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Zoning Ordinance |
| City of Roswell P.O. Drawer 1838 Roswell, NM 88202-1838 (505) 624-6700 Fax: 624-6709 |
Section 1. Purpose
This district is intended to provide an alternative to the conventional approach
to zoning by permitting flexibility and innovation in design, placement of
buildings, use of open spaces, circulation facilities, and off-street parking
areas to encourage a more creative approach in the utilization of land.
This district permits a more efficient, aesthetic, and desirable development
characterized by special features of the geography, topography, size or shape of
a particular piece of property while simultaneously providing a compatible and
stable environment in harmony with and at substantially the same population
density and area coverage of the surrounding area.
Section 2. Use Regulations
The PUD district permits any use or combination of uses allowed in the zoning
districts established by this
Ordinance in accordance with the procedures,requirements, and standards set
forth herein.
Section 3. Procedures, Requirements, and Standards
An application for a planned unit development district shall meet and follow the
same procedures, requirements, and standards as that of a rezoning
request. In addition, the application shall include a development plan
that meets the following requirements and standards:
a. Ownership. The tract shall be under unified ownership or control at the
time of application and shall be
planned as a whole. If the tract is not to be developed as a whole, a
phasing schedule shall be provided showing the chronological order in which
portions of the tract are to be developed.
b. Conformance with the City's Land Use and Thoroughfare Plans. The
proposed planned unit development shall be consistent with and conform to the
City's Land Use and Thoroughfare Plans in terms of land use, density, streets,
and traffic.
c. Lot Area Regulations. A proposed residential planned unit development
or a residential planned unit
development mixed with commercial and/or industrial uses shall consist of an
area that is not less than five (5) acres in size. A proposed commercial
and/or industrial
planned unit development shall consist of an area that is not less than two (2)
acres in size.
d. Density. In a residential planned unit development, where a variety of
housing types may be provided, the total number of dwelling units allowed shall
be determined by either the density standard of the
original zoning district classification of the area that is now proposed for the
planned unit development
district or the density standard as recommended by the City's Land Use
Plan. The planned unit development may exceed these maximum density
standards by ten (10) percent if it can be demonstrated by the applicant that
such an excess will not adversely affect public facilities nor the enjoyment of
adjacent property.
e. Setback Regulations. Building setbacks from all property lines which
form the perimeter of the total
area devoted to the planned unit development shall result in a development that
will blend well with adjacent developments by matching the setback requirements,
as set forth elsewhere in this Ordinance,
of the original zoning district classification of the area that is now proposed
for the planned unit development district or the setback requirements applicable
to the adjacent zoning districts.
f. Height Regulations. Heights of buildings and structures shall result in
a development that will blend well with adjacent developments by matching the
height requirements, as set forth elsewhere in this Ordinance, of the
original zoning district classification of the area that is now proposed for the
planned unit development district or the height requirements applicable to the
adjacent zoning districts.
g. Open Space. Common open space, varying in amount and location, shall be
provided to off-set any substantial increase in dwelling unit density or
building height or any substantial decrease in interior building setback
distances.
h. Streets, Utilities, Services, and Public Facilities.
Because of the uniqueness of each planned unit development proposal, the
specifications and standards for streets, utilities, services, and public
facilities may be different from those normally required in this Ordinance and
other ordinances if it can be demonstrated by the applicant that such
modification of specifications and standards will not adversely affect the
interests of the general public or the entire City. In addition, the
planned unit development proposal shall illustrate how the streets, utilities,
services, and public facilities, and traffic circulation will function and serve
the entire development.
i. Off-Street Parking. The proposed planned unit development and the land
use therein shall provide the necessary amount of off-street parking areas and
shall illustrate how such areas will adequately serve the entire development.
j. Any other information which the City Manager deems necessary to properly
assess the request for the planned unit development district.
Section 4. Requirements Prior to Construction
a. Additional information shall be submitted either concurrently with the
requirements necessary when applying for a planned unit development district, as
set forth hereinabove, or separately or in phases, prior to the actual
construction of the development. The submittal shall meet and follow the
same procedures, requirements, and standards as that of a rezoning request.
b. The required development plan shall be substantially the same as that
submitted for the initial planned unit development district request. In
addition to the information previously submitted, the development plan shall
include specific details such as, but not limited to: type and placement
of buildings and structures, internal building setback and separation of
structure distances; building and structure heights; location, number, and
operation of off-street parking spaces; street construction, performance, and
maintenance standards and operations; traffic circulation patterns; pavement and
right-of-way widths; utility and facility type, location, and service; easement
type, location, and service; size and location of open space areas; dwelling
unit densities; and any other information which the City Manager deems necessary
to properly assess the request.
Section 5. Decisions and Conditions
a. Approval. The planned unit development request shall be approved after
a public hearing has been held where additional conditions may be imposed to
insure the public interest and where the development plan, submitted in
accordance with the alternative procedures, requirements, and standards set
forth hereinabove, has been presented to prescribe the general and/or specific
uses, placement of buildings and structures, amount and location of common open
space areas, street and utility locations and performances, off-street parking
areas, and other previously described items essential to the development's
operation and performance.
b. Building Permit. A building permit shall be issued only if the building
or structure, for which the permit is to be issued, is in conformance with the
approved development plan and only if all site and facility improvements are in
place adjacent to and in front of the location of the building or structure.
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