To encourage reasonable flexibility of design and arrangement in the development of residential communities in residential zoning districts, the following provisions are made for the approval of community unit developments (“CUD’s”):
(a) A CUD must be submitted for approval to the commission as a subdivision.
(b) A CUD must comply with the maximum lot coverage or density requirements for the district in which it is located. For purposes of calculating maximum lot coverage in a CUD, the calculation is made using either the actual size of the lot or the minimum lot area specified for the zoning district in which the lot is located, whichever is greater.
(c) The minimum lot area of any lot within the CUD may be reduced by an amount not to exceed 25 percent of the minimum lot area for the zoning district in which the CUD is located. Any reduction in minimum lot area must be compensated proportionally on a square foot for square foot basis by the establishment of permanent community open space to serve the property being platted. If five percent or more of the community open space is unimproved and in a flood plain (as defined in Article V), the minimum lot area may be reduced by up to 30 percent.
(d) Front yard, side yard, and rear yard requirements may be uniformly reduced on all lots and must establish a uniform pattern within the boundaries of the property being platted. The reduction in front yard, side yard, and rear yard must not exceed the total percentage reduction of lot area within the boundaries of the property being platted.
(e) The CUD must not be used to increase the number of lots which could normally be accommodated by the size of the site.
(f) The CUD provisions are not applicable to property located in a planned development district.
(g) Open space provided in a CUD must be approved as appropriate for its intended purpose by the director and the chief planning officer. The open space area must be within 1320 feet, measured radially, of any residential lot that is reduced in size in accordance with Subsection (c) of this section.
(1) Unimproved open space:
(A) may extend into floodway easements or floodway management areas;
(B) must be indicated on the plat with a prohibition of structures and parking areas; and
(C) must have a minimum of 10,000 square feet.
(2) Improved open space:
(A) must not extend into floodway easements or floodway management areas unless the proposed improvements are in compliance with Division 51A-5.100 of this chapter; and
(B) must be developed in accordance with a site plan approved by the city council after recommendation by the commission. The site plan must include the location and dimensions of all improvements and structures planned for the open space.
(h) A maintenance agreement for the open space area must be provided in a community unit development. The agreement must be approved as to form by the city attorney and executed by the owner(s) or homeowners’ association. (Ord. Nos. 20092; 22053; 22150; 23384; 25047; 28073; 29478)