§ 152.114  PLANNED UNIT DEVELOPMENT.
   (A)   Definition. A planned multi-family development unit shall mean a single-family, two-family, multi-family development or combination of all three uses developed as a single unit. The development may include group housing, townhouses, cluster garden structures, apartments, and condominiums.
   (B)   Zones in which permitted.  Planned multi-family development units may be permitted in all Residence Zones (except R-1 Residence Zones) subject to the provisions of this section.
   (C)   Purpose. The purpose of this planned multi-family development unit is to provide a more desirable living environment than would be possible through the strict application of the provisions of this chapter; to encourage a more desirable use of open areas; to induce innovations in residential development so that the growing demands for housing may be met by greater variety, type, design, and layout of dwellings and by the conservation of land; to stimulate a more efficient use of public and private services, to provide means by which the type, design, and layout of residential development can be related to sites and demands for housing consistent with the preservation of property values; and to add flexibility to zoning standards as shall encourage the disposition of proposals for such multi-family development units without delay.
   (D)   Procedure. The owner or owners of any tract of land five acres or more in area, may file an application for tentative approval with the Plan Commission. Said application shall include all of the following items:
      (1)   Location and size of area involved;
      (2)   Density of land use;
      (3)   Location, function, ownership, and manner of maintenance of common open space;
      (4)   Use, approximate height, bulk, and location of buildings and other structures;
      (5)   Feasibility of proposals for the disposition of sanitary and storm water;
      (6)   Covenants, grants, and easements to be placed on the use of the land and buildings;
      (7)   Provisions for parking of vehicles and the location and width of proposed streets;
      (8)   Relationship of proposed streets to streets in the proximity of the project; and
      (9)   Schedule of construction and a written statement of how the project would be consistent with residential growth.
   (E)   Principles and standards. In considering the planned multi-family development units, the Plan Commission and the Board of Zoning Appeals shall adhere to the following principles and standards:
      (1)   The population density and building coverage of the site for the project shall conform to the overall density and building coverage of the zone in which it is located.  However, lot dimensions, setbacks, and area do not have to meet specific requirements of this chapter, provided a more logical and desirable use of the property is proposed;
      (2)   A variety of dwelling and building types shall be encouraged;
      (3)   Where townhouses are suggested, there shall be no more than five townhouse units in any contiguous group. An average rear yard of 25 feet would be desirable where a lot does not abut a park or open space easement. A minimum side yard on the two end units of contiguous townhouse groups shall be seven plus three feet for each additional story over one story;
      (4)   Planting and utility strips may be eliminated and an equal amount of land area placed into acceptable public park;
      (5)   Areas proposed for dedication must be acceptable in size, shape, and location. Rights of way for riding, hiking, and other types of trails and scenic ways may be dedicated.  Rights-of-way for water courses and similar channels shall not be acceptable for space exchanges;
      (6)   Clustering of dwellings may be accomplished through a reduction of lot area with overall density remaining the same, and the provision of usable and desirable open space easements dedicated;
      (7)   Public utility and similar easements shall not be used for space exchange;
      (8)   Any project which proposes to dedicate land for park and open space must include the total park area at the time of the filing of the application;
      (9)   Maximum privacy for each multi-family unit shall be provided through functional design, use of proper building materials and landscaping;
      (10)   The architectural design of multi-family units shall be developed considering their relationship to adjacent development in terms of height, texture, line, and pattern;
      (11)   Building coverage shall not exceed 50% of the net lot area;
      (12)   A minimum of 25% of the total lot area, exclusive of parking and streets, shall be landscaped for recreation; and
      (13)   All on-site utilities shall be placed underground.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99