Fowler Municipal Code § 9-5.28.03 Permitted Uses

Planned unit developments (PUDs) are encouraged to achieve a more functional and aesthetically pleasing environment that otherwise might not be possible by strict adherence to the regulations of this ordinance. A planned unit development may include a combination of different dwelling types and/or a variety of land uses made to complement each other and harmonize with existing and proposed land uses in the vicinity.

A PUD may be located in any district upon the granting of a conditional use permit or by applying the PUD Overlay District in accordance with the provisions of Section 9-5.28.10 of this chapter.

A. A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

1. Any combination of uses permitted in an R or RM District.

2. Within any R or RM district, up to thirty-five (35) percent of the PUD may be developed with uses permitted or conditionally permitted in the C-1 district.

3. Within any C-1 or C-2 district, up to thirty-five (35) percent of the PUD may be developed with uses permitted or conditionally permitted in the RM district.

4. Any combination of uses permitted in any C-1, C-2, C-3, C-H, M-1, or M-2 District as a permitted use, a use permitted by administrative approval, or conditional use, may be located in a PUD located in an M-1 or M-2 District.

The minimum site area for a PUD shall be one (1) acre.

A. The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the district in which the PUD is located if the applicant has demonstrated through a design proposal that the objectives of the zoning ordinance and the objectives of this article will be achieved.

B. Usable open space shall be provided for all planned unit developments that include residential uses. Such open space shall include a minimum of ten (10) percent of the net site area of the residential portion of a PUD.

C. The number of dwelling units shall not exceed the maximum density prescribed by the General Plan or the site area regulations in which the planned unit development is located.

D. PUDs shall be subject to the following site design criteria:

1. Location of proposed uses and their relationship to each other shall be consistent with General Plan policies and zoning requirements.

2. Such features as the viewshed and mature vegetation are to be considered.

3. If a planned unit development is located adjacent to an arterial or collector street, or other existing possible land use conflict, adequate buffering shall be included in the plan.

4. Landscaping shall conform with the general standards imposed by the underlying zone. Additional landscaping may be required as part of a PUD.

5. Vehicle circulation shall be based on a street pattern as outlined within the Circulation Element of the General Plan. Use of private streets and variations to normal City street standards are encouraged.

6. Pedestrian access and bicycle paths should be incorporated within PUDs when possible.

7. Parking shall conform with the parking standards contained in Chapter 9-5.20

8. Guest parking and storage parking shall be encouraged.

9. Parking shall be screened from adjacent public rights-of-way to the maximum extent possible. Such screening may include plantings, fences, or landscaped berms.

The regulations prescribed in Article 25, Conditional Use Permits, shall control the procedure for processing a planned unit development, subject to the following procedures:

A. The application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for: types, lot layout, locations, heights and elevations of structures and landscaped areas; draining of storm water; public utility rights-of-way; streets, driveways and pedestrian walks; off-street parking and loading facilities; and reservations and dedications for public uses.

B. The application shall be accompanied by a tabulation of the area proposed to be devoted to each land use, the average population density and the number of housing units per acre in the area proposed to be devoted to residential use.

C. When a PUD involves a tentative parcel map or subdivision map and/or that would also necessitate exceptions to regulations of the subdivision ordinance, the Commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of paragraph A. and B. of this section may be waived temporarily, provided the applicant submits the following:

1. In lieu of the drawing of the site prescribed in paragraph A., the application shall be accompanied by a schematic drawing showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

2. A statement setting forth the means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and landscape maintenance, area to be devoted to various uses and population density per net acre contemplated by the applicant. Upon approval of a tentative subdivision map, the applicant shall submit a development plan in accordance with the requirements of paragraphs A. and B. of this section before the Commission may grant a final approval of the applicant's proposal.

D. The Commission shall hold a public hearing in conformance with Article 4. The decision of the Commission shall be final unless appealed to the Council in conformance with Article 4.

E. In cases where a density bonus is requested in conformance with Article 23, the Commission's recommendation shall be forwarded to the Council for final hearing and decision.

A. The Commission may grant a use permit for a PUD as submitted or in modified form if, on the basis of the application and the evidence submitted, the Commission makes the following findings:

1. That the proposed location of the PUD is in accordance with objectives of the zoning ordinance.

2. That the proposed location of the PUD and the conditions under which it would be operated will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.

3. That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and off-street loading, landscaped areas and street design will produce a stable and desirable environment consistent with the objectives of the zoning ordinance.

4. That the proposed PUD will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

5. That the combination of different dwelling types and/or variety of land uses will complement each other and will harmonize with existing and proposed land uses in the vicinity.

A. Minor amendments to an approved PUD may be granted by the Director. Major amendments shall be processed as an amendment to a conditional use permit with required public hearings. Major amendments include, but are not limited to:

1. Changes in residential density (more than ten (10) percent).

2. Changes in land use relationships.

3. Changes in the location and/or scope of open space.

4. Changes in circulation patterns.

5. Other changes as determined by the Commission upon request by the applicant or Director.

A. A permit for a PUD shall expire, be revoked, or be extended in conformance with Article 4.

The PUD Overlay District is intended for application to those residential, office, commercial, and industrial base zoning districts designated by the General Plan or by the City Council as areas to assure that property will be developed in a manner superior to that which would otherwise be achieved through regulations of the base zoning district.

A. The development of property within a PUD Overlay District shall be subject to all of the regulations and procedures prescribed within this Chapter.

B. The PUD Overlay District shall be designated on the Zoning Map by use of the symbol otherwise used to designate the underlying zone district, followed by the letters "PUD".

C. The PUD Overlay District may be established at any time, either concurrently with, and as a part of, the proceedings for the establishment or change of zoning, or with respect to any established zone.