A.

A residential development planned and constructed in accordance with a unified plan approved under stringent review procedures operates in harmony with existing and future surrounding development and aid in achieving the goals and recommendations of the housing element of the comprehensive plan for the city.

B.

The purpose of the planned residential district is to provide the maximum choice in type of living environment and living accommodations available to the residents of the city. The district is established to produce:

1.

An efficient use of land resulting in smaller networks of utilities and streets, thereby encouraging a diversity of living environments and a variety of housing styles;

2.

Open space and recreation areas which are essential and major elements of the planned development and which are related to and affect the long-term value of homes within the development and adjoining or nearby development;

3.

A development which is based on design and intensity of use and the relationship between land uses rather than on standardized residential districts which are segregated from each other on the basis of housing types and development standards;

4.

A pattern of development which preserves the natural environment of the site, including trees, outstanding natural topography and geologic features;

5.

Development flexibility to respond to market demands.

C.

The following regulations have been developed based upon these purposes which are consistent with the recommendations of the land use element of the city's adopted plan.

(Prior code § 150-150)

A development plan reviewed and approved in accordance with chapter 17.108, shall be required for all planned residential development.

(Prior code § 150-151)

Boundaries for a planned residential district shall be approved by the city council and shown on the official zoning map after approval of the preliminary development plan.

(Prior code § 150-152)

A.

Size of the Planned Residential Development Site.

1.

A planned residential development shall be on a tract of land of at least five acres.

2.

A planned residential development may be permitted for a tract of land of less than five acres if the planning commission finds, upon a showing by the applicant, that the planned residential development is in the public interest because one or more of the following conditions exist:

a.

An unusual physical or topographic feature of importance to the people of the area or the community as a whole exists on the site or in the neighborhood which can be considered and still provide an equivalent use of the land by the use of a planned residential development;

b.

The property or its neighborhood has an historical character or feature of importance to the community that will be protected by the use of a planned residential development;

c.

The property is adjacent to or across a street from property which has been either approved for or developed or redeveloped under a cluster or planned residential development and a planned residential development will contribute to the maintenance of the amenities and values of the neighborhood.

B.

Findings for Project Approval. The city council, upon consideration of the recommendations of the planning commission, shall approve a planned residential development when it finds that the proposed development satisfies the purposes of chapter 17.108, and the standards of this chapter, including the following:

1.

The planned residential development is an effective and unified treatment of the development possibilities on the site and makes appropriate provisions for the preservation of natural features such as streams and shorelines, wooded cover, marsh or wetlands;

2.

The planned residential development will be compatible with the area surrounding the site and will not require substantially greater demand on public facilities and services than other authorized uses for the land;

3.

At its option, the city council may consider if financing is available to the applicant sufficient to assure completion of the proposed development.

(Prior code § 150-153)

Uses permitted shall be as follows:

A.

All uses permitted inherently as accessory uses by ordinance permit and by special exception in the R-5A and R-8A districts; provided, that all such uses shall be developed in accordance with the standards for these uses as defined in this Title unless specifically modified by the city council upon approval of the district.

B.

If residential service uses are included as a part of the district as permitted, these uses shall be integrated into the total design of the planned residential development in such a manner as to complement surrounding residential development either in design or by limitation and regulation of activities.

C.

Commercial Uses.

1.

Commercial uses shall be limited to those uses in chapter 17.32, and subject to development standards of the neighborhood business district.

2.

Intense commercial uses shall not be located closer than one hundred fifty (150) feet to any adjacent residential districts.

3.

Such uses shall be primarily for the service and convenience of the residents of the development and immediate neighborhood.

4.

Before approving any commercial uses, the planning commission may require a market analysis, prepared by a market analyst, demonstrating that the amount of commercial space provided is needed and can be realistically supported. The market analysis shall as a minimum contain the following determinations:

a.

The trade area of the proposed facilities;

b.

The trade areas and population, present and prospective;

c.

The effective buying power in the trade area;

d.

The net potential customer buying power for stores in the proposed commercial facilities and the recommended kinds of stores and floor space; and

e.

The residual amount of buying power in the trade area and how it may be expected to expand by the addition of other kinds of stores serving the trade area.

5.

Where commercial uses are proposed, at least thirty (30) percent of the dwelling units in the planned residential development shall have access to commercial areas by paved pedestrian walkways. Such access shall not involve the crossing of any collector street or major highway.

6.

After considering the information provided by the developer in support of proposed commercial uses, the relationship of commercial uses to the planned residential development and the surrounding area, the impact of traffic on safety and adequacy of streets and the intensity of such uses, the planning commission shall recommend to the city council whether the commercial use is to be permitted and, if so, the kind of business and floor area needed to serve residents of the trade area.

(Prior code § 150-154)

A.

Density for apartment and townhouse development shall not exceed twelve (12) dwelling units per acre, except as follows.

B.

The planning commission may recommend an increase in density for apartment development, up to a maximum of thirty (30) units per acre, after consideration of:

1.

Existing and proposed streets and traffic patterns relative to the amount of traffic to be generated by the density proposed and whether it can be easily accommodated without being detrimental to existing surrounding development;

2.

Design and topography of the site relative to use of setbacks, arrangement of buildings, landscaping and open space to achieve maximum results in integration of greater density and building height without harsh contrast in relation to surrounding development.

3.

Provisions of recreational facilities in relation to maximum density of people to be served.

C.

If the planning commission finds that any of the following conditions would be created by an increase in density permitted by this chapter, the commission shall recommend limits on any increase in density by an amount sufficient to avoid creation of one or more of the following conditions:

1.

Inconvenient or unsafe access to the planned residential development;

2.

Traffic congestion in the streets adjoining the planned residential development;

3.

An excessive burden on sewerage, water supply or other public facilities which serve or are proposed to serve the planned development.

D.

The city council shall consider the planning commission's recommendation and determine what increase in density shall be permitted, if any.

(Prior code § 150-155)

A.

No minimum lot area, width, frontage and yard requirements shall be required within a planned residential development, but shall be as recommended by the planning commission and approved by the city council and shown in the preliminary development plan.

B.

Main buildings shall be designed so that spacing between buildings shall provide light, ventilation and distance for adequate fire or other emergency access and protection.

C.

Buildings, off-street parking and loading facilities, open space, landscaping and screening shall be designed to provide separation of use and protection for adjoining development as would otherwise occur if developed under conventional residential development standards.

D.

Building height shall not be greater than thirty-five (35) feet except that a greater height may be approved by the city council if surrounding open space within the planned residential development, building setbacks and other design features are used to avoid any adverse impact on adjoining property.

(Prior code § 150-156)

If topographic or other features on the site at the perimeter of the planned residential development do not provide reasonable privacy, separation or protection from adverse effects on existing or potential development on adjacent land, the planning commission may recommend to the city council that any of the following requirements shall be imposed:

A.

Structures located at the perimeter of the development shall be set back a minimum of forty (40) feet.

B.

Structures located at the perimeter of the development shall be well screened to protect existing uses or potential development on adjacent property.

(Prior code § 150-157)

A.

Common open space shall be provided in an amount equal to thirty (30) percent of the total area of the proposed district. Such open space shall be combined wherever possible and planned as an integral part of the development providing access to and benefits for all residents of the development.

B.

All planned residential districts shall provide developed open space within the common open space areas. The amount of developed open space shall be determined in consideration of the type of development proposed and density and age characteristics of proposed residents.

C.

Slopes and Bodies of Water.

1.

Slopes exceeding fifteen (15) percent and all or part of branches, marshlands and bodies of water may be recommended by the planning commission to be included in the common open space after consideration of:

a.

The extent of these areas in relation to the area of the planned residential development;

b.

The degree to which these areas contribute to the quality, livability and amenity of the development.

2.

A maximum of twenty-five (25) percent of the common open space may be covered by either water or floodplains or a combination thereof, provided that the applicant has ownership of such water bodies.

D.

Common and developed open space proposed shall be reviewed by the department of recreation and parks, with a recommendation forwarded to the planning commission as to its appropriateness and adequacy in meeting the needs of the proposed residents.

E.

When a planned residential development is to be constructed in stages or sections, developed open space shall be provided proportionately as each stage is completed. Improvements within developed open space shall be provided concurrently with or prior to issuance of an occupancy permit for any building or residence within each section or the entire development if constructed as a whole.

F.

Ownership and maintenance of common open space and parking areas shall be in accordance with Section 17.04.240.

G.

Intensively developed open spaces shall not be closer than one hundred fifty (150) feet to any adjacent residential districts.

H.

All floodplains shall be preserved as common open space and delineated on the required subdivision plat unless otherwise approved by the planning commission and the city council.

(Prior code § 150-158)

A.

A landscaping plan in accordance with the provisions of chapter 17.220, is required and shall show the location of natural features and amenities on the site such as existing trees, groves, waterways, stormwater management areas, scenic views, topography, historic sites or buildings and other community assets.

B.

Landscaping shall be provided in open space areas and foundation plannings where units are to be constructed and sold by the developer.

C.

Screening is required at the perimeter where existing natural features do not provide privacy, separation or protection for existing or future development on adjoining properties or for the proposed district if the developments are not similar in nature or if the proposed district adjoins a nonresidential use or district.

D.

Screening is required between all commercial, service-type or intense recreational uses proposed within the district and any adjoining uses.

E.

On wooded sites, existing trees shall be retained and utilized in perimeter setback areas as screening in open space areas and, where possible, as individual lot and street trees.

(Prior code § 150-159)

A.

Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within planned residential developments shall be connected to streets outside the development in such a way as to discourage their use by through traffic.

B.

The proposed planned residential development shall be located with regard to major thoroughfares and uses outside the development so that traffic congestion will not be created by the proposed development or will be obviated by present projected or proposed improvements and so that uses adjacent to such thoroughfares will not be adversely affected.

(Prior code § 150-160)

Building setback distance from accessways shall be as follows:

A.

No ground level entranceway to any townhouse, apartment unit or apartment building shall be farther than eighty (80) feet from a parking lot.

B.

No part of any townhouse or apartment building shall be farther than five hundred (500) feet from a fire hydrant.

(Prior code § 150-161)

A.

The pedestrian circulation system and its related walkways shall be separated as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.

B.

When deemed to be necessary by the planning commission, a pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic may be required.

(Prior code § 150-162)

Standards of design, including right-of-way width and construction of public roadways within planned residential developments, may be modified as deemed appropriate by city council where it is found that the development provides for exceptional separation of vehicular and pedestrian circulation.

(Prior code § 150-163)

A.

All streets shall be designed and constructed in accordance with standards of the City of Salisbury, except as modified and approved by city council; and

B.

The minimum standards for street rights-of-way, pavement width and on-street parking shall be as follows unless otherwise modified by the city council:

(Ord. 1784 (part), 2000: Prior code § 150-164)

A.

Required parking spaces shall be provided on each individual lot or in common parking areas.

B.

Parking areas shall be designed and arranged to prevent through traffic.

C.

Unless specifically modified by the planning commission or city council, parking shall be in accordance with the provisions of chapter 17.196.

(Prior code § 150-165)