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PUD provisions shall be applied when any of the following conditions exist:

(1) The proposal is subject to review and approval through the PUD process according to an adopted refinement plan, including but not limited to, property within the boundary of the South Hills Study where all or a portion of a development site is:

(a) Between an elevation of 500 feet and 701 feet, and the development site is at least 4 acres with areas of the development site containing slopes that exceed 20%.

(b) On property above 701 feet in elevation, except partitions that do not include the creation of a public street, unless an alternate review procedure is approved pursuant to EC 9.9630(3)(a).

(c) Above an elevation of 900 feet, except for a land division undertaken by or on behalf of a governmental entity in order to preserve, manage, or expand park, open space, or natural resource areas.

(2) The property is zoned with a /PD overlay zone.

(3) One or more land uses proposed for the site are subject to review and approval through the PUD process according to the zoning.

(4) When requested by the property owner.

No development permit shall be issued by the city prior to approval of the final PUD.

(Section 9.8305, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)