.
C. Create and/or preserve usable open space for recreation
and aesthetic enjoyment of residents and employees .
D. Preserve as much as possible the natural characteristics
of the land, including topography, native vegetation
and views.
�. Avoid construction in hazardous areas .
F. Preserve and/or create wildlife habitat.
G. Encourage creativity in design.
H.: Provide for maximum efficiency in the layout of streets,
« ,
. utility networks , and other public improvements.
, ' .I.. Provide a guide for developers and city officials
' 'swho � review and approve�residential, commercial and
industrial developments meeting the standards and
+ � � �
purposes of this Ordinance.
J.� Encouraq�e the development of uses that will be
� , .
. ,
compatible with adjacent existing and proposed
uses and that will be beneficial to the community.
K. Al1ow development of large tracts of property I
in phases over an extended period� of time.
L. Encourage flexibility that will permit a more
creative approach to the development of land and will
result in a more efficient, aesthetic and desirable
use of open area, while at the same time, maintaining
substantially the same population density and area
coverage permitted in the zone in which the project
is located.
M. Encourage and permit flexibility in design, placement
, of buildings , use of open spaces , circulation facili-
ties arkin areas and to best utilize the otential
► P g ► P
-2-
. . . .�. � :�;� , � , ' � � �
i
� of sites characterized by special features of
geography, topography, size or shape or proposed
uses of land.
SECTION III: Definitions. For the purpose of this
Ordinance, certain terms , phrases , words and their derivatives shall
be construed as specified in this section. Worc�s used in the singular
include the plural, and the plural the singular. The word "shall"
is mandatory; the word "may" is permissive.
1. Open Space. A parcel or parcels of land or an area
� �
of water or" a �combination of land and water within the site designated
„
for a Planned Ufiit Development, which are without above ground
�
structures or buildings of any riature� whatsoever, and which shall
include but not be limited to landscaped areas , garden areas ,
lawns and other 'undeveloped "areas.
2. Common Areas. A parce_1 or parcels of land or an area
, � . . . .
of water or a comb�.nat%on of land and water within the site designated
for a Planned Unit Development and designed and intended for the
use or enjoyment of residents and employees of a Planned Unit Develop-
ment. Common areas may contain such complementary structures and
improvements as are necessary and appropriate for the benefit and
enjoyment of residents and emplcyees of the Planned Unit Development.
3. Developer. A person, partnership, joint venture,
or corporation who proposes to develop or has developed a Planned
Unit Development, pursuant to this Ordinance.
4 . Property Owners ' Association. An incorporated, non-
profit organization formed or qualified under the laws of the State
of Washington, operating under recorded land agreements through which
(a) each land owner is automatically a member, (b) each land owner
is automatically subject to a charge for a proportionate share of I
' the expenses for the organization' s activities , such as maintaining
common areas and facilities , and (c) such charge, if unpaid, becomes
a lien against the property of the land owner.
-3-
• • . .��. . T �•' t r , � � .
5. Industrial Development. Any Planned Unit Development
designed and intended primarily for industrial uses which shall include,
but is not limited to, office, warehouse and manufacturing uses.
6 . Land Owner. The legal or beneficial owner or owners
of all the land proposed to be included in a Planned Unit Develop�
ment; a contract purchaser or any other person having an enforceable
proprietary interest in such land shall be deemed to be a land owner
for the purpose of this Ordinance. �
7 . Legal Ownership. The proprietary interest of a land
owner as defined above.
8. Planned Unit Development. Any development approved II
and developed in accordance with the terms of this Ordinance, in-
cluding a subdivision of such land, which development may occur at
one time or in phases.
9. Residential Development. Any Planned Unit Development
designed and intended primarily for residential use regardless of '
the type of building in which such residence is located; i.e. , ;
conventional single family residences , town houses , duplexes , �
fourplexes, multi family structures, or apartments , but excluding '
mobile home �parks . ,
, . ; �
10 . Commer�ial Development. Any Planned Unit Development I
designed for commercial purposes which shall include, but not be i
limited to, offices , hotels , restaurants , boat moorages, and marinas ,
banks, •multi-family housing and similar uses . A commercial Planned
� .
Ur�it Development shall permit the development of property for
any purpose or combination of purposes allowed under the underlying
zoning. . ' .
11. Multiple PUD. A planned unit development wherein there
will result a mix of several types of authorized land uses or
developments which might be otherwise impermissible or an "accessory"
use under the zoning then in existence with respect to each separate
phase or parcel within the Planned Unit Development area. i
SECTION IV: Administering Authority.
1. Official Agency. The Planning Commission is designated I
-4-
as the official agency of the City for the conduct of public
hearings; and the Planning Department is responsible for the general
administration and coordination of this Ordinance.
2 . Reviewing Agencies . The Planning Department, the
Public Works Department, the Fire Department, and the Seattle-King
County Health Department shall review �ach proposed Planned Unit ,
Development.
3. Approving Agency. The City Council, upon recommenda-
tion by the Planning Commission, the Planning Department, and the
other agencies detailed in the paragraph above shall be the final
approving agency under this Ordinance.
� ,
SECTION V: Compliance with Purpose of Ordinance. In
addition �to compliance with the purpose of this Ordinance and the
Comprehensive Plan, any app�licant for Planned Unit Development approval
e shall h'ave the burden� of• demonstrating that a development shall
achieve public benefit as �a result of an deviation from underlying
�
zoning regula.tions through creation of open space or public facili-
ties, cons�ervation, provision of services or needed facilities or
, . •
otherwise.
SECTION VI : Planned Unit Development Superimposed. The I
final approval af a Planned Unit Development, under the procedures '
detailed in this Ordinance, shall superimpose the requirements of
that specific approved Planned Unit Development on the underlying
zone regulations as an exception thereto, only to the extent that
• the requirements of the Planned Unit Development modifies or super-
sedes the regulations of the underlying zone.
SECTION VII: Where Permitted. Planned Unit Developments
shall be permitted in any zone within the City, including all resi-
dential zones, multi-family residential zones , business zones,
and industrial zones; provided, however, only a residential Planned
Unit Development shall be allowed within or contiguous to a single
family residence zone.
-5- �
� . . . , � . ,� * • . , ` ' , ^ ,
. . .
, r
I ' •
� � SECTIQN'•tTIII: 'Mini�.um Site Area. �
• �
� l. Undeveloped Land. A Planned Unit Development to be
applied to property no� 'impraved with permanent building �tructures I
�
shal.l consist of at ieast �our (4} acres of land exclusive of street
right-o�-wayAwhich may be .requi.recl for widening existing or officially I
planned streets or roads which the parcel of land abu�s and exclusive
of land under water.
2. Developed Land. A Pl.anned Unit Development to be
applied to praperty improved with permanent building structures
shall consist of at least one {Z) acre of land exclusive of street
right-o�-way which may be required for widening existing or officially
planned streets or roads which the parcel abuts, and exclusive of
land under water, provided all existing dwelling units and all other
structures are demolished or removed from the sitel or rehabilitated
to confarm to a11 current City cades and ordinances . Said demolition,
removal or rehabilitation may occur during the course of the Planned
Unit Development, upon the prior approval af the �ime table far said
demolition, removal or rehabilitation by the appraving agency.
� SECTION I�: Standards and Criteria.
l. Design Standards and Procedures . I
A. Subdivisian Requzrements. A Planned Unit Develop-
ment sha11 abide by the special permit procedures. I� land or
structures within a proposed Planned Unit Develapment are to be sold
� ta more than {1} person, partnership, firm or corpora�,ion or are
to include �he dedicatian af land, then the prapased Planned Unz� i
Development shall be subject to the �hart or major subdivision
proceedings in addition to the requirements of this Ordinance. A I
I Planned Unit I�evelopment shall be exempt from the specific design I
requirements af the Subdivisian 4rdinance.
B,. Zoning Requirements. A Planned Uni� Development
shall be exempt from the minimum lbt size and setbacks af the Zoning
« -
Ordinance: � fihe minimum lot size requirements of �he residential
.
, �• ` � r-6- " " '
,� , . .
. . .� • � 'y . • ' . * > . ' � .
. � 4 y � '` K . .
zones shall serve as the criteria ta determine Planned Unit Develop-
ment densities •.when the Planned :Unit Develapment is develaped in
a residential zane.
2. Open Space Required.
A. Open �pace. Each Planned Una.t Development shall
provide not less than thirty five (35�) percent af the net developable
area for open space. For the purpose b� this 4rdinance "net develop-
able area" shall mean the gross area of the P3anned Unit Development
less right-af-way for streets far widening of abutting city stree�s
and thoroughfares, less twenty (2Q�) percent of the gross area for
additional streets and internal circulation in a development, plus
one hundred fz.fty (15Q�} percent of substandard floor area to be
demolished ar removed as part af the proposed project.
Open space may be designed to provide either active
or passive recreation or to provide a wildlife habitat.
B. Residential Open Space. Usable open space, iri
addition ta parking and storage space, shall be provided for each
dwelling unit in a Planned Unit Developme�t whose primary purposes
are residential as follaws:
(1} For sing�l.e family structures at graund level,
detached or attached, private apan space contiguous to the dwelling
unit shall be at ground level and sha11 be equal to a minimum of
twenty (20g) percent of the site covered by the dwelling unit.
Such open space shall not be less �han five hundred {500} square
feet per unit.
(2� All other dwelling units shall be provided
open space of not less than five (5%) percent of the gross square
footage of the dwelling unit. Such open space shall nat be less
than one hundred {1'00} square feet.
t �
' � � : C._ Setback fron� R-1 Zanes. Whenever a Planned Unit
Deve].opment shall abut or beAcontiguous to a developed R-1 zoned
" t • , � . i
'area, then any buil'ding or ,structure in the Planned Unit Develop- i
ment shall be setbaek. at least twenty five {25 ' ) feet from the inter-
s . , . �. -7-
���
I . • , ` ,• � . ' � # , � �`r A , � , • ,
' r � . .
i i
�
� face be�v�een the R-1 developed zone and the Planned Urii� Develop- I
D � r
� ment. Such twenty five �oat setback shall be open space, and sha11 I
n ot be utila.ze�d f,or parking, streets, playgrounds or other intensive
I '
uses, but such twenty five faot setback shall be landscaped as herein-
belaw described and maintained as a common area and open space.
D. 5etback and Height Limitations Adjacent to Single
Family Residential Zones . Any s�.ructure with'in one hundred (100}
feet of a developed single family zone shall be a single family
residence of not more than twenty-five feet (25 ' ) in height, and
shall be limited to a single family residence within �hat vertical
heigh�. '
3. Residentia3 Dwelling Uni� Density. Dwelling unit
density shall be no greater than allowed by the underlying zone
except as modified for develaped land as defined herein by Section
� 2 . In determining the dwel.ling unit density, the gross area
of the Planned Unit Develapment shall be cansidered, less right-af-way
for stree�.s for widening of abut�ing city streets and thoroughfares,
less twenty (20�) percent of the gross area for additional �treets
and internal circulation in a development, p1.us oMe hunt�red fifty
{150�} p������ af substandard floor area to be demalished or removed
as part oi the proposed project. {as defined in Section VIII 2.
hereinabove. )
4 . Special Areas.
A. t�ater. Planned Unit Developments which include
any shoreline of natural lakes, rivers and other wa�erways shall be
governed by the requirements of Section 9-1I07 of the City Code
entitled "Resi.dential Subdivision af First Class Shorelands" and
"Shoreline Master Pragram" ,
B. S�eep Slope. Planned Unit Developments in areas
. i , F
exceeding ten {10�} pe`rcent° slope shall be subject �o special review
by the Plannirig °Comz�issi.on and the Public Works Department to assure
i - " ,'
stable building conditions,� safe and convenient access, and minimum
disruption di the natizral physi"cal. features of the land. The Public
.. , , ,
Works Department may require the applicant �to furnish a report by a
,
1'icensed ,engineer to evaluate the si�e,
�x.
, . _8�
C. Geologic Hazard or Flooding. Development of areas
on or near sites where land slides or flooding have been known to
occur or may reasonably be expected to occur shall be subject to
Section 9-1108 . 18 of the City Code ent�tled "Plat Improvements and
Development Standards" .
5. Landscaping of Common Open Space.
A. Installation. All common area and open space
shall be landscaped in accordance with the landscaping plan submitted
by the applicant and approved by the City. Prior to the issuance
of any building permit, the developer shall furnish a performance
bond to the Ci�ty in an� amount equal to a minimum of one hundred
fifty (150�) percent o� .the cost of the installation of the approved
, , . ,
landscaping, which shall be p�lanted within one (1) year of the date
of final approval of the.�Planned .Unit Development, and the maintenance
� . �
of such landscaping for a period� of�'three (3) years thereafte�r.
A bond for., providing maintenance of landscaping may be waived if a
copy of a Mainteriance Contract for the landscaping through a reputable
landscaping firm licensed to do business within the City of Renton
is kept on file, for this three year period and the contract is kept
active, or an acceptable substitute is provided.
B. Maintenance. Landscaping shall be maintained by
the Property Owners ' Association or the owner of the Planned Unit
Development, or the agent or agents thereof and shall be subject to
periodic inspection by the City.
6. Deferred Improvements. Certain improvements may be
deferred as specified in Section 9-1108 . 21 of the City Code entitled
"Plat Improvements and Development Standards" .
7. Access . The Planned Unit Development shall have
adequate pedestrian and motor vehicle access commensurate with the
, location, size and density of the proposed development. Motor
vehicle access shall not be unduly detrimental to adjacent areas and
shall take into consideration the anticipated traffic which the
a
development may gener te.
-9-
I
SECTION X: Procedure for Approval of Planned Unit
Developments. The approval of a Planned Unit Development shaii be by
the City Council, upon recommendation by the Planning Commission,
and shall be processed in accordance with the following procedures:
1. Who May Apply. Any owner or group of owners of
contiguous property acting jointly may submit an application for a ��
Planned Unit Development.
2 . Documentation Required with Application. A Planned
Unit Development shall be initiated by a preliminary plan filed
by the Developer with the Planning Department, which application shall
be in such form as shall be prescribed by the Planning Department
and shall inc�lude the following:
, ,
. A. Vicinity Map. A vicinity map drawn to an appro-
priateascale which shall show all adjacent subdivisions, true north
arrow, type of existing land use, ,�zoning, streets , and tract lines
� .
� , <
" of acreage: parcels with the names• of owners of record. The map shall
show the streets in the proposed Planned Unit Development and their
relationship with existing and proposed streets in adjacent sub-
divisions or undivided properties.
. � � ' � . .
B. Site Maps . A map or maps of the site drawn to a
scale of not less than one (1) inch representing forty (40) feet
showing the following proposals :
(1) Names and dimensions of streets bounding or
touching the site.
(2) Pedestrian and vehicular circulation patterns.
(3) Buildings, including identification of types
and number of dwelling units in each or use of building.
(4) Dimensions between buildings . I
(5) Off-street parking facilities .
� (6) Areas to be landscaped.
(7) Existing surface drainage system.
(8) Locations, dimensions, and area of common
and private open space.
(9) The information listed in Section 9-1106 . 2 .I. (2)
-10-
� . " , I
th�ough 9-'iLD.b,2.2 (11) of the City Code entitled Tentative, Pre-
liminary and Final Plat Requirements" .
.
, � ' (10) Any other pertinent information required to
s
review the �Planned Unit Development.
, . C. Landscaping Plan. ' A landscaping plan at a scale
of one (1) inch representing ten (10) feet or twenty (20) feet in-
dicating planting bed dimensions; north arrow; plant layout and identi-
fication plant list; size and spacing of polants and irrigation.
xD. 'Building Elevations. Elevation or perspective
drawinas to scale to illustrate the architectural character of
structures .
E. Written Information. In addition to the information
noted above , the developer shall submit a written statement with
the necessary illustrations providing the following information:
(1) Program for development, including staging or
timing of development.
(2) Proposed ownership pattern upon completion
of development.
{3) Basic content of restrictive covenants .
(4) Provisions to assure permanence and maintenance
of common open space through Home Owners ' Association formation,
condominum development or other means acceptable to the City.
(5) Statement or tabulation of dwelling unit
densities proposed or number of anticipated employees .
(6) Statement describing the• relationship of the
proposed Planned Unit Development to the City' s Comprehensive Plan.
3. Filing of Application. The application for preliminary
approval of the Planned Unit Development shall be filed with the
Planning Department accompanied by a base fee of $250 .00 , plus
$20. 00 per acre, with a maximum fee of $1,000 .00 . For the purpose
of the fee, a fraction of an acre shall be considered a whole acre.
Any fees required by the Subdivision Ordinance shall be paid at the
time of the appZication. In all other respects the processing of
the application and the submission of information for Preliminary
� ,
�
� -11-
. , ;
� ,
r
t _ i . E . .
. �
Planned Unit Development shall be the same as that required by
, ° 4
the Subdivision �Ordinance, except that the time limitations of
Sections 9-1106 . 2G and 9-1106 .2H do not apply.
4. Informational Meetings . Prior to making application
for preliminary approval, the developer shall meet with the review-
ing departments to study and review the proposed Planned Unit Develop-
ment. The developer shall prepare and submit to the Planning Depart-
ment six (6) copies of an application with vicinity and site maps
containing the information required in Section X 2 . above, together
with other pertinent information required by the reviewing departments.
The maps may be reasonably accurate sketches . A fee of Fifty ($50 . 00)
Dollars shall be submitted with the application.
• 5 . Preliminary Plan. A preliminary development plan
shall be submitted to the Planning Department and shall include the
general intent of the development, apportionment of land for build-
ings and land use and such other information or documentation which
the Planning Department shall require . The Planning Department
shall determine that the plans comply with the development policies
of the Renton Comprehensive Plan and this Ordinance. The Renton
City Council, upon recommendation of the Planning Commission, shall
approve, modify, or deny the Planned Unit Development Preliminary
Plan.
6 . Final Plan. The Developer shall, within one (1)
year of approval by the City Council of the Preliminary Plan, submit
to the Planning Department, a final development plan showing the
ultimate design and specific details of the proposed Planned Unit
Development or the appropriate phase or phases thereof. The City
Council, upon recommendation of the Planning Commission, shall
approve, modify, or deny :the final plan. Upon application by the
Developer, the Planni.ng 'Depar�ment may grant an extension for a
� � � .
, � ; ,
maximum of twelve (12) additional months . If the final development
plan is not �iled within such one .(1). year or within the extended
� ' �
� � .
time period; if any, � the Planned Unit Development shall become void.
�7. ,Expiration of Unapproved Preliminary Plans . The
� + � '
' r� a -12-
�
1 � '
/ " . i
I ` , ' � r I
preliminary plans shall be approved within eight (8) months from
the date •o;f. filing or the application shall be null and void. The
4
Planning Commission may grant one (1) extension of up to four (4)
months upon proper a.pplication by the Developer. To revitalize the
plant, it shall be resubmitted as a new Preliminary Plan. In the
event, however, the applicant is diligently pursuing other govern-
mental approvals and permits, and upon proof for excuse for delay,
either by the applicant or such governmental organizations, an
extension of time, of a period to be determined by the Planning
Department, may be granted, not to exceed six (6) months. Only one
such extension shall be granted.
8 . Expiration of Approved Preliminary Plans .
A. Small Planned Unit Developments . For Planned
Unit Developments less than fifteen (15) acres in area, the Developer
shall complete the approved Planned Unit Development within two (2)
years from the date of approval of the Final Plans unless the City
Council designates a shorter time. Upon proper application by the
Developer including the payment of a fifty ($50 .00) dollar fee, and for
good reason, the Planning Commission may grant one (1) extension of
not more than one (1) year. The request for an extension of time
shall include the reasons why the extension is needed, a revised
time table for completion, and any other pertinent information the
Planning Department or the Planning Commission deems necessary.
B. Large Planned Unit Developments . For Planned
Unit Developments of fifteen (15) acres in area or greater, the
Developer may request the Planning Commission to adopt a master
plan for the entire Planned Unit Development. The master plan
shall consist of, but is not limited to, proposed uses , densities ,
' common areas and open space, landscaped areas , major circulation
patterns, 'phasing, ownership� and restrictions. For the master plan
to remain valid, •the Developer shall complete each phase according
y . i
1
� to the time limitations� �stablished in A above (Small Planned Unit i
." Developmerits) . Upon �proper application by the Developer, including �
. , r , . ,
a fifty (�50. 00) dollar fee, and for good reason, the Planning
� ,
- . � -13-
• � . ;
' ;
Commission may grant one (1) extens�.on of not more than one (1)
year. The request for an extension of time shall include the reasons o
why the extension is needed, a revised time table for complet�.or��:;>:
and any other pertinent information the Planning Department or the
Planning Commission deems necessary.
9. Abandonment of Incompleted Project. Upon the abandon-
ment of a particular project authorized under this Ordinance or
upon the expiration of the final approval of a Planned Unit Develop-
ment which has not been completed, the authorization shall expire and
the land and the structures may be used only for a lawful purpose
permissible within the zone in which the Planned Unit Development
is located.
A. .. Abandonment Defined. Abandonment for the purpose
of this section shall mean the failure and neglect of the Developer
to diligently pursue the project and the improvements incidental
thereto, after final approval by the City Council for a period of
six (6) months from the date of such approval unless the City Council
designates a different time period. .
B. Open Space and Underlying Zone Requirements . In
the event any structures, improvements or facilities have been cons-
tructed, or construction therefor has commenced, and completion
therefor has been abandoned as hereinabove defined, and the full
plan is not being implemented, then in any such case, the open space
requiremerits .as ` set forth ,in Section IX , and as set forth in any
approved "preliminary plan" , shall be adhered to in connection with
any further approved `a�'e"v�e�l.opm�ent,furthermore, if all of such improve-
ments and facilities are completel� removed, then the requirements
af the applicable zone shall be controlling.
� ; C. Occupation of Structure. Any finished structures
w • ° _
or facilities ; short of full implementation of the approved plan,
may be occupiedtupon the issuance of a special permit by the Planning
Commission, together with such conditions , covenants or other terms ,
in order to assure compliance with the requirements of Section IX
and/or any other applicable provision of this ordinance and the
-14-
I
� . � , . � , �
City' s zoning code.
10 . Sale of Planned Unit Development. If a Developer sells �'
the parcel or a portion of the parcel after preliminary approval,
such sale shall not prevent final approval of the Planned Unit
Development, providing that any succeeding owner agrees to comply with
the requirements of this Ordinance, and any and all conditions or
covenants that have been established, upon proper application to the
Planning Department,° which app�ication shall include a fifty ($50 .00)
dol lar f ee. �. ,� ' q
SECTION XII: Building Permits .
� 1. ��rBuilding and othe�' permits shall be issued for con-
s ,
struction in Planned Unit Development areas only in accordance with
the preliminary plan and program elements of the preliminary plan
as approved by the City Council.
SECTION XIII : Minor and Major Adjustments after Preliminary '
Approval .
1. Minor Adjustments. Minor adjustments may be made
and approved by the Planning Department when a building permit is
issued. Minor adjustments are those changes which may affect the
precise dimensions of buildings and the location of buildings, but
which do not affect the basic character or arrangement of buildings ,
the density of the development, or the open space requirements.
2. Major Adjustments . Major adjustments are those which
substantially change the basic design, density, or open space re-
quirements of the Planned Unit Development. When such change con-
stitutes a major adjustment, no building permit shall be issued
without a review and approval by the Planning Commission of such
� adjustments.
SECTION XIV; Relationship of This Ordinance to Other
Ordinances. 4Vhere provisions of this Ordinance are in conflict
with provisions of the Zoning Ordinance of the Subdivision Ordinance
-15-
, , � . � .
� , • _ ,
the requirements of this Ordinance shall prevail, except that the
procedural requirements to be followed shall be those of the Special
Permit Process.
SECTION XV: Exceptions . The Planning Commission may
recommend to the City Council an exception from the requirements
of this Ordinance when, in its opinion, undue hardship may be created
� as a result of strict compliance with the provisions of this Ordinance.
In recommending any exception, the Planning Commission may prescribe
conditions that it deems necessary to or desirable for the public
interest. No except'ion shall .be recommended unless the Planning
Commission finds :.
A. That there are- special physical circumstances or
conditions affecting said property such that the strict application
� , " _ .
of the provis�ions .of this. ,Ordinance �would deprive the applicant of
the r'eason�able use or development of hi5 land;
B. � That the exception is necessary to insure such property
the rights and privileges enjoyed by other properties under similar
circumstances; 'I
C. That the granting of the exception will not be detri-
mental to the public welfare or injurious to other property in the
vicinity.
Application for any exception shall be submitted in writing
by the applicant at the time the application for Preliminary Approval
is submitted to the Planning Department. The application shall
state fully all substantiating facts and evidence pertinent to the
request.
SEC�ION XVI: Liability.
1. City Not Liabl�. This Ordinance shall not be construed
to relieve or lessen the responsibility of any person owning, build-
. ing, altering, or. constructing any Planned Unit Development in the
City for damages to anyone injured or damaged either in person or
property by any defect therein; nor shall the City, or any agent
thereof, be held as assuming such liability by reason of permit or
-16-
.
, . . � .
. . � ,� , • . . ,
.
inspection authorized herein or a certificate of inspection issued
by the City or any of its agents.
SECTION XVII : Severability. If any part or portion of �
i
this Ordinance is determined to be unconstitutional by a court of i
competent jurisdiction, such determination shall not affect the i
remainder of this Ordinance.
SECTION XVIII : Penalty. It shall be unlawful for any
person, firm or corporation to construct, enlarge or change any
land or Planned Unit Development in the City or cause or permit
• • �
the same to be done contrary to or in violation of any of the pro-
visions of this .Ordinance. _ Any person, firm or corporation violating
, r
any of the provisiohs of this Ordinance shall, upon conviction,
be dee�ed guiity of a�;misdemeanor,, and each such person shall be
deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this
Ordinancetis committed, continued or permitted; and upon conviction
of any such violation such person shall be punishable by a fine of
not more than five hundred ($500 . 00) dollars , or by imprisonment
for not more than ninety (90) days , or by both such fine and imprison-
ment.
SECTION XIX: Effective Date. This Ordinance shall be
effective upon its passage, approval and five days after its publi-
cation.
PASSED BY THE CITY COUNCIL this 2nd day Of August , 1976 .
�X,��,�� � � ���%��.
Delores A Mead, City Clerk
APPROVED BY THE MAYOR this2nd day of �u�.ust , 1976
`' � L��t? ,.�'! T !� ' ���
� �'��
Charles ��,/ Delaurenti, Mayor
�/
I�I Approved as to form:
I
� ��
� �
Ge�'ard M. Shel�an, City Attorney
Date of Publication: g-6-76
-17-