Minimum requirements
(a) Residential density. The total number of units allowed in the planned village district shall be calculated on the amount of land suitable for development. Residential density shall be a maximum of four dwelling units per acre of suitable land.
(b) Minimum lot area and frontage requirements. For a planned village district consisting, all or in part, of separate lots for residential and accessory use purposes, each such lot shall contain at least 8,000 square feet of land, which shall not be deemed to be a nonconforming lot size under section 21-308, and shall have a minimum frontage of at least 50 feet.
(c) Single-family detached dwellings. Single-family detached dwellings shall meet the following minimum dimensional requirements:
(1) The minimum front yard shall be ten feet for each single-family dwelling.
(2) The minimum side yard shall be ten feet for each single-family dwelling.
(3) The minimum side yard and rear yard for accessory structures shall be seven feet six inches.
(4) The minimum rear yard shall be 15 feet for each single-family dwelling.
(d) Townhouses. Criteria for townhouses shall be as follows:
(1) Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than eight townhouses shall be contiguous.
(2) Each townhouse unit shall have its own yard, containing not less than 400 square feet, reasonably secluded from view from the streets or from neighboring property. Such yards shall not be used for off-street parking or for any accessory building.
(3) The minimum yard width shall be 20 feet per unit.
(4) The minimum distance between any two rows of townhouse buildings, substantially parallel to each other, shall be 60 feet.
(5) The minimum distance between two abutting ends of townhouse buildings in the same general plane or row shall be 50 feet, provided that such walls shall contain no windows to serve habitable rooms.
(e) Applicability of section 21-306. Section 21-306 shall not apply to a planned village district.
(f) Open spaces. Open space criteria and ownership shall be as follows:
(1) Within a development no less than 25 percent of the total land, exclusive of land set aside for road area and accessory uses, shall be devoted to common open space for recreational or conservation purposes.
(2) Provisions shall be made to ensure that no more than 20 percent of the open space will be devoted to paved areas and structures devoted to open space uses or uses accessory to permitted uses.
(3) Use of the open space as permitted in subsection (f)(7) of this section shall be subject to site plan review by the planning commission. All structural improvements shall be a part of the final submission plans approved by the commission, or may be included by amendment at any time prior to the conveyance of the first lot. Following the conveyance of at least 51 percent of the lots, such additional improvements may be permitted by the commission with the written concurrence of at least two-thirds of the homeowners' association membership. No structure on the open space may be located within 50 feet of the residential property abutting the development.
(4) Strips of common land shall be permitted only as usable access paths between residences, streets, open space, as drainage areas and as buffers.
(5) Access area to the open space shall be clearly marked with appropriate materials to distinguish commonly owned open space area from private property.
(6) Open space may be one or more parcels, the size, location, shape and character of which must be suitable for the designated uses.
(7) Open space may be used for active recreation, passive recreation, conservation, forestry agriculture, natural buffers, open space, and structures accessory to approved uses, including garages and utilities owned and operated by the homeowners' association for its own use including septic systems and package sewage treatment facilities.
(8) Land which has been environmentally damaged prior to final approval of the development by the planning commission as a result of soil and earth removal operations, harvesting of trees or other natural features or refuse disposal or other causes shall not be accepted as common open space unless and until the land is restored to a condition which the planning commission determines to be reasonable and appropriate to effect the purpose of this article. The planning commission may grant final approval for a development subject to such restoration of the common open space, provided an appropriate performance bond is posted.
(9) Ownership of the common open space shall be in accordance with the following:
a. Ownership by the individual lot owners by tenants in common. The deed to each lot shall include a proportionate share of the common open space. Each lot owner shall be required to be a member of a homeowners' association, which shall be formed prior to conveyance of the first lot.
b. All or part of the open space area used as a basis for calculation to determine density, if used for active recreation purposes prior to the effective date of the ordinance from which this subsection derives by lot or unit owners and others, may be owned by a separate entity. In such case, the area shall be impressed with an open space easement as defined in subsection (f)(10) of this section, running to the lot or unit owners, in addition to the open space easement which shall be given to the town.
(10) Open space shall be protected against building development and environmental damage by conveying to the town an open space easement restricting the area against any future building and against the removal of soil, trees and other natural features, except as is consistent with conservation, recreation or agricultural uses accessory to permitted uses.
(Rev. Ords. 1974, § 17-3-4; Ord. No. 85-18, 12-9-1985; Ord. No. 93-17, § 1, 10-4-1993; Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 07-02, § 7, 2-5-2007)