§ 50-904. General requirements.  


Latest version.
  • (a)

    Minimum area. Under normal circumstances, the minimum area requirements to quality for a planned unit development shall be 20 contiguous acres of land.

    (b)

    Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In case of multiple ownership, the approved plan shall be binding on all owners.

    (c)

    Permitted uses. All uses within an area designated as a planned unit development shall comply with the following provisions and the approval of the project concerned:

    (1)

    Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this division. In keeping with the objectives found in section 50-903, the developer must demonstrate that he is reaching as broad an economic market as possible, and the absence of any but middle income housing and higher in the proposed development shall be considered grounds for disapproval of the application. In making these determinations, the planning board shall consider the size of the site, its location with respect to community services and facilities, transportation and areawide market surveys as are available from several sources in the county. Developers are further encouraged to avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.

    (2)

    Commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. All proposed planned unit developments shall provide clustered development and shall document a high percentage of internal capture of vehicle trips through an appropriate mix of land uses. As used in this subsection, the term "internal" specifically excludes access to nonhighway oriented commercial development directly from or to any arterial road as functionally classified by this plan, and it is intended that the majority of commercial development in a planned unit development will be centrally located relative to the boundaries of the proposed development.

    (3)

    Customary accessory uses. Accessory uses such as private garages, storage spaces, recreational and community activities, churches and schools shall also be permitted as appropriate to the development.

    (d)

    Intensity of land use. In all zoning districts except F/RR (forestry, rural residential) and A/RR (agricultural, rural residential), the gross density of a planned unit development shall be no greater than as provided by schedule 2.

    (1)

    Within a planned unit development, clustering and increased building heights may be utilized to increase the amount of open space.

    (2)

    Within existing F/RR and A/RR districts, the planned unit development process shall serve as an incentive to developers to retain continued agriculture and open space uses by providing density bonuses. These bonuses may be utilized to increase the gross density, with the density increases directly related to increases in the percentage of gross land area reserved for agricultural and open space use. The density bonuses are presented in schedule 3, schedules 4 and 5 in this subsection show, for various parcel and development sizes, the gross units allowed for F/RR and A/RR zones, respectively.

    (3)

    To qualify for bonuses pursuant to this section, agricultural and open space lands must be under unified control, and, they must be platted and designated on the plat for continued unified control. As used in this subsection, the term "unified control" means a single owner of record.

    (4)

    That portion of a planned unit development which has contributed density bonuses may not contribute density bonuses to any other properties in the future, and may not be subdivided or otherwise developed except for uses which are accessory to the principal use.

    SCHEDULE 3
    DENSITY BONUSES FOR AGRICULTURAL LAND CONSERVATION F/RR AND A/RR ZONING DISTRICTS

    Zoning District Planned Unit Development Density Bonus
    F/RR One additional dwelling unit per ten acres of land designated for continued commercial forest use.
    A/RR One additional dwelling unit per five acres of land designated for continued commercial farming use.

     

    SCHEDULE 4
    A FORESTRY PUD IN LEVY COUNTY THE NUMBER OF DWELLING UNITS PERMITTED IN AN F/RR ZONE AS A FUNCTION OF DEVELOPED AND UNDEVELOPED ACREAGE

    Acres Undeveloped And In Continued Forestry Use
    Developed
    PUD Acres
    1—10 11—20 21—30 31—40 80 160 640
    1—20 2 3 4 5 9 17 65
    21—40 3 4 5 6 10 18 66
    41—60 4 5 6 7 11 19 67
    61—80 5 6 7 8 12 20 68
    81—100 6 7 8 9 13 21 69
    Over 100

     

    Undeveloped density bonus = one dwelling unit per ten

    Developed density allowed = one dwelling unit per 20

    PUD allowable units for any combination not in the table equals =

          PUD Developed Acreage + Continued and Platted Forestry Acre      
          20       10      

    Continued means under unified control and with only forestry uses permitted in the future.

    SCHEDULE 5
    AN AGRICULTURAL PUD IN LEVY COUNTY THE NUMBER OF DWELLING UNITS PERMITTED IN AN A/RR ZONE AS A FUNCTION OF DEVELOPED AND UNDEVELOPED ACREAGE

    Acres Undeveloped and in Continued Agricultural Use
    Developed
    PUD Acres
    1—5 6—10 11—15 16—20 21—40 160 600
    1—10 2 3 4 5 9 33 121
    11—20 3 4 5 6 10 34 122
    21—30 4 5 6 7 11 35 123
    31—40 5 6 7 8 12 36 124
    41—50 6 7 8 9 13 27 125
    51—60 7 8 9 10 14 38 126
    Over 60

     

    Undeveloped density bonus = one dwelling unit per five

    Developed density allowed = one dwelling unit per ten

    PUD allowable number of dwelling units for any combination.

    Not In The Table=

          PUD Developed Acreage +Continued and Platted Forestry Acre      
          10       5      

    Continued means under unified control and with only agricultural uses permitted in the future.

(1991 LDR ch. 79, § 6.05(C))