§ 158.040 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DEVELOPER. The person, firm or corporation proposing to develop the Planned Unit Development. If such person is different from the owner of record, the owner of record shall join in all submissions required by this chapter.
   NET DEVELOPMENT AREA. An arithmetic value determined for the purpose of calculating the allowable number of dwelling units. The net development area shall be determined by subtracting from the total planned unit development area the area set aside for:
      (1)   Right of way;
      (2)   Churches;
      (3)   Schools;
      (4)   Commercial, offices, and other non-residential uses; or
      (5)   Water bodies except where the shoreline has been incorporated in the common open space plan; provided that in no case shall the submerged land constitute more than 10% of the net development area.
   OPEN SPACE. Land or water that is not built upon or used for parking and is used for creation, conservation, or aesthetic purposes. To qualify as open space under this chapter, the land:
      (1)   Must be owned in perpetuity by a homeowner or property owners' association;
      (2)   Cannot be required side, rear or front yards;
      (3)   Cannot be a right-of-way or easement; and
      (4)   Must have guaranteed access.
   PLANNED UNIT DEVELOPMENT. A subdivision or development having a PUD zoning district classification that allows the development of ten or more acres of land with variations of some of the restrictions of standard zoning and subdivision regulations.
(Ord. 96-54, passed 3-26-96)