It is the purpose of this section to encourage more imaginative and livable housing environments within the residential districts, as noted, through a planned reduction, or averaging, of the individual lot area requirements for each zone district; providing, the overall density requirements for each district remains the same. The averaging or reduction of lot area requirements shall only be permitted when a land owner, or group of owners acting jointly, can plan and develop a tract of land as one complex land use unit, rather than an aggregation of individual buildings located on separate, unrelated lots. Under these conditions, a special use permit may be issued for the construction and occupancy of a planned residential unit development providing the standards, procedures and requirements set forth in this section can be complied with.
(A) Objectives.
(1) To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, ponds, flood plains, hills and similar natural assets;
(2) To encourage the preservation of open space and the development of recreational facilities in a generally central location and within reasonable distance of all living units;
(3) To encourage developers to use a more creative and imaginative approach in the development of residential areas;
(4) To provide for more efficient and aesthetic use of open areas by allowing the developer to reduce development costs through the bypassing of natural obstacles in the residential site; and
(5) To encourage variety in the physical development pattern of the community by providing a variety and mixture of housing types.
(B) Applicability. The provisions of this section, shall take precedence when in conflict with other section of the Zoning Ordinance.
(C) Qualifying conditions. Any application for a special use permit shall meet the following conditions to qualify for consideration as planned residential unit development.
(1) All planned residential unit developments shall be under the control of the one owner or group of owners and shall be capable of being planned and developed as one integral unit.
(2) Public water and sewer facilities, if not existing at time of development, shall be provided as part of the site development.
(3) The development shall be a minimum of six acres.
(4) The proposed planned unit residential development shall meet all of the general standards outlined herein.
(D) Uses that may be permitted. The following uses of land and structures may be permitted within planned residential unit development, subject to the district dimensional requirements as listed within each zoning district:
(1) Conservation-Greenbelt: single-family detached residential development;
(2) A-1: single-family detached residential development;
(3) R-1A: single-family detached residential development;
(4) R-1: single-family detached residential development;
(5) R-2: single-family detached and two-family dwellings;
(6) R-3: single-family detached, single-family in the townhouse style, and two-family dwellings; and
(7) Recreation and open space, (in any R district); provided that, only the following land uses may be set aside as common land for open space or recreational use under the provisions of the section. Historic building sites, or historical sites, parks and parkway areas, ornamental parks, extensive areas with tree cover, low lands along streams or areas of rough terrain when the areas have natural features worthy of scenic preservation.
(E) Lot variation and development regulations. The lot area for planned unit residential developments may be averaged or reduced from those sizes required by the applicable zoning district within which the development is located by compliance with the following requirements.
(1) The acreage of the site, computed from the legal description of the parcel being developed shall be used for all calculations related to density and open space. The gross acreage shall be used. No factors for rights-of-way or easements will be considered. The perimeter setbacks and building heights shall meet the requirements of the zoning district in which the parcel is located.
(2) Minimum size of the development shall be six acres.
(F) Open space requirements.
(1) There shall be a minimum of 10% open space. There is no maximum amount of open space that may be set aside as open space.
(2) All open space, tree cover, recreational area, scenic vista or other authorized open land areas shall be either:
(a) Set aside as common land for the sole benefit, use and enjoyment of present and future lot or home owners within the development. Open space land shall be owned by the land owner or owners or a home owners association or other similar non-profit organization so that the fee simple title shall be vested in tract lot owners as tenants in common; provided that, suitable arrangements have been made for the maintenance of the land and any buildings thereon; and, provided further that, a copy of the open space easement for the land be conveyed to the legislative body to assure that open space land remain open;
(b) Dedicated to the general public as parkland for the use of the general public. Open space land shall be dedicated to the general public for parks or recreational purposes by the tract owner or owners; provided that, the location and extent of the land conforms to the development plan; and, provided further that, access to and the characteristics of the land is such that it will be readily available to and desirable for public use, development and maintenance;
(c) The Planning Commission shall determine whether (F)(2)(b) or (F)(2)(c) is most appropriate. In the case where the land is to be dedicated as a public park, such as division (F)(2)(b) above, the Planning Commission shall forward to the legislative body the park proposal and plan for approval; and
(d) It is the intent of this section that the owners or developers of the planned unit residential development shall not be compelled or required to improve the natural condition of the open space lands.
(G) Street development requirements. Street standards and specifications adopted by the County Road Commission and all applicable local standards shall be complied with for all street improvements.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009; Ord. 16-05, passed 5-16-2016) Penalty, see § 155.999