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   (a)   Any ownership arrangement, including fee simple lots, condominiums, and zero lot line parcels, is permitted in a planned unit development, provided the arrangement of the dwelling units shall comply with the spacing requirements of Section 1252.04. Within any such sub lot, the applicant shall depict the maximum parameters, or building envelope, which indicates where the buildings shall be located, and demonstrate that such building locations will be in compliance with the spacing requirements of Section 1252.04.  The minimum spacing requirements outlined in Section 1252.04(g), as applied to separately owned parcels, shall be shown and approved as part of the General Development Plan for the subdivision. As long as the minimum separation distances outlined in Section 1252.04 are met, the developers shall have creative freedom to establish the minimum setbacks for the individual parcels including zero setbacks. If no specified setbacks are shown or requested at the time of General Development Plan approval by the Planning Commission, the side yard and rear yard setbacks shall equally split the separation distance requirements between the two parcels as required per Section 1252.04(g). Modified setbacks that do not equally space the separations between homes shall also be shown and so specified on the plat for the subdivision.
   (b)   The private yard provided for in Section 1252.04(e) shall not be required to be included within any lot which may be owned on a fee simple basis.
   (c)   Any land area not delineated for individual ownership shall be considered common land. The ownership, management and maintenance of the common land shall be clearly set forth in the covenants and restrictions of the homeowners' association or similar organizational structure, and subject to review by appropriate departments, acceptance by the Law Director and approval by Council.
(Ord. 48-02.  Passed 2-25-02; Ord. 21-05.  Passed 2-28-05.)