§ 153.241 GENERAL PROVISIONS.
   (A)   No non-single-family residential development falling into the following categories shall be permitted unless approved as a planned unit development in accordance with the zoning ordinance.
      (1)   All developments located between 122nd Street and 124th Street and having a Harlem Avenue frontage of 100 feet or more.
      (2)   All developments within the Harlem Avenue Overlay District having a lot area of one acre or greater.
      (3)   All developments not within the Harlem Avenue Overlay District having an area of two acres or greater.
   (B)   Each planned unit development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a planned unit development upon an already existing planned unit development except to the extent such planned unit development has been approved as part of a larger planned unit development master plan.
   (C)   The burden of providing evidence and persuasion that any planned unit development is necessary and desirable shall in every case rest with the applicant.
   (D)   Buildings and uses or combinations of uses within a planned unit development shall be limited solely to those approved as part of the ordinance granting a planned unit development permit provided, however, that any buildings and uses or combinations of uses in compliance with a development plan approved as part of the ordinance granting a planned unit development permit may be approved by the city council.
(Ord. O-37-15, passed 10-6-15)