Title 18 - Unified Development Ordinance

18.150.070 Planned Zoning Districts and Non-residential Uses in Residential Districts; Standards of Development; Deviations

1. A.
   The uses permitted in any planned zoning district shall be those set forth in the chapter applicable to that planned zoning district. Provided, however, where found to be reasonably necessary in the interest of the public health, safety and general welfare, the City may condition approval of a development plan by specifying that certain uses otherwise permitted in the district shall not be allowed in that particular development.
2. B.
   At the time of preliminary development plan approval, the applicant may propose, or the City may require, that a phasing plan be submitted setting forth the timing and sequencing of development among various types of uses or subgroups of uses or buildings in the development.
3. C.
   As a general rule, the density or intensity of residential land uses shall be as set forth in the chapter applicable to a particular planned zoning district. Provided, however, that as long as the overall density of the development does not exceed the density otherwise permitted for a parcel of that size, taking into consideration standard street patterns and right-of-way requirements, the density of portions of the development may vary from that otherwise applicable to that planned zoning district. In determining whether or not to allow the density of development to be varied, the Planning Commission and Governing Body shall give consideration to the following: (1) the amount, location and proposed use of common open space; (2) the location and physical characteristics of the site of the proposed development; and (3) the location, design and type of dwelling units and other uses.
4. D.
   Any common open space resulting from the variance of standards for density or intensity of land shall be set aside for the use and benefit of the residents of such development. Several planned zoning districts contain minimum landscaped open space requirements; in other cases, the amount of common open space shall be determined at the time of preliminary development plan approval. As a condition of preliminary development plan approval, the Planning Commission or Governing Body may require that the developer provide for and establish an agency for the ownership and maintenance of any common open space and may require assurance of the financial and administrative ability of any such agency. Further, the Planning Commission or Governing Body may require that any such agency shall not be dissolved or permitted to dispose of any common open space by sale or otherwise (except to a new agency assuming all the duties and obligations of the original agency) without first offering to dedicate the same to the City or any other government agency. Failure of the agency to maintain the common open space shall be considered to be a violation of this Ordinance and subject to the penalties and/or remedies set forth in Section 18.100.110.
5. E.
   Except as specifically provided in the chapters relating to particular planned zoning districts, there shall be no minimum number of dwelling units and no minimum acreage requirements for any planned development.
6. F.
   At the time of final development plan approval, the Planning Commission may apply the provisions of 18.460 and 18.470 to the planned development and, upon the acceptance of the Governing Body, the filing of the final development plan with the Johnson County Records and Tax Administration shall constitute the effective dedication of easements, rights-of-way, access control and the equivalent of and alternate for the platting of land prior to the issuance of buildings permits for the planned development. Rule exceptions to the standards set forth in 18.460 may be granted at the time of such final development plan approval under the same conditions applicable to plat approvals.
7. G.
   Standards for the design, bulk and location of buildings and structures shall be as set forth in the chapters applicable to any planned zoning district. Provided, that the Planning Commission or Governing Body may, in the process of approving preliminary or final development plans, approve the following deviations from the minimum standards where there is ample evidence that the deviations will not adversely affect neighboring property and that such action will not constitute the mere granting of a privilege:

   1. 1.
      Setbacks of buildings and paved areas from a public street right-of-way may be reduced to 75% of the stated requirement.
   2. 2.
      Setbacks of buildings from a property line other than a public street right-of-way may be reduced to 85% of the stated requirement and setbacks of paved areas from a property line other than a public street right-of-way may be reduced to zero, if existing or proposed development on said adjacent land justifies any such reduction.
   3. 3.
      Side yards between buildings may be reduced to zero.
   4. 4.
      Setbacks of buildings and paved areas from a freeway right-of-way may be reduced to five feet.
   5. 5.
      A portion of the parking area required under this Title may remain unimproved until such time as the City Council deems it must be improved to serve parking demand adequately.
   6. 6.
      In the RP-3, RP-5 and RP-6 districts, the required front, side and rear yards between abutting R-1 property, commercial streets, super-collectors and thoroughfares or rights-of-way for interstates, highways and freeways may be reduced in such circumstances where the project sufficiently mitigates negative impacts by the use of unique and innovative site planning, buffering or landscaping techniques.
   7. 7.
      Reduction of setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project and shall be in keeping with good land use planning principles.
8. H.
   Property in a planned district is subject to both the development and performance standards of the district as specified in the UDO and any relevant design standards as adopted by reference. In recognition of the complexity of development and the intent of the City's regulations to improve the overall quality of development, reasonable flexibility from the standards to promote higher quality design may at times be necessary in order to recognize circumstances and factors that are specific to the proposed use, structure, features or land proposed for development. 
   
   Unless otherwise specifically stated in the code, the Planning Commission or Governing Body may, in the process of approving preliminary or final development plans, approve deviations from either: (i) applicable development standards for non-residential uses in residential districts, or (ii) applicable development standards for planned developments other than those listed in subsection G of this Section , if it finds that all of the following conditions are met:

   1. 1.
      The relief requested promotes development that complements surrounding properties in terms of building scale, form and land utilization. 
   2. 2.
      The granting of the deviation will not adversely affect the rights of adjacent landowners or residents.
   3. 3.
      There are circumstances or conditions affecting the development such that the strict application of these regulations would unreasonably affect the applicant or landowner. 
   4. 4.
      That the deviation desired will not adversely affect the public health, safety, or general welfare.
   5. 5.
      The relief requested promotes sound planning and urban design principles that are consistent with the general spirit and intent of this Ordinance.
9. I.
   The design of all planned developments and all non-residential uses in residential districts shall be such that access and circulation by firefighting equipment and other emergency vehicles is assured and may not be retarded by steep grades, heavy landscaping or building spacing.

(History: Ord. ZRR-3396 §1, 2023; Ord. ZRR-3285 §1, 2020; Ord. ZRR-2698 §4, 2007; ZRR-1725; ZRR-1636; ZRR-889 §18.04)

Effective on: 1/1/1901