The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Block means an area delineated within a stage which is subdivided into lots for single units and individual ownership.

Common open space means a parcel of land or a combination of land and water within the site designated as a residential planned unit development and designed and intended for the use or enjoyment of residents of the residential planned unit development. Common open space shall be integrated throughout the residential planned unit development to provide for a linked recreational/open space system.

Developer means a person who owns land which is developed into a residential planned unit development and who is actually involved in the construction and creation of a residential planned unit development.

Development plan means the total site plan of the residential planned unit development drawn in conformity with this article. The development plan shall specify and clearly illustrate the location, relationship, design, nature and character of all primary uses, public and private easements, structures, parking areas, public and private roads and common open space.

Development schedule means a comprehensive statement showing the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A development schedule shall contain an exact description of the specific buildings, facilities, common open space and other improvements to be developed at the end of each time period.

Final development plan means the development plan approved by the city council and recorded with the clerk of the circuit court of the county according to this article.

Final development plan application means the application for approval of the final development plan and for approval of the required exhibits as specified in this article.

Lot means a portion of a block intended for the construction of one dwelling or the transfer of ownership or both.

Preliminary development plan means the development plan approved by the city council and filed with approval by the city of a residential planned unit development zone.

Preliminary development plan application means the application for approval of the use of a site as a residential planned unit development and for approval of the required exhibits as specified in this article.

Residential planned unit development or RPUD means an area of land developed as a single entity or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of residential uses and common open space.

Site means the actual physical area to be developed as a residential planned unit development, including the natural and created characteristics of the area.

Site plan means a detailed, dimensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a residential planned unit development.

Stage means a specified portion of the residential planned unit development that may be developed as an independent entity that is delineated in the preliminary and final development plan and specified within the development schedule.

Tract means an area delineated within a stage, except single unit lots, which is separate unto itself having a specific legal description of its boundaries. A tract will delineate all land uses, such as common open space, recreational area, residential areas, except single unit lots, and all other applicable areas.

(Code 1981, § 640.03)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

The residential planned unit development is a concept which encourages and permits variation in residential development by allowing deviation in lot size, bulk or type of dwellings, density, lot coverage and open space from that required in any one residential land use classification under this chapter. The purpose of an RPUD is to encourage the development of planned residential neighborhoods and communities that provide a full range of residence types designed to serve the inhabitants of the RPUD. It is recognized that only through ingenuity, imagination and flexibility can residential developments be produced which are in keeping with the intent of this section, while departing from the strict application of conventional use and dimension requirements of other zoning districts of the city.

(b)

This article is intended to establish procedures and standards for residential planned unit developments within the city, in order that the following objectives may be attained:

(1)

Accumulation of large areas of usable open spaces for the preservation of natural amenities.

(2)

Flexibility in design to take the greatest advantage of natural land, trees, historical and other features.

(3)

Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units.

(4)

Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the city.

(5)

Efficient use of land which may result in smaller street and utility networks and reduce development costs.

(6)

Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the city of proposed land use, site consideration, lot and setback considerations, public needs and requirements and health and safety factors.

(Code 1981, § 640.01)

Uses permitted in the residential planned unit development may include and shall be limited to the following:

(1)

Single-family detached dwelling units.

(2)

Multi-family residential dwelling units, including apartments, in semi-detached, attached and multi-storied structures.

(Code 1981, § 640.05)

(a)

In the residential planned unit development, all common facilities shall be maintained for their intended purpose as expressed in the final development plan. One of the following methods or a combination of the following methods shall be utilized for maintaining common facilities:

(1)

Public dedication to the city. This method is subject to formal acceptance by the city in its sole discretion.

(2)

Establishment of an association or nonprofit corporation of all persons owning property within the residential planned unit development to ensure the maintenance of all common facilities.

(3)

Retention of ownership, control and maintenance of common facilities by the developer.

(b)

A privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. The deed restrictions shall run with the land and be for the benefit of property owners and shall contain a prohibition against partition.

(c)

All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(d)

If the developer elects to administer common open space through an association or nonprofit corporation, the organization shall conform to the following:

(1)

The developer must establish the association or nonprofit corporation prior to the sale of any lots, parcels, tracts or dwelling units.

(2)

Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the residential planned unit development, and the association or corporation shall not discriminate in its members or shareholders.

(3)

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of the land and any other land within the residential planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land.

(4)

If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space or appropriate shares in the association.

(5)

The developer shall turn over control of the association in an orderly manner consistent with F.S. ch. 718 regulating condominium associations, as though it were a condominium development.

(Code 1981, § 640.07)

The city shall have the right to evaluate the physical layout, architectural characteristics and amenities of the residential planned unit development and to suggest changes or modifications designed to create compatibility and conformity in the variety of uses within the development to ensure, protect and promote the health, safety and general welfare of the property owners of the residential planned unit development and the residents of the city.

(Code 1981, § 640.17)

No building permit for a residential planned unit development shall be issued by the city until the final development plan and the applicable site plan have been approved and duly recorded and until all required fees have been paid.

(Code 1981, § 640.19)

(a)

Prior to the commencement of construction within a tract or block of a residential planned unit development, the developer shall file with the city the following contracts and bonds:

(1)

A performance, labor and material payment bond for the completion of the construction within one year from the date of commencement of construction of all public improvements specified in the final development plan.

(2)

A performance, labor and material payment bond for the completion of the construction within one year from the date of commencement of construction of all common open areas designated in the final development plan.

(3)

A maintenance warranty bond in the amount of ten percent of the total cost of the construction of all public improvements to be in force for a period of two years following acceptance by the city of the final construction of public improvements.

(4)

In lieu of any bond, the developer may use an escrow account to ensure the performance of the construction as planned if such account and the administration thereof is approved by the city council.

(b)

Performance bonds may only be accepted for public improvements or for the following private improvements: streets, drainage and common usable open space. All such bonds shall be from a company licensed as a surety in the state, listed by the U.S. Treasury Department and rated A:AAA in Best's Insurance Guide. Upon acceptance of all improvements described in subsections (a)(1) and (2) of this section, the performance and payment bonds shall be released.

(c)

All of the sections relating to bonding contained in chapter 98 of this Code pertaining to subdivisions shall be fully applicable to the bonds required under this section.

(Code 1981, § 640.21)

(a)

Any owner of all or a portion of land that has been designated a residential planned unit development under this article can apply to the city for the termination of that portion of a stage within an approved final development plan within which his property is located if construction has not been commenced pursuant to the final development plan. The procedure for termination shall be that applicable to a land use classification change under this chapter.

(b)

Failure of the developer to submit a final development plan for the entire development or a stage within the time periods specified in section 110-421 shall automatically revoke approval of the complete preliminary development plan filed under section 110-422 and the site shall revert to the previous zoning classification and the official zoning map shall be changed accordingly to reflect such revocation.

(Code 1981, § 640.23)

In addition to any other method of enforcement, the city shall have the power to enforce this article by an appropriate suit in equity.

(Code 1981, § 640.25)

The application sequence and nomenclature for each application level for a residential planned unit development shall take the form as follows. These outlines reflect the procedures for preliminary plan application and final plan application (this outline shows a two-stage example):

(1)

Preliminary development plan.

(2)

Final development plan.

a.

Stage one.

1.

Stage one, tract A site plan.

2.

Stage one, tract B site plan.

3.

Stage one, tract F site plan.

b.

Stage two.

1.

Stage two, tract E site plan.

2.

Stage two, tract C site plan.

3.

Stage two, tract D site plan.

(Code 1981, § 640.11)

(a)

Tentative development plan. Before submission of a preliminary application for approval as a residential planned unit development zone, the developer and his registered engineer, architect and site planner are encouraged to meet with the building official and such other personnel as necessary to determine the feasibility and suitability of his application. This step is encouraged so that the developer may obtain information and guidance from city personnel before entering into any binding commitments or incurring substantial expenses of site plan preparation.

(b)

Preliminary development plan application.

(1)

Preliminary application. A preliminary application shall be submitted to the planning and zoning board by the developer requesting approval of the site as a residential planned unit development zone. See subsection (b)(3) of this section. The preliminary application shall contain the name of the developer, surveyor and engineer who prepared the development plan and topographic data map and the name of the proposed residential planned unit development.

(2)

Exhibits. The following exhibits shall be attached to the preliminary application:

a.

Vicinity map indicating the relationship between the residential planned unit development and its surrounding area, including adjacent streets and thoroughfares.

b.

Development plan that shall contain but not be limited to the following information:

1.

Proposed name or title of project and the name of the engineer, architect and developer.

2.

North arrow, scale of one inch to 200 feet or larger, date and legal description of the proposed site.

3.

Boundaries of tract shown with bearings, distances, closures and bulkhead lines. All existing easements, section lines and all existing streets and physical features in and adjoining the project and the existing zoning.

4.

Name and location of adjoining developments and subdivisions.

5.

Proposed parks, school sites or other public or private open space.

6.

Vehicular and pedestrian circulation systems, including offstreet parking and loading areas, driveways and access points.

7.

Site data, including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary nonresidential uses and the total number of dwelling units.

8.

Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the percent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the site plan.

9.

Delineation of specific areas designated as a proposed stage.

10.

General statement, including graphics, indicating proposed corridors of drainage and direction, natural drainage areas, specific areas which are to function as retention lakes or ponds, anticipated method for accommodating runoff (curb and gutter, swales, other) and treatment methods for discharge into area waterways for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area.

11.

General location within the site of each primary residential and secondary nonresidential use and the proposed amount of land to be devoted to individual ownership.

12.

Schematic drawing of the elevation and architectural construction of the proposed primary and secondary nonresidential structures.

13.

The proposed method of dedication and administration of proposed common open space.

c.

Topographic data map drawn to a scale of 200 feet to one inch or larger by a registered surveyor or engineer showing the following:

1.

The location of existing property lines both for private property and public property, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drainpipes, water mains and any public utility easements.

2.

Wooded areas, streams, lakes, marshes and any physical conditions affecting the site.

3.

Existing contours based on U.S. coast and geodetic data with a contour interval of two feet and proposed finished elevations.

(3)

Submittal.

a.

The residential planned unit development zoning application and preliminary development plan shall be submitted to the planning and zoning board at least 45 days prior to any regularly scheduled meeting of the board.

b.

The application shall include six black or blue line prints of the development plan of the proposed residential planned unit development and a minimum of two copies of the required exhibits.

(4)

Application review. The preliminary development plan shall be reviewed formally by the building official and city council to determine the feasibility and suitability of the plan prior to the submission of the residential planned unit development zoning application to the planning and zoning board. The planning and zoning board shall then review the preliminary development plan to determine its conformity with the official plans and policies of the city and the requirements of this section. Upon completion of its review, the planning and zoning board shall recommend to the city council the approval, approval subject to conditions or disapproval of the preliminary development plan application.

(5)

Review criteria. The decision of the planning and zoning board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the planning and zoning board shall consider the following facts:

a.

Degree of departure of proposed residential planned unit development from surrounding residential areas in terms of character and density.

b.

Compatibility within the residential planned unit development and relationship with surrounding neighborhoods.

c.

Prevention of erosion and degrading of surrounding areas.

d.

Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation, as shown in the preliminary development plan.

e.

The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space.

f.

The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development.

g.

The availability and adequacy of water and sewer service to support the proposed residential planned unit development.

h.

The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed residential planned unit development.

i.

The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a residential planned unit development classification.

j.

The conformity and compatibility of the residential planned unit development with any adopted development plan of the city.

k.

The conformity and compatibility of the proposed common open space, primary residential and secondary nonresidential uses within the proposed residential planned unit development.

(6)

Review by city council. Upon receiving the recommendation of the planning and zoning board, the city council shall, at a regularly scheduled meeting, review the recommendation and preliminary development plan and either approve, approve subject to conditions or disapprove the preliminary development plan application. Approval of the preliminary development plan indicates approval of the residential planned unit development zoning, subject to acceptance of the final development plan. The decision of the city council shall be based upon a consideration of the facts specified as review criteria for the planning and zoning board in subsection (b)(5) of this section.

(7)

Recordation of preliminary application. If the preliminary development plan application is approved by the city council, a copy of the application and required exhibits shall be filed with the city clerk as a permanent record.

(Code 1981, § 640.13)

(a)

Time limits. The developer shall have two years from the approval of the preliminary development plan for a residential planned unit development zone in which to file a final development plan application for the entire property or any stage thereof. At the request of the developer and for good cause shown, the city council may extend the period required for filing the application for a time certain.

(b)

Application procedure.

(1)

Preapplication conference. The applicant shall meet with the building department to discuss the basic final development plan requirements outlined in this division before submittal of the final development plan.

(2)

Submittal. The final development plan shall be submitted to the planning and zoning board at least 45 days prior to any regularly scheduled meeting of the board.

(3)

Recommendation. The planning and zoning board shall recommend the approval, approval subject to conditions or disapproval of the final development plan based upon substantial conformity with the preliminary development plan, the sufficiency and accurateness of the required exhibits and the requirements and purposes of this division and the ordinances and regulations of the city. If the planning and zoning board determines that the final development plan is not substantially in conformance with the approved preliminary development plan, the planning and zoning board shall review the final development plan and determine the acceptability of the plan in view of the preliminary concept as approved and recorded. The planning and zoning board shall recommend the approval, approval subject to change or disapproval of the final development plan.

(4)

Review. The city council shall review the recommendations of the planning and zoning board at a regular meeting of the city council and shall approve, approve subject to conditions or disapprove the applicable final development plan.

(c)

Request for approval; exhibits; recording; site plan. The final development plan application may request approval for the entire residential planned unit development or any stage designated in the preliminary development plan containing a minimum of ten acres.

(1)

Exhibits. The following exhibits shall be attached to the final development plan application:

a.

The following engineering drawings depicting the detailed plans for services and utilities to serve all tracts, blocks and other areas shall be provided.

1.

The drainage plan shall indicate:

i.

One-foot interval contours based upon coast and geodetic datum.

ii.

Proposed finished elevation of each building site and first floor level.

iii.

All existing and proposed drainage control and treatment facilities, including the method for nonpoint pollution source treatment, with sizes, grades and other appropriate structural or nonstructural specification.

iv.

Proposed orderly disposal of surface water runoff.

v.

Centerline elevations along adjacent streets.

2.

If deemed necessary by the city, subsurface conditions within the property, including the location and results of tests made to ascertain the conditions of subsurface soil, rock and groundwater, and the existing depth of groundwater.

3.

Typical cross section of proposed grading, streets and sidewalks, swales, retention ponds and lakes, canals and waterways.

4.

Proposed type of pavement in accordance with city specifications.

5.

Layout of water distribution, sanitary sewer and storm drainage systems, with grades and sizes indicated.

6.

Final engineering drawing of water, sanitary sewer and storm drainage systems and sidewalks, streets, bulkheads, street name signs and adequate lighting.

The engineering plans shall be in conformity with the requirements and specifications of the city. All dimensions shall be one inch equals 50 feet and all angles shall be to the nearest minute.

b.

The final development plan shall contain the following information:

1.

Dedication by owner and completion of certificate of surveyor.

2.

The location and dimensions of each primary residential, secondary nonresidential and open space/recreational tract, including each tract's points of ingress and egress. The legal description of each of such tracts and the specific number of units, including the range of unit types to be constructed within each tract. These items will be affixed to the original linen drawing for recording purposes.

3.

Location and width of canals and waterways.

4.

The location, dimensions and legal description of each reservation, easement, street or any area to be dedicated to public use.

5.

Sufficient data to determine readily and reproduce on the site the location, bearing and length of every street, line, lot line, boundary line, block line and tract line, whether curved or straight.

6.

The radius, central angle, point of tangent, tangent distance and arcs and chords of all curved property lines.

7.

A legal description of the residential planned unit development boundaries, with bearings, distances and tie point.

8.

Accurate location and description of all monuments and markers.

An original linen drawing in India ink of the final development plan shall be filed plus five black or blue line prints. All dimensions should be one inch equals 100 feet, and angles shall be to the nearest second. The final development plan shall be properly signed and executed by the developer as required for recording. The final development plan shall meet the platting requirements of F.S. ch. 177 and all requirements and conditions applicable to city subdivision plats required to be performed or met prior to recordation, including but not limited to installation and completion of improvements or posting of applicable performance and maintenance bonds.

c.

The development schedule shall contain the following information:

1.

The order of construction of the tracts and blocks as delineated in the stage development plan.

2.

The proposed dates for the beginning of construction of the tracts and blocks.

3.

The proposed date for the completion of construction of the tracts and blocks.

4.

The proposed schedule for the construction and improvement of common open space with the stage, including any complementary buildings.

d.

Deed restriction proposals to preserve the character of the common open space as set forth in this subsection. The deed restrictions shall include a prohibition against partition by any residential property owner.

e.

If the developer elects to use an association or a nonprofit corporation to administer common open space, the proposed bylaws of the association or the certificate of incorporation and the corporate bylaws of the nonprofit corporation shall be submitted for approval by the city.

f.

Instruments dedicating all rights-of-way, easements and other public lands shown on the final development plan from all persons having any interest in the land.

g.

A bill of sale, conveying to the applicable authority water and sewer utility lines, mains, lift stations and other personal property required to be installed by this division.

h.

Instruments indicating that all necessary offsite easements or dedications have been acquired. In lieu of originals, certified true copies will be accepted if the recording information from the public records of the county is included thereon.

i.

A title opinion from an attorney showing the status of the title to the site encompassed by the final development plan and all liens, encumbrances and defects, if any.

(2)

Recording. Recording of final development plan shall be as follows:

a.

After approval by the city council of the final development plan application, the developer shall record the plan in the public records of the county. No final development plan of a residential planned unit development within the city shall be recorded, unless it shall have the approval of the city council inscribed thereon.

b.

The transfer of, sale of, agreement to sell, negotiation to sell land by reference to or exhibition of or other use of a final development plan of a residential planned unit development or portion thereof that has not been given final approval by the city council is prohibited. The description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from such prohibition.

(3)

Site plans. Submittal and approval of a site plan in conformity with this subsection shall be required of the developer or owner at the same time he is applying for a final development plan.

a.

The site plan shall contain the following information, however, the information required may not be limited to these information items. No site plan shall be accepted for review which does not contain all the information as follows:

1.

The site plan shall have a title affixed which is consistent with the application nomenclature outlined in section 110-422.

2.

The name of the owner and the designer, engineer and architect responsible for the design of the proposed tract development.

3.

For each tract site plan, a vicinity map indicating the tract's general location within the total area of the residential planned unit development.

4.

Special requirements specified at either the preliminary or final development plan application steps, if any.

5.

Date, north arrow and graphic scale, not less than one inch equals 50 feet.

6.

A tabulation of certain data as follows:

i.

Gross acreage.

ii.

Density.

iii.

Number of units proposed.

iv.

Percent of the tract covered by structures.

v.

Floor area of dwelling units.

vi.

Number of proposed parking spaces.

7.

Location of the tract in relation to properties adjacent to it which are not part of the residential planned unit development and the location of any screening or buffers on such properties.

8.

Location and dimensions of all property lines, existing rights-of-way, utility drainage easements and existing streets.

9.

Location and dimension of all existing and proposed pavement driveway approaches, sidewalks, bikeways, curbs and gutters.

10.

Location and dimension of all existing and proposed parking areas and loading areas.

11.

Location and dimensions of all existing and proposed fire hydrants, meters, water and sewer lines and subsurface power lines.

12.

Location, size and design of landscaped areas, including any existing trees.

13.

Location and size of any lakes, ponds, canals or other waters or waterways.

14.

All structures and major features fully dimensioned, including setbacks and distances between structures.

15.

Location and dimensions of all solid waste disposal sites for placement of receptacles.

16.

Engineering plans as described in the final development plan procedures. The drainage plan shall be consistent with the overall drainage plan approval for the final development plan.

b.

The city council shall approve a residential planned unit development site plan if it meets all the requirements stated in this subsection and is consistent with the approved final development plan. Upon the site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the associated specifications. If after such approval the owner or applicant or his successors desire to make any changes to the site plan, such changes shall first be submitted to the building official. If the building official deems that there is a substantial change or deviation from that which is shown on the approved site plan, the owner or applicant or his successors shall be required to return to the planning and zoning board and the city council where it is determined that the public interest warrants the return. Upon final approval of the site plan, a designation of such approval shall be incorporated on the official zoning map of the city, and the approval shall become a binding condition on the use of the land encompassed by the approved site plan under the applicable residential planned unit development zone.

c.

Upon approval of the final development plan, the developer may sell or transfer any separately identified parcel or tract of land within the boundaries of the final development plan not designated as common open space or areas specified for the use of all owners within the residential planned unit development.

(Code 1981, § 640.15)

The minimum size for a residential planned unit development shall be ten acres.

(Code 1981, § 640.09(A))

(a)

The average density permitted in each residential planned unit development shall be established by the city council, upon recommendation of the planning and zoning board. The criteria for establishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics and the recommended density of any land use involving the area in question. In no case shall maximum density permitted exceed 15 dwelling units per acre, and in no case shall the overall number of dwelling units permitted in the residential planned unit development be inordinately allocated to any particular portion of the total site area.

(b)

If a developer elects to develop the property in stages, the cumulative density with each subsequent stage must be approximately the same as the overall density approved for the entire project, in that such cumulative density shall not vary upward more than two units per acre and that upon completion of all stages the final density shall be equal to the density approved in the preliminary development plan.

(Code 1981, § 640.09(B))

(a)

As used in this section, the term "common recreation and open space" means the total amount of improved usable area, including outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the residential planned unit development.

(b)

Twenty-five percent of the gross site acreage shall be delineated as tracts for common recreation and open space.

(c)

Common open space shall be integrated throughout the residential planned unit development to provide for a linked recreational and open space system. Such usable space may be in the form of active or passive recreation areas, including but not limited to: playgrounds, golf courses, beach frontage, nature trails and lakes. Common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the residential planned unit development. Easements, parking areas, perimeter setback areas, road rights-of-way and minimum yards and minimum spacings between dwelling units may not be included in determining open space. Perimeter setback areas may be included as open space if improvements such as bikeways and pedestrianways are provided. Water bodies may be used to partially fulfill common open space requirements; calculations for such may not exceed 50 percent of the required open space. The exclusion of water bodies which are in whole or part drainage easements may be waived by the city council after adequate measures are provided which guarantee in perpetuity a level of water quality acceptable for recreational purposes. Private navigable canals shall not be utilized in fulfilling the common open space requirement. If golf courses are used to partially fulfill common open space requirements, calculations for such may not exceed 60 percent of the required open space. Where a golf course is utilized to partially fulfill the open space requirement, other facilities to meet the active residential needs of children and adults shall be provided. All water areas included as part of the open space requirement shall be permanent water bodies and shall be improved with 3:1 minimum sloped edge extending at least 20 feet into the water areas and planted with grass and maintained around all sides so as not to harbor mosquitoes, insects and rodents, unless it is determined by an environmental review of the water body that such slope or improvements would be detrimental to the ecology of such water body site.

(Code 1981, § 640.09(C))

(a)

The minimum lot size for a detached single-family structure in the residential planned unit development shall be an area not less than 6,000 square feet and having a width of not less than 60 feet. The minimum lot size may be waived by the city council if the proposed lots all have substantial relationship to the common open space (e.g., directly adjacent or abut a common open space area) and the arrangement of dwelling units provides for adequate separation of units and the living area of the dwelling units is properly related to the configuration of the proposed lots. All lots to be platted at less than 7,500 square feet shall have the location of structures set forth on the final development plan.

(b)

Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via paved road, pedestrianway, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The city shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area to meet emergency needs, to conduct city services and to generally ensure the health and safety of the residents of the residential planned unit development.

(c)

Minimum distances between structures and setbacks shall be as follows:

(1)

For a single-family detached structure, the structure shall set back not less than eight feet from the side lot lines and not less than 15 feet from the rear lot line. On a corner lot, the side street setback shall be not less than 25 feet. The city council may, upon recommendation of planning and zoning board, reduce the required side setbacks and the distances between structures, provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot, to provide the usage of zero lot line application and other innovative building techniques.

(2)

Between structures of two stories or less, 15 feet.

(3)

Between structures of three stories, 20 feet.

(4)

Between structures of four stories, 25 feet.

(5)

Between structures over four stories, five feet for each additional story.

(6)

Between structures of varying heights, the larger distance separation shall be required.

Buildings shall not exceed the maximum height allowed in the zoning district in which they are constructed.

(d)

Setbacks required between the nearest part of any building wall and the edge of any public right-of-way or private street pavement shall be 25 feet, unless waived by the city council based on the recommendation of the planning and zoning board. A minimum 25-foot setback shall be maintained between the walls of all structures and the property line along the perimeter of the residential planned unit development, unless waived by the city council.

(e)

On property bordering the ocean, a minimum of 25 percent of the frontage shall be left open as breezeway.

(f)

On property bordering the ocean, all structures shall be set back at least 50 feet from the bluff line or vegetation line, whichever is greater, provided such setback is also subject to the coastal setback line established by the state department of environmental protection. On all property bordering other major waterways, all structures shall be setback at least 25 feet from the established shoreline. This setback shall be free of all uses.

(Code 1981, § 640.09(D))

In a residential planned unit development, the maximum length of a structure shall be 185 feet, unless an excess is specifically authorized by the city council, as recommended by the planning and zoning board.

(Code 1981, § 640.09(E))

In a residential planned unit development, the minimum floor area per unit shall be as follows:

(1)

Single-family dwellings, attached or detached, unless waived by city council, 1,100 square feet.

(2)

Duplex, 750 square feet.

(3)

Multi-family dwellings:

a.

Efficiency, 450 square feet.

b.

One bedroom, 650 square feet.

c.

Two bedrooms, 750 square feet.

d.

Three bedrooms, 950 square feet.

(Code 1981, § 640.09(F))

In a residential planned unit development, offstreet parking shall be provided as follows:

(1)

For primary residential uses, a minimum of three parking spaces per dwelling unit shall be provided, unless a reduction in parking is specifically authorized by the city council as recommended by the planning and zoning board. Each space must contain at least 180 square feet of area, shall conform to offstreet parking dimensional requirements as set forth in section 110-494, and shall be convenient to residential use. Parking areas shall not be separated from associated structures by any public right-of-way. Parking areas shall be landscaped in accordance with section 110-567.

(2)

Where the residential planned unit development consists of single-family detached dwellings on platted lots of less than 6,600 square feet, the developer may be required to provide an approved designated common area for the parking of campers, travel trailers, recreational trailers and vehicles, boats and boat trailers and other similar vehicles.

(Code 1981, § 640.09(G); Ord. No. 04-2017, § 2, 4-18-17)

(a)

Within the residential planned unit development, all utilities, including telephone, television cable and electrical systems, shall be installed underground. Primary facilities providing service to the site of the residential planned unit development may be exempted from this subsection. Large transformers shall be placed on the ground and shall be contained within pad mounts, enclosures or vaults.

(b)

The developer must provide landscaping with shrubs and plants to screen all utility facilities permitted above ground. The planning and zoning board may require that substations be screened by trees and shrubs or walls resembling a structure which is compatible with the design of the buildings within the residential planned unit development.

(Code 1981, § 640.09(H))

The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage in the residential planned unit development shall be in compliance with the requirements of this chapter and chapter 82 pertaining to buildings. Design requirements with respect to streets, sidewalks and drainage may be waived by the city council upon the recommendation of the planning and zoning board.

(Code 1981, § 640.09(I))

Within the residential planned unit development, trees shall be preserved in accordance with section 102-36 et seq.

(Code 1981, § 640.09(J))