(A) A planned unit development is a project which is at least 40,000 square feet gross acres in size to be located on land under unified control, planned as a whole and developed in a single development operation or in a definitely programmed series of units or stages of development according to comprehensive and detailed plans, with a program for the provision, operation and maintenance of any areas, improvements and facilities provided for the common use of the occupants or users of the development.
(B) A planned unit development may contain any of the permitted or conditional uses listed for the R-1, R-2 and R-3 Districts, subjected to approval of the plans by the Town Board. Dimensional requirements for single-family dwellings within a planned unit development shall be as indicated in § 152.028. Overall density in a planned unit development shall not exceed two dwelling units per acre in the R-A and R-1 Districts, three dwelling units per gross acre in the R-2 District, and four dwelling units per gross acre in the R-3 District. Dimensional and density requirements for multi-family dwellings and townhouses in a planned unit development shall be as indicated for multi-family dwellings and townhouses in § 152.028 and in this section. No individual subdivision, section, development or development phase within a planned unit development shall exceed ten dwelling units per gross acre. Dimensional requirements for nonresidential uses in a planned unit development shall be those listed for other principal uses in § 152.028 for the district in which the planned unit development is located. Shopping centers and neighborhood businesses are also permitted in a planned unit development. Uses allowed in such shopping centers and/or businesses are: grocery stores, drugstores, laundry and dry cleaning establishments, shoe repair shops, offices, gift shops, card shops, camera and photography shops, barber and beauty shops and restaurants. Shopping centers in planned unit developments must meet the requirements for shopping centers in this section.
(C) In addition to the uses allowed in the R-2 and R-3 Districts and shopping centers, the following uses are allowed in planned unit developments, provided that the applicant shall establish setback lines for these uses which shall be recorded in the Register of Deeds’ office, and shall include regulations for accessory building uses. The setback lines shall be recorded in the Register of Deeds’ office with the subdivision plats, or separately if the property is not a subdivision. The regulations for accessory buildings and uses shall be included within the restrictive covenants for the planned unit developments. These setbacks and rules when approved as part of the special use permit shall apply instead of the dimensional requirements and requirements concerning accessory buildings and uses in this section.
(1) Clustered detached single-family dwellings are dwellings in which the lot size for each individual dwelling may be reduced, but may not be less than 6,000 square feet, provided that the difference between the required dimensions for the district, as indicated in § 152.028 and the reduced dimensions, is dedicated to a homeowners’ association as common open space.
(2) Zero lot line dwellings are detached single-family dwellings on lots without a side yard requirement on one side of the lot. The lot for a zero lot line dwelling may be reduced, but may not be less than 6,000 square feet, provided that the difference between the required dimensions for the district, as indicated in § 152.028, and the reduced dimensions is dedicated to a homeowners’ association as common open space.
(D) In planned unit development projects, 25% or more of the land acre shall be reserved as common open space. Common areas and common open space shall be deeded to a homeowners’ association, and the developer or owner shall file with the Zoning Administrator, and record in the County Register of Deeds’ office a declaration of covenants and restrictions, as well as regulations and bylaws that will govern the open space. Provisions shall include but not be limited to the following.
(1) The association shall be established before the homes, buildings or uses are sold.
(2) Membership shall be mandatory for each buyer and all successive buyers, unless another arrangement is approved by the Town Board which adequately protects the interests of the community and the owners.
(3) The association shall be responsible for the liability insurance, local taxes and maintenance of recreation and other facilities.
(4) Any sums levied by the association that remain unpaid shall become a lien on the individual owner’s property, which shall be subordinate only to tax and mortgage liens unless another arrangement is approved by the Town Board which adequately protects the interests of the town and the owners.
(5) An owner of each dwelling unit or each homeowner or other building owner shall have voting rights in an association.
(6) Uses of common property shall be appropriately limited.
(7) The following information shall also be provided:
(a) The name of the association;
(b) The manner in which directions of the association are to be selected;
(c) The post office address of the initial registered office;
(d) The name of the city and county in which the registered office is located; and
(e) The number of directors constituting the initial Board of Directors.
(E) In a planned unit development project, a residential use area shall be established along the boundaries of each planned unit development tract for a distance of not less than 50 feet extending inward from the tract boundary. This distance of not less than 50 feet can be filled with:
(1) Houses with the same density as that required in the adjoining residential district;
(2) An open space buffer; or
(3) A buffer strip as defined in § 152.046.
(1992 Code, § 152.060) (Ord. passed 11- -1988) Penalty, see § 152.999