The regulations established in this article are intended to provide optional methods of land development which encourage more imaginative solutions to design problems. Residential areas thus established would be characterized by unified building and site development program, open space for recreation, and the provision for promotional religious, educational and cultural facilities which are integrated with the total project. The planned unit residential development is permitted in an R-3 Residential District and must have a minimum of five acres or more.

(Code 1988, § 9-144; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following uses are permitted:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings.

(3)

Townhouses in accordance with division 4 of article VII of this chapter.

(4)

Condominiums, in accordance with division 3 of article VII of this chapter.

(5)

Multiple-family dwellings.

(6)

Nursing homes and retirement home projects.

(7)

Retail stores, convenience shops, personal service type establishments, restaurants, food and drug stores.

(8)

General service facilities.

(9)

Banks.

(10)

Barbershops, beauty parlors, chiropody, or similar personal service shops.

(11)

Greenhouses and nurseries.

(12)

Recreational uses, including community centers, golf courses, swimming pools, parks, playgrounds or any other public recreational uses.

(13)

Community facilities such as churches and other religious institutions.

(14)

Physician's offices.

(15)

Public utilities, as defined.

(16)

Accessory uses and buildings incidental to the principal use.

(Code 1988, § 9-145; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

No more than ten percent of the gross development area may be set aside and used for commercial purposes.

(Code 1988, § 9-146; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The overall density shall not exceed ten dwelling units per net development acre. Net development acreage is determined by subtracting the area set aside for churches, schools, commercial uses and streets right-of-way from the gross development area. Any land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.

(Code 1988, § 9-147; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The minimum size of any planned unit development shall be five acres.

(Code 1988, § 9-148; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

There shall be no minimum lot size, no frontage requirements, no minimum depth, front setbacks, side or rear yard requirements nor coverage maximums.

(Code 1988, § 9-149; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Off-street parking for any planned unit development shall be as regulated in article VIII of this chapter.

(Code 1988, § 9-150; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Lots are not required to front on dedicated streets and private streets may be utilized, provided that each lot shall have vehicular and pedestrian access to a dedicated street through a prescribed easement or common area. Where private streets are used there shall be no responsibility on the part of the town for any maintenance or snow removal.

(Code 1988, § 9-151; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Within the R-3 Residential District, the planned residential development shall not be permitted until the following conditions have been complied with:

(1)

Special use permit must be obtained pursuant to the provisions of division 4 of article II of this chapter. When a special use application is applied for it shall be accompanied by a master plan and the master plan must show the overall development scheme including the use or uses, dimensions and locations of proposed sites and other open spaces with such pertinent information as may be necessary to determine the contemplated arrangement or use. The master plan must also be accompanied by the proposed agreements, provisions or covenants governing the use, maintenance and continued protection of the planned development, prescribed easements and any common areas that are not to be dedicated to and accepted by the town. All easements must be recorded with or prior to the first lot conveyance. The proposed master plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in the state.

(2)

If all the land and all of the buildings within the planned residential development are to be kept in one ownership and operated by such owner through lease or other arrangements with other persons, then the master plan need not contain the prescribed easements or covenants or agreements for the use, maintenance and continued protection of the development. In the event of transfer of title of any lot or building within the planned residential area, however, prior to delivery of the deed such matters must be filed and approved.

(3)

After the application is filed, the planning commission shall review the conformity of the proposed development and may recommend conditions regarding layout, and performance of the development, requiring appropriate deed restrictions, which recommendations shall be made to the town council for action.

(4)

The tract or parcel of land involved must either be in one ownership or the subject of an application filed jointly by the owners of all the property included.

(5)

The proposed development must be designed to produce an environment of stable and desired character and not out of harmony with its surrounding neighborhood.

(6)

If the town council approves the special use permit and the proposed master plan, the owner or developer may then proceed to develop the project but before doing so he shall prepare a final plan of each section of the project before it is developed. The final plan shall be subject to approval by the planning commission only and must conform with the master plan previously field and approved. The final plan shall be in such form as to be recorded, show building lines, common land and street easements and other applicable features. No building permit shall be issued until a final plan of the proposed development, together with protective covenants, restrictions and easements is approved by the planning commission and recorded by the owner-developer. Final plans may be prepared by engineers, architects, or surveyors licensed in the state.

(7)

Ownership of the streets and common areas shall be vested in either the owner-developer or in a nonprofit corporation of property owners made up of all of the lot owners within the development and the articles of incorporation and bylaws of such association shall be subject to approval by the planning commission.

(Code 1988, § 9-152; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Upon the abandonment of a project authorized under this article or upon the expiration of two years from the authorization of the planned development which has not by then been commenced, the authorization shall expire and the land and structures thereon may be used without such approval for any other lawful purpose permissible within the use-area district in which the planned development is located.

(Code 1988, § 9-153; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)