A PUD development project granted relief from normal regulatory requirements through this chapter shall meet the following specific standards regarding density, yards, and zero lot line development.
(a) Maximum Density. Neither the aggregate number of single and two (2) family dwellings, the total floor area, nor the total land coverage by buildings in the development as a whole, or any phase thereof, shall exceed the maximums allowed in the applicable sections of the Zoning Code (i.e., underlying zoning district) by an amount greater than ten percent (10%).
(1) For residential uses, land area devoted to new permanent common or public open space provided as part of a development within its residential areas may be included as part of lot or site area for purposes of these calculations.
(2) For purposes of division (a)(1), there shall not be counted as open space any land covered by buildings or devoted to streets, parking, loading, service, refuse disposal, storage, vehicular maneuvering or circulation, or fifty percent (50%) of wet and twenty five percent (25%) of dry stormwater retention or detention basins.
(b) Yard Obstructions. Where the normal definitions of yards do not apply, the Site Plan shall either:
(1) Designate which open spaces on the property are to be treated as front, corner side, interior side, or rear yards for purposes of conformance to Chapter 357; or
(2) Be accompanied by homeowners’ or condominium association covenants or other legal instruments governing such obstructions.
(c) Zero Lot Line Development. Subject to the restrictions of this division, the otherwise required width or depth of certain yards may be reduced to zero (0) in subdivisions of detached principal residential or non-residential buildings on individual lots. This provision is intended to allow more usable and more easily maintained open spaces on smaller lots, while also protecting privacy and assuring light, air, and safety. Zero (0) lot line developments shall be approved only under the provisions of this chapter except where reduction of a yard to zero qualifies as a variance.
(1) Minimum Size. No zero (0) lot line development shall include fewer than six (6) existing or newly subdivided lots. Zero lot line plans shall not apply to isolated individual lots in areas of conventionally sited buildings.
(2) Yards.
A. The following yards shall not be reduced to zero (0):
1. Front and corner side yards;
2. Yards that abut an alley;
3. Yards that abut a lot not included in a zero lot line development;
4. Yards that, if reduced to zero, would result in principal buildings on adjoining lots being separated by less than five (5) feet at any point, except for residential units designed as townhouse or attached single-family units.
B. If an interior side yard is reduced to zero (0), the remaining interior or corner side yard shall have a minimum width equal to the sum of the normally required widths of both side yards, except in the case of attached residential units.
(3) Required Easement.
A. A perpetual easement shall be provided in every yard that abuts a yard reduced to zero (0) on an abutting lot. The easement shall be in favor of the owner of the abutting building wall.
B. The easement shall be no less than four (4) feet in width extending along that portion of the lot line that abuts a building on the other lot and including a point of access to the easement from either a building exit or yard or other open space on the adjoining lot.
C. The easement shall be shown on the recorded plat and incorporated into each deed transferring title to the property. Proof of recording of such easement shall be submitted to the Commissioner of Building and Housing prior to issuance of a Building Permit.
D. Within the easement, there shall be no obstruction otherwise permitted in the applicable yard if it impedes access to the wall on the adjacent lot for painting, cleaning, maintenance, and repair.
E. Roof overhangs shall not project more than two (2) feet into the easement on the abutting lot. The roof shall be so designed that water runoff onto the lot is confined to the easement area.
(4) Wall Openings. No window, door, air conditioning unit, or other opening shall be located on a building wall that abuts a yard reduced to zero.
(Ord. No. 1011-94. Passed 6-13-94, eff. 6-22-94)