(A) Where. Special Use in the R-A, R-20 R-15, R-10 and R-8 Districts.
(B) General requirements. Shall at a minimum meet the requirements of § 154.233 as applicable to the district in which the use is located.
(C) Specific development requirements.
(1) PUDs shall be permitted only when requested as a special use and accompanied by a rezoning request to one of the following zoning districts: RA, R-20. R-15, R-10 and R-8.
(2) Application for PUD shall be approved only if the all following findings are made:
(a) Application of planned unit development requirements to the property will produce a development of equal or higher quality than otherwise required by the strict application of district regulations that would otherwise govern;
(b) Application of planned unit development requirements to the property will encourage innovative arrangement of buildings and open spaces to provide efficient, attractive, flexible, and environmentally sensitive design;
(c) Application of planned unit development requirements to the property will produce a development functioning as a cohesive, unified project; and
(d) Application of planned unit development requirements to the property will not substantially injure or damage the use, value, and enjoyment of surrounding property, nor hinder or prevent the development of surrounding property in accordance with the adopted plans and policies of the town.
(3) An approved PUD special use permit and the approved verified development plan shall govern all uses and development activities in a PUD.
(4) Except as otherwise provided by this section, a PUD shall be subject to all the applicable standards, procedures and regulations of the other parts of this chapter.
(5) No PUD shall be approved for a site of less than that shown in the following schedule. The site must be contiguous property under unified ownership or control.
Districts | Minimum Number of Acres |
RA | 8 acres |
R-20 | 8 acres |
R-15 | 6 acres |
R-10 | 5 acres |
R-8 | 5 acres |
(6) Uses permitted in a PUD shall be in accordance with the uses allowed in the district in which the PUD is to be located.
(7) Development in a PUD shall be exempt from the minimum required lot width, front yard, side yard and rear yard requirements of the underlying district. These distances shall be established in the special use permit for the PUD.
(8) The density of structures and the residential building types of the corresponding principal district shall apply in a PUD provided that a density bonus may be permitted as stated in division (15) below of this section. No lot for a single family detached dwelling shall be less that the minimum lot size for a single-family dwelling in the zoning district in which the PUD is located.
(9) Cluster developments and zero lot line developments are permitted subject to the special requirements for such developments.
(10) Areas between structures shall be covered by easements where necessary for access and to provide for off street vehicle parking, maintenance, and utility service.
(11) Local streets shall be located and designed so that they do not encourage through access by traffic with origins and destinations outside of the development.
(12) PUDs shall be designed and developed and uses so arranged to promote pedestrian access within the development.
(13) Boundary treatment. The scale and setbacks of development in a PUD within 150 feet of the perimeter of the PUD shall be in harmony with the development on adjacent lands.
(14) Environmentally sensitive areas. One of the principal purposes of the PUD procedure is to protect environmentally sensitive areas through the use of innovative arrangement of buildings and spaces. It is the intent of the PUD process that significant consideration in planning and design of PUDs shall be given to the following elements such as but not limited to:
(a) Floodway and floodway fringe areas;
(b) Steep slopes and knolls;
(c) Wetlands;
(d) Water supply watersheds;
(e) Rock outcrops;
(f) Soil erosion and storm water management;
(g) Tree and foliage preservation;
(h) Habitat for threatened or endangered species;
(i) Areas of historical, archaeological or architectural significance; and
(j) Useable open space; recreation area.
(15) In any case where the Board of Commissioners finds in its opinion that the PUD provides for significant protection or enhancement of any one or more of the above elements, or a similar element as determined by the Board of Commissioners, the Board may award a bonus of up to 10% increase in residential dwelling units for a PUD and may permit such additional dwelling units to be of a development type not otherwise permitted in the PUD. The determination by the Board of Commissioners of the significant protection or enhancement of particular element shall be based upon a comparison between the type of development that could be placed on the property under the current zoning and other regulations and the proposed development scheme for the PUD.
(16) Phased development. A PUD may be developed in phases in the same manner as a subdivision and subject to the phasing requirement for subdivision.
(Ord. 23-241, passed 7-18-2023)