§ 153.101 REQUIREMENTS.
   (A)   Ownership. The tract shall be a development of land under unified control at the time of application, planned and scheduled to be developed as a whole. However, no authorizations or permits shall be granted for the development unless the applicant has acquired actual ownership of or executed a binding sales contract for all of the property comprising the tract. For purposes of this subchapter, ownership shall include a lease of not less than 50 years’ duration. The term “single ownership” shall include a single owner, or a group of land owners, acting through a corporation, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record the covenants, easements and other provisions with the County Recorder at the appropriate time.
   (B)   Minimum size. No planned unit development shall consist of less than one-half acre of contiguous land; provided that, a public street, public highway or easements for drainage or utility purposes shall not prevent the land from being considered “contiguous”.
   (C)   Comprehensive Plan. The development shall be planned so that it is consistent with the Comprehensive Plan for the community.
   (D)   Harmony. The planned unit development shall be planned and developed to harmonize with any existing or imminent development in the area surrounding the project site.
   (E)   Financing. The financing for the project shall be proven to be available to the applicant on conditions and in amounts which are sufficient to assure completion of the planned unit development.
   (F)   Permitted uses.
      (1)   These may include and shall be limited to:
         (a)   Dwelling units in detached, semi-detached, attached groups of attached, clustered or multi-storied structures, or any combination thereof;
         (b)   Any non-residential use, to the extent the non-residential use is designed and intended to serve the residents of the planned unit development, and other uses as exist or may reasonably be expected to exist in the future; and
         (c)   Public and private education facilities.
      (2)   In a planned unit development designed primarily for other than uses permitted above, the uses shall be limited to those permitted in the zoning district in which the use is located.
   (G)   Recreational space. A minimum of 5% of the total area of a planned unit development shall be set aside for recreational use. The use should be effectively separated from automobile traffic and parking and be readily accessible; the term “recreational use” shall not include space devoted to streets and parking.
   (H)   Density. For planned residential developments proposed in existing residential zones, an increase in density may be allowed based on Planning Commission and staff evaluation of design excellence, landscaping and distinctiveness in site work. The actual amount of density increase shall be a matter of negotiation between the city and landowner, following review of the preliminary plan in which an initial density is proposed. In recognizing that the planned unit development process is designed to encourage flexibility and innovative planning and design exercises, it becomes a matter of benefit to both landowner and community to agree upon an appropriate density having economic, aesthetic and practical value. It is intended that the city be the arbiter in all cases where density increase is proposed.
(Prior Code, § 11.11)