§ 6.02.04 OPEN SPACE.
   (A)   Each planned development shall contain open space in the following percentages of the overall area of the Planned Unit Development that shall be computed based upon the number of dwellings per gross acre of planned development shown in Table 6-1.
 
Table 6-2 Required Open Space in Planned Unit Developments
Number of Dwelling Units per Gross Acre
Minimum Percentage of Open Space
3 units or less
10
4 to 6 units
20
7 to 8 units
30
 
   (B)   Open space is defined as that land designated on the plat as being for the use, benefit and enjoyment of the residents of the planned unit development. The open space shall be set aside for the use, benefit and enjoyment of all residents of the planned unit development, and shall either be dedicated to the private use of residents of the planned unit development or conveyed to the owner’s association or similar resident’s association for ownership, use and management. Land that is restricted in any way so as to be for the use, benefit or enjoyment of a select group within the planned unit development shall not qualify as open space.
   (C)   To qualify as open space, land shall have a minimum width of 24 feet excluding street rights-of-way, drives, parking areas or structures other than recreational structures. Street rights-of-way, drives, parking areas and central water and sewer systems may qualify as open space and be counted towards the percentage of open space required for each development; provided, that street rights-of-way, drives, parking areas, and water and central sewage systems shall not comprise more than 33-1/3% of the required open spaces for each development unless the percentage is varied or waived by the Board of Aldermen upon recommendation by the Planning Board.
   (D)   Required natural area: nothing in this section shall change, modify or repeal the requirements of §§ 2.06.09 or 7.05(G) related to dunes and vegetation protection with regard to the percentage of each tract or lot that must be retained in its natural state.
   (E)   Dimension requirements:
      (1)   A 15-foot setback shall be required along all peripheral boundaries of a planned unit development. A building, whether it is a principal or accessory building, shall not encroach upon this required setback distance.
      (2)   Side or rear setbacks for single-family detached dwellings. A zero side or rear yard setback within the PUD, where the side or rear building line is on the side or rear lot line, may be permitted on one side or rear of each lot subject to the following provisions:
         (a)   Any wall constructed on the side or rear lot lines shall be a solid, windowless, doorless wall. If there is an offset of the wall from the lot line, such offset shall be a solid, windowless, doorless wall or be located the applicable setback distance from the side or rear lot line as applicable as required by this ordinance for the zoning district in which the property is located.
         (b)   The minimum building separation for the side or rear yard opposite the zero rear lot line shall be either a minimum building separation of 15 feet from the side of the adjacent dwelling if then constructed, or a minimum 15-foot building setback line from the adjoining side or rear lot line, whichever is greater. This 15-foot area shall be subject to all the requirements and conditions of the unified development ordinance normally applied to side or rear yards for buildings within the zoning district in which the property is located.
         (c)   A five-foot maintenance easement with a maximum eave encroachment easement of two feet within the maintenance easement shall be established in the deed restrictions and covenants of the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance.
         (d)   Preliminary and final site development plans shall indicate the proposed location and configuration of dwellings, driveways and parking arrangements for each lot. In addition, a draft of proposed encroachment and maintenance easement shall be submitted for review and approval.
         (e)   All remaining yards shall have a minimum 15-foot building setback.
   (F)   Water supply and sewage service: central water supply and public sewer service connection shall be required for all units, and the same shall be approved, constructed, completed and maintained in accordance with the requirements of the appropriate water or sewer agency.
   (G)   Primary vehicular access: primary vehicular access to the planned unit development shall be from a public street.
   (H)   Building height: no building shall exceed the maximum height allowed.
(Ord. passed 11-2-2011)