1131.04 DEVELOPMENT PROVISIONS.
   (a)   Minimum Lot Size and Zoning Requirements. Lot area, width, setbacks, height, lot coverage, minimum floor area, parking, landscaping, lighting and other requirements for the district specified in the following table for the proposed use shall apply to all such uses within a planned unit development, unless modified in accordance with the provisions of Section 1131.04(b).  Within a PUD, the minimum buffer requirements specified in Section 1147.04(b) between uses shall not apply; provided, the Planning Commission or City Council may require separation or buffering of uses as a condition of preliminary plan approval.
Table 1131.04, Zoning Requirements by Use Type
Land Use Type
Applicable Zoning District
Detached single family residential
R-2
Two family residential
Attached single family residential
Multiple family
R-3
Commercial
B-2
Industry
I-1
Public/Quasi-Public
R-1A
   (b)   Modification of Minimum Requirements. Regulations applicable to a land use in the planned unit development district may be altered from the requirements specified in Table 1131.04, including the following: modification from the lot area and width, building setbacks, height, lot coverage, signs and parking.  However, a reduction in lot size shall not result in an increase in the number of dwellings otherwise permitted by the applicable zoning district. Land gained by the reduction in lot sizes shall be added to the open space required within the PUD. The applicant for a planned unit development shall identify, in writing, all proposed deviations from the zoning district requirements. Modifications may be approved by the City Council during the preliminary development plan review stage, after Planning Commission recommendation.  Adjustments to the minimum requirements may be permitted only if they will result in a higher quality and more sustainable development, consistent with the purpose of the planned unit development district, as expressed in Section 1131.01.
   (c)   Density Bonus. In addition to the modification of minimum requirements permitted in Section 1131.04(b), the City Council, after Planning Commission recommendation, may permit an increase in the total number of residential units otherwise allowed within a planned unit development, according to the requirements in Table 1131.04, where it is demonstrated that:
      (1)   The appearance and construction will result in a development of high quality, as evidenced by the innovative design and use of building materials such as stone, masonry, wood and hardie-plank, but not including vinyl; and
      (2)   At least two (2) of the following will be included within the development:
         A.   Amenities, beyond the minimum required open space, will be provided to create a more sustainable community and desirable living environment;
         B.   Dedicated common open space is provided in excess of the minimum required, per Section 1131.04(d)(1).
         C.   One (1) or more LEED-certified buildings will be constructed.
         D.   Significant natural features, including stands of mature trees, will be preserved and/or substantial landscaping beyond the minimum requirements will be incorporated into the development.
         E.   Decorative pavers or similar aesthetic enhancements will be incorporated into the vehicular and pedestrian circulation system.
         F.   A commercial and/or office component is proposed within the PUD.
         G.   Increased roof pitches will be incorporated into the residential design.
         H.   Three (3) or more public benefits, as identified in Section 1131.02(g), will be achieved.
   (d)   Common Open Space.  For purposes of the planned unit development requirements, "common open space" is defined as an area of land or water, or a combination of land and water, designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational or cultural uses. A variety of open space and recreational areas is encouraged such as: children's informal play areas in close proximity to neighborhoods or dwelling unit clusters; formal parks, picnic-areas and playgrounds; pathways and trails; scenic open areas and communal, noncommercial recreation facilities; and natural conservation areas. At a minimum, the following regulations shall apply to all common open space within a planned unit development:
      (1)   The area of common open space shall not be less than twenty percent (20%) of the total land area of a planned unit development containing any residential units and not less than ten percent (10%) of the total land area in non-residential developments. Land dedicated for recreation, in accordance with Section 1131.04(d)(3), shall count toward the common open space requirement.
      (2)   All common open space shown on the final development plan must be reserved or dedicated by conveyance of title to a corporation, association or other legal entity, by means of a restrictive covenant, easement or through other legal instrument. The terms of such legal instrument must include provisions guaranteeing the continued use in perpetuity of such open space for the purposes intended and for continuity of proper maintenance of those portions of the open space requiring maintenance.
      (3)   The open space shall meet the following minimum dimensions, contiguity and connectivity requirements:
         A.   The required open space shall be centrally located, established along the street frontage of the development to protect or enhance views, located to preserve significant natural features, adjacent to dwellings, and/or located to interconnect other open spaces throughout the development or on contiguous properties.
         B.   Required open space areas shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of these regulations and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.
         C.   If the site contains a lake, stream or other body of water, the City may require that a portion of the required open space shall abut the body of water. 
         D.   All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents, visitors and other users of the development.  The minimum size of any individual open space area shall be sufficient to achieve the visual and functional intent of the open space provisions and not simply be a remnant piece of land; and, further provided, that the City Council, upon recommendation of the planning commission, may approve other open space areas designed and established as pedestrian or bicycle paths or are otherwise determined to be open space reasonably usable by residents, visitors and other users of the development. 
         E.   Open space areas are encouraged to be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths.
         F.   Grading in the open space shall be minimal, with the intent to preserve existing topography, trees and other natural features, where practical.
         G.   A sign, structure, or building may be erected within the required open space if it is determined to be accessory to a recreation or conservation use or an entryway. These accessory structure(s) or building(s), shall not exceed, in the aggregate, five percent (5%) of the open space area.  Accessory structures or uses of a significantly different scale or character than present in abutting residential districts shall not be located near the boundary of the development if they may negatively impact the residential use of adjacent lands. Pathways or sidewalks shall be exempt from this limitation.
         H.   The following areas shall not qualify as required common open space for the purposes of this section.
            i.   The area within any public street right-of-way.
            ii.   The area within private road easements.
            iii.   The area within a subdivision lot.
            iv.   Land within any required yard or setback area.
            v.   Parking and loading areas.
            vi.   Fifty percent (50%) of any easement for overhead utility lines.
            vii.   Fifty percent (50%) of any steep slopes (twelve percent (12%) or over).
            viii.   Seventy-five percent (75%) of any lake, stream, detention pond, wetlands or floodplain that is not generally accessible within the development.  Accessible shall mean that the feature is bordered by a substantial open space area, park, playground, pathway or reasonable means of access for enjoyment of all owners, visitors or others, in which case fifty percent (50%) of the area may qualify as required common open space.
            ix.   Fifty percent (50%) of the area of any golf course.
   (e)   Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the planned unit development and along all perimeter streets to ensure connectivity between uses and with adjacent properties.  Pathways and sidewalks shall be constructed in accordance with the City design standards.
(Ord. 4-21.  Passed 1-4-21.)