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*Editor's note:　 Ord. No. 03-JJ, § 1, adopted July 7, 2003, amended the Code by adding provisions to be designated as Art. V, § 21-70. Inasmuch as Ch. 21 already contained an Art. V, the editor has redesignated these new provisions as Art. VI, § 21-110.　

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(a)　　　Where a developer desires to construct a project with a diversification of types of lots the planned unit development (PUD) criteria may be used. The intent of this criteria is to maintain the spirit of conformance with this regulation; however, alternative designs can be used. Examples of an alternative design include reducing the lot sizes but providing common areas that result in a similar overall density, developing structures in pods or groups with larger surrounding area, increasing the landscaping and screening to provide buffering, providing a curvilinear sidewalk system in lieu of sidewalks paralleling the street lines, providing common drives for multiple structures to increase green-space, and reducing the front setbacks but prohibiting driveways and parking in the lot frontage by providing alleys for access.

(b)　　　In addition to the complying with the requirements for subdivision development set forth in article III hereof (with the exception of the lot dimension, set back and street right-of-way width requirements in conflict with this section) and the design criteria, the developer of a proposed PUD shall submit an outline development plan with the preliminary plat. This plan, at a scale of not less than one (1) inch equals two hundred (200) feet, shall show all the proposed surface features to be developed. This plan shall include all paving and open space areas with typical layouts.

(c)　　　All PUDs shall have protective covenants that require an owners' association (or other legal entity) to be formed and to be legally responsible for the maintenance of all-common areas and private amenities in the PUD. The covenants shall require that sufficient funds be collected and set aside for the proper maintenance of the facilities. Sale or transfer of properties dedicated for common use shall not be permitted without the replanting of the property according to legal requirements.

(d)　　　The minimum size of a PUD shall be ten (10) acres and not less than five (5) percent of the total area shall be set aside as common landscape areas. Utility easements, drainage easements, and dry detention basins shall not be included in calculating the five (5) percent requirement, unless developed as an approved amenity with approval of the outline development plan.

(e)　　　The PUD shall be subject to the following additional minimum requirements:

(1)　　　Twenty (20) feet front set back;

(2)　　　Ten (10) feet side set back on corner lots;

(3)　　　Forty-five (45) feet lot widths;

(4)　　　Minimum lot size of four thousand seven hundred twenty-five (4,725) square feet; and

(5)　　　Fifty (50) feet road right-of-way width for minor residential streets, sixty (60) feet width for collectors.

(f)　　　A final plan for each section to be developed (with restrictive covenants attached) shall be submitted for review and approval of the planning commission and city council. The approved plan and documents shall be maintained on file by the planning and development department and all future building permits shall be reviewed for conformance with the plan and accompanying documents.

The plan one (1) inch equals two (200) hundred feet (or larger) shall include the following:

(1)　　　All proposed streets, alleys, drives, walkways and trails with a clear designation of those to be public and private.

(2)　　　All lots or parcels and a clear definition of areas to be retained as common areas with dimensions and bearings.

(3)　　　In other than single family areas, plot plans for each building site with approximate dimensions of existing and proposed structures with landscaping, amenities and improvements. Indications of the structure heights and elevation features shall be provided.

(4)　　　In other than single family areas, details of trash collection areas and permanent screening matching the character of the area shall be provided.

(Ord. No. 03-JJ, § 1, 7-7-03; Ord. No. 04-KK, § 5, 8-19-04)

No tree, shrub, vine, palm or similar plant of any description or kind shall be grown, maintained or cultivated in such a manner that any portion thereof overhangs or obtrudes upon or over any sidewalk, unless there is a full ten-foot clearance between the surface of all portions of such sidewalk and the overhanging tree, limb, shrub, vine, palm or plant.

(Ord. of 5-6-46, § 1)

No tree, shrub, vine, palm or similar plant of any description or kind shall be grown, maintained or cultivated in such a manner that any portion thereof overhangs or obtrudes upon or over any street or highway in the city unless there is a full twelve-foot clearance between the surface or all portions of such street or highway and the overhanging tree, shrub, limb, vine, palm or plant.

(Ord. of 5-6-46, § 2)

No tree, shrub, vine, palm, hedge or similar plant of any description or kind shall be planted, cultivated, grown or permitted to be planted, cultivated or grown between the sidewalk and the curb or ditch line on any street or highway at a lesser distance than seven and one-half (7 1/2) feet from any fireplug in the city. This section shall not apply to any shade tree which was growing within seven and one-half (7 1/2) feet of a fireplug on or before May 6, 1946.

(Ord. of 5-6-46, § 3)

Cross references:　 Utility poles and other obstructions near fire hydrants, § 25-20.　

No tree, shrub, vine, palm or similar plant of any description or kind shall be planted, maintained or cultivated between the sidewalk and the curb on any public street or highway in the city at a lesser distance than twenty (20) feet from the corner of any block on any such public street or highway, such distance to be computed at the point of intersection of two (2) lines extended parallel with the curb line of the streets or avenues intersecting and causing such corners.

(Ord. of 5-6-46, § 4)

That certain booklet entitled "Regulations for Access Driveways to State Highways" prepared by the state highway department, dated September 23, 1953, and revised in November, 1963, is hereby adopted as a part hereof as if set out fully herein and all access driveways to state highways within the city shall conform thereto.

(Ord. of 10-9-57; Ord. No. 72-A, 2-17-72)

(a)　　　It shall be unlawful for any person, firm, partnership, corporation, or organization or any candidate for public office to place, tack, nail, paste or attach in any manner a circular, placard, picture, paper, or any advertising matter or sign of any kind, or any announcement for public office; or cause or allow the same to be placed or to remain upon any telephone pole, electric light pole or any other pole located within the city limits, or upon any publicly owned property or street right-of-way.

(b)　　　Any person, firm, partnership, corporation or organization, or any candidate who shall hereafter violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished according to the general penalty set out in section 1-5. Each person in a joint violation may be separately fined the maximum for each separate offense under this section, and each day that such violation continues shall constitute a separate offense and be punishable as such.

(Ord. No. 69-B, 2-6-69)

Curbed and guttered streets may have deflections in the curb line in order to prevent removal of trees, provided that:

(a)　　　The trees are hard wood.

(b)　　　The trees have a circumference of at least thirty (30) inches at a point thirty-six (36) inches above the ground.

(c)　　　The curb line is not deflected more than twelve (12) inches.

(Ord. No. 82-M, § 1, 6-3-82)

Editor's note:　 Ord. No. 82-M, § 1, adopted June 3, 1982, did not expressly amend this Code, but did provide that the above provisions "would require an amendment to the Subdivision Ordinance and/or the Street Ordinance, Chapters 20 and 21, respectively, of the Code of Ordinances." For this reason, the editor, at his discretion, has included the provisions of Ord. No. 82-M duplicative as new §§ 20-10.1 and 21-8.　

The roadway located in the city limits between State Highway 35 Bypass and Spur 273 and commonly referred to as "Dickinson Road," "Cemetery Road," and "FM 517" is hereby named and designated "Dickinson Road."

(Ord. No. 96-GGGG, § 2, 11-21-96)