Zoning Ordinance

City of Roswell
P.O. Drawer 1838
Roswell, NM 88202-1838
(505) 624-6700
Fax: 624-6709

 

ARTICLE 18:
PUD PLANNED UNIT DEVELOPMENT DISTRICT



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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