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This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing regulations of other laws or ordinances, except those specifically repealed by these regulations. Where these regulations impose greater restrictions upon land than are imposed or required by other provisions of law or ordinance, contract or deed, the provisions of these regulations shall control. Whenever the requirements of this chapter appear to be in conflict with other requirements of this Zoning Code, Subdivision Regulations or other codes, or if it is unable to be determined whether one is more restrictive than the other, the provisions of this chapter shall prevail.
(Ord. 125-97. Passed 4-3-97.)
After approval of a preliminary development plan by Council, the subject property shall be considered to be rezoned to Planned Unit Development (PUD) District, and the Official Zoning Map shall be so annotated for the land area affected.
(Ord. 125-97. Passed 4-3-97.)
As the Official Schedule of District Regulations provided in Section 1248.07 shows, various land uses (such as dwelling units, business, manufacturing and a public service facility) may be combined in a planned unit development. However, even though each use is to be treated as a conditionally permitted use, approval shall be made by the Planning Commission rather than by the Board of Zoning Appeals because a planned unit development approval is a rezoning approval.
The proposed location of any planned unit development or any use within it shall not adversely affect adjacent property or the public health, safety and/or general welfare. The location of all uses within a planned unit development shall be specified in the approved final development plan. All mixed uses shall conform to the general planning characteristics that have been developed by the City of London in its Comprehensive Plan, this Zoning Code and the Subdivision Regulations.
When the proposed Planned Unit Development (PUD) District contains a mixture of residential uses with business and/or manufacturing uses, the amount of land devoted to business and/or manufacturing use in a residential, business, manufacturing or residential business development may be determined by the Planning Commission with the approval of Council.
(Ord. 125-97. Passed 4-3-97.)
At least twenty percent of any tract proposed for a planned unit development project shall be reserved for common open space and/or outdoor recreational areas for the residents and/or users of the area being developed.
Each principal use in a planned unit development shall abut common open space or similar areas, and have effective access to such space. All residential uses shall have effective access to such space.
The open space reserved under a planned unit development shall be:
(a) Held in corporate ownership by the owners of the project area for the use of each property owner or renter in the project;
(b) Dedicated to a homeowner's association that shall have title to the property, which property shall be retained as open space for parks, recreation and related common uses; or
(c) Dedicated to public purposes and accepted by the City through proper planning or ordinances to build and titled in either the City Local School District or other public entity that can accept property for purposes of dedication to public purposes.
In any of the above cases, documentation is required to show that provisions have been made for the perpetual care and maintenance of all common areas. The Planning Commission may require changes to the proposed by-laws of the homeowner's association. After adoption, such by-laws may not be changed without Planning Commission approval.
Public utility and similar easements and rights of way are not acceptable for common open space dedication, unless such land or right of way is usable as a trail or other open space use and has been approved for open space use by the Planning Commission.
(Ord. 125-97. Passed 4-3-97.)
Underground utilities (such as telephone, natural gas, cable television and electricity), as distinguished from above-ground pipes and wires from pole to pole, are required within the limits of any planned unit development. Appurtenances to these utilities that can be screened effectively may be exempted from this underground requirement if the Planning Commission finds that such an exemption will not violate the intent or character of the proposed planned unit development.
(Ord. 125-97. Passed 4-3-97.)
For each use proposed, the most restrictive district requirements for that use, as shown in the Official Schedule of District Regulations provided in Section 1248.07 and the Official Schedule of Off-Street Parking Regulations provided in Section 1266.08, shall apply, except as stated elsewhere in this chapter.
With Planning Commission approval, the lot requirements for a planned unit development may vary from the requirements of the most restrictive district, as follows:
(a) Lot area per dwelling unit requirements may be reduced by up to twenty-five percent.
(b) Lot width, setback and yard requirements may be varied to accommodate a variety of structural patterns, clustering designs and housing types. However, the total of all reductions must be matched by an equal total of increases, except as provided elsewhere in this chapter.
(c) To promote the availability of lower and moderately priced (as determined by the Planning Commission) rental and owner residences within a planned unit development, the Planning Commission may permit a bonus reduction in yard, lot area and setback requirements (with no compensating yard, lot or setback increases required) of one percent for every one percent of the total number of dwelling units that are lower and moderately priced, up to a maximum bonus reduction of twenty-five percent. Adequate screening, buffering and/or other separation is required when a bonus reduction is used.
(Ord. 125-97. Passed 4-3-97.)
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