50.07.007 LAND DIVISIONS Amended Ord. 2612-A, Effective 6/20/13
1. REQUIREMENTS FOR LAND DIVISIONS
All land divisions shall meet the requirements of this Code including all zone district standards and dimensions except as modified in this section.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
2. FLAG LOTS
a. Purpose; Applicability
i. The purpose of the flag lot section is to:
(1) Enable the efficient use of residential land and public facilities and services,
(2) Provide standards for site, building, and design compatibility of the new development with the existing neighborhood character,
(3) Reduce the area of impervious surface resulting from redundant access paving, and improve the appearance where pavement is necessary, and
(4) Minimize the disturbance of natural resources.
ii. The provisions of this section shall apply to all land divisions and lot line adjustments creating flag lots in residential zones, and to any development occurring on a flag lot in a residential zone created after September 6, 1998.
iii. Compliance with Zone Standards. Flag lots shall comply with the requirements of the underlying zone except where noted in this article. A land division or lot line adjustment creating a flag lot shall also comply with any specific residential design criteria contained within an applicable adopted neighborhood plan.
iv. Parcelization Plan
In addition to the general application requirements for land divisions or lot line adjustments, an application to create a flag lot shall include a conceptual plan of complete parcelization of the subject property, and shall include a site plan illustrating the location of existing structures on adjacent parcels. The reviewing authority may impose conditions in order to ensure that parcelization of the subject property will not preclude the development of surrounding properties. Such conditions may be related (but not limited) to access, circulation, building location, utility availability, and natural resource protection.
b. Exceptions
The reviewing authority may allow exceptions to this section without the need to obtain a formal variance pursuant to LOC Article 50.08, Adjustments, Alternatives, and Variances, in one or more of the following circumstances:
i. Landscaping required by LOC 50.07.007.2.f.i as separation between driveways, which would not result in screening or buffering as intended due to topography, lot configuration, or existing natural resources which would be preserved, may be modified or may not be required;
ii. Setback adjustments of up to two ft. which are necessary to site a dwelling in compliance with this article, or will result in additional separation from existing dwellings on surrounding lots, may be permitted;
iii. If an existing structure(s) would be located on a proposed flag lot created by partition and the structure(s) would become noncomplying with any regulation of this Code, the proposed partition may be approved if the standard causing the noncompliance can be adjusted under LOC 50.04.003.2, General Exception to Lot Area and Dimension Requirements.
iv. Minimum driveway widths of 12 ft. required by LOC 50.07.007.2.c.iii may be reduced, when approved by the City of Lake Oswego Fire Marshal.
c. Access
i. When creating flag lots, the reviewing authority shall require that access to the flag lots is consolidated into a single shared access lane with access to the parent parcel or off site, wherever practicable. If not practicable, then an additional access may be allowed on site or off site. Access lanes shall extend through the partition site and be extended to abutting developable property to provide a continuous connecting access lane where practicable.
ii. Flag lots shall have access to a public or private street; however, actual street frontage shall not be required.
iii. A driveway shall be used to serve a single property. An access lane shall serve no more than eight properties.
(1) Driveway widths shall be a minimum of 12 ft. Driveway length, construction standards, and turnaround requirements shall be determined by LOC 50.06.003.2, On-Site Circulation – Driveways and Fire Access Roads.
(2) See LOC 50.06.003.1.d, Standards for Access Lanes, for width of access lanes.
iv. No more than two driveways or access lanes shall be permitted within a distance equal to the minimum lot width of the underlying zone, or within 50 ft. of each other if no minimum exists, as measured from the closest edge of each driveway or access lane.
v. All buildings on flag lots must post an address at the beginning of the driveway or access lane. The address shall be no less than six in. tall, must be on contrasting background, plainly visible, and must indicate the direction to the building.
d. Lot Configuration Requirements
i. Determination of Front Yard
The front yard shall be determined as follows:
(1) Except for a lot that fronts on a public street, the front yard(s) of a flag lot shall be measured from the access lane or from a projected extension of the access lane through the property (see LOC 50.07.007.2.e.v for setback requirements).
(2) A front yard occurs on either side of the access lane of the flag lot. See Figure 50.07.007-A: Flag Lot Front Yard.
Figure 50.07.007-A: Flag Lot Front Yard
ii. Lot Width
Lot width shall be measured by a line connecting two points on opposite side yard property lines, that will result in a line parallel to the front yard.
iii. Lot Size
Area of access easement or flagpole shall be deducted from the gross acreage of the flag lot. The "flag" portion of the lot shall be equal to or exceed the square footage of the underlying zone.
[Cross-Reference: See LOC 50.04.003.6.c – Determination of Front Yard for Flag Lots Created Prior to September 6, 1998, and Lots Accessing by Easement.]
e. Building and Site Design Standards
i. Building Orientation
The reviewing authority shall require the following:
(1) New dwellings on flag lots shall have the front of the house oriented towards the access lane or from a projected extension of the access lane through the property.
(2) Buildings shall be oriented to provide the maximum separation and privacy from existing dwellings on abutting lots outside of the partition site. The reviewing authority may require conditions of approval to include measures such as specific building locations, increased setbacks, additional height restrictions, location and orientation of windows and other openings.
ii. Garage placement shall be reviewed at the time of building permit application to ensure minimum visibility of the garage from the street. Garage placement shall meet the following requirements:
(1) Be side-loading where a turning radius can be provided that allows for a minimum of 24 ft. separation from the garage door and any obstructions or property lines, or
(2) Be placed such that no more than 40% of garage wall area is visible from the intersection of the flag lot driveway and street.
(3) Garage Wall Facing Street. When a garage has wall(s) facing a street, these wall(s) shall have more than one plane or shall include fenestration equal to at least 10% of the garage wall. When the lot is a corner lot (abutting two or more streets), this subsection is applied to each wall that faces a street.
(a) To demonstrate compliance with this standard, building elevations shall be submitted which depict the facade area facing the street at a width equal to the access easement.
(b) The area of a specific facade of a building is determined by adding the square footage of surface area of each section of wall facing the street. For buildings with more than one wall (plane) along one facade (for example, rooms jutting out from the main building or a building where each floor is set back from the floor below), all of the walls are included in the total area. The total area does not include any roof area.
iii. Maximum Structure Height
The height of a single-family residential structure and any accessory structures on a flag lot shall not exceed:
(1) For flag lots created after August 14, 2003, the taller of:
(a) Twenty-two ft., or
(b) The average height of all dwellings on properties abutting the development site, as determined prior to the time of creation of the flag lot. Where there is no dwelling on the abutting property or where a dwelling is located more than 100 ft. away from the development site, then the maximum height permitted in the underlying zone shall be used for calculating the average. In cases where the abutting property is zoned to permit a height greater than that allowed on the subject site, then the maximum height for the zone in which the subject site is located shall be substituted and used to calculate the average.
(2) For flag lots created before August 14, 2003, the taller of:
(a) The maximum building height limitation established at the time of creation of the flag lot. The methodology used to calculate the maximum building height permitted by this subsection shall be the same methodology used at the time of lot creation to establish the maximum building height, or
(b) Twenty-two ft. (see LOC 50.10.003.2, Height of Building, for methodology).
The City Manager may execute and record amendments to previously recorded development restrictions, upon the owner’s or adjacent property owner’s request, or at the City’s discretion, if necessary to reflect a taller building height limitation than previously approved.
(3) Modification of Approved Building Height
The maximum building height of single-family residential structures and accessory structures on a flag lot (whether created prior to or after August 14, 2003) may be modified from that previously determined at the time of creation of the flag lot to the average height of all dwellings on properties abutting the development site. Where there is no dwelling on the abutting property or where a dwelling is located more than 100 ft. away from the development site, then the maximum height permitted in the underlying zone shall be used for calculating the average. In cases where the abutting property is zoned to permit a height greater than that allowed on the subject site, then the maximum height for the zone in which the subject site is located shall be substituted and used to calculate the average. Where an existing structure on an abutting lot exceeds the maximum height allowed by the underlying zone, then the maximum height permitted by the underlying zone shall be used for purposes of calculating the average.
An application for modification of maximum building height for a flag lot shall be processed pursuant to LOC 50.07.003.11, Modification of Development Permits, as a new application. The City Manager may execute and record amendments to previously recorded development restrictions.
(4) Exceptions to Maximum Structure Height
A greater height than otherwise permitted for roof forms or architectural features, such as cupolas or dormers, may be allowed pursuant to LOC 50.04.001.1.g.ii, 50.04.001.2.g.ii, or 50.04.001.3.f.v(2).
iv. Access Lane Siting
The access lane shall be located no closer than five ft. to any existing structures.
v. Setback Requirements
(1) The standard front yard setback of the zone shall be superseded by the following front yard requirement: A minimum ten ft. front yard setback is required from the access lane, except that a 20-ft. setback is required from the access lane to the front of a garage or carport when the garage or carport opening faces the access lane. For purposes of this standard, the access lane shall include the projected extension of the access lane through the property as illustrated in Figure 50.07.007-B: Access Lane.
Figure 50.07.007-B: Access Lane
(2) Where a flag lot abuts a lot in a residential district of lower density, the greater setback requirements of the more restrictive district shall apply for those yards which have abutting property lines.
(3) The side and rear yard setbacks shall be established at the time of flag lot creation, subject to the following requirements:
(a) The sum of the side and rear yard setbacks on flag lots shall be not less than:
(i) Fifty ft. in R-10 and R-15 zones; and
(ii) Forty-five ft. in residential zones other than R-10 and R-15.
(b) In applying the flexible standard, provide yard dimensions that are similar to the yard dimensions of primary structures on abutting properties that are not part of the partition site and that abut the rear or side yards of the flag lots, but in no event shall the rear or side yard established under this section be less than ten ft.
vi. Lot Width Requirements
The lot width dimension of a flag lot shall be not less than the minimum lot width requirements of the underlying zone.
f. Screening, Buffering and Landscape Installation
i. A minimum five-ft. landscape strip shall be provided abutting both sides of the access lane serving flag lots except for pedestrian and vehicle access to the flag lot(s) served by the access lane. Where land area is not sufficient to accommodate a five-ft. wide landscape strip on either side of the new access lane, the reviewing authority may impose conditions of approval to include measures that will provide effective buffering and screening. These measures may include landscaped islands, fencing, and meandering access lane.
The reviewing authority shall require the landscape strip to be planted with trees and shrubs in order to mitigate the visual impact of wide expanses of pavement, and to provide a visual buffer between the access lane and the affected dwelling(s) located on abutting parcels. Plant materials used for screening and buffering shall be of a size to provide an effective screen within two years of planting. Trees shall be a minimum two-in. caliper, and shrubs shall be a minimum of five-gallon at time of planting. Maintenance of the buffer is an ongoing obligation of the property owner.
ii. Existing mature vegetation and trees shall be integrated as screening where practicable. The reviewing authority may require dwelling and garage placement or orientation in a manner that will minimize the removal of specific trees, hedges, or other vegetation that would serve to screen the proposed structures from existing and potential surrounding homes.
iii. The rear and side yards of the flag lot shall be screened from abutting lots outside of the partition site with a six-ft. tall fence, except where a four-ft. fence is required by LOC 50.06.004.2.c.i, Fences, and except where the abutting owner agrees in writing that a fence is not necessary along the common property line. In addition, a landscaped buffer within the rear yard setback a minimum of six ft. in width shall be created along the rear property line and planted with a deciduous or evergreen hedge, a minimum four ft. in height at planting, which shall grow to a height of six ft. within two years and shall be maintained at a minimum of that height, except where the abutting owner agrees in writing that a landscaped buffer is not necessary. The above requirements pertaining to the "rear yard" are not applicable where the rear yard abuts Oswego Lake or railroad rights-of-way.
iv. Tree Removal Mitigation
A minimum of one evergreen or deciduous tree shall be planted at a 1:1 ratio where practicable in order to mitigate the removal of existing trees necessary for site development as a part of the creation of the lot or for the first dwelling constructed on the lot. The mitigation trees shall be of a species which will attain a minimum of 30 ft. in height. Deciduous trees at planting shall be a minimum of two-in. caliper and evergreen trees shall be a minimum of eight ft. tall.
(Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)
3. PLATTING
a. Preparation and Submittal of Final Plan or Plat
i. The final plan or plat shall be submitted within one year of the date of the order setting forth the final decision. Upon written application, prior to expiration of the one-year period, the City Manager shall, in writing, grant a one-year extension. Additional extensions may be requested in writing and will be submitted to the approving authority which approved the final decision for review of the project for conformance with the current law, development standards and compatibility with development which may have occurred in the surrounding area. The extension may be granted or denied and if granted may be conditioned to require modifications to bring the project into compliance with then current law and compatibility with surrounding development.
ii. A final plan or plat shall include all information required by the final decision on the plan.
iii. A final plan or plat for a subdivision shall accurately reflect the preliminary approval granted by the hearing body, with all conditions satisfied and shall also contain the following information:
(1) The proposed name of the subdivision. The name shall not duplicate or resemble the name of another subdivision in the Urban Service Area.
(2) Location of the subdivision by section, township and range.
(3) Reference points of the existing surveys identified, related to the plat by distance and bearings, and reference to a field book or map as follows:
(a) Stakes, measurements or other evidence found on the ground and used to determine the boundaries of the subdivision.
(b) Adjoining corners of adjoining subdivisions.
(c) Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this article.
(4) The location and width of streets and easements intercepting the boundary of the tract.
(5) Tract, block and lot or parcel boundary lines and street rights-of-way and centerlines, with dimensions, bearings and deflection angles, radii, arcs, points of curvature and points of tangency. Floodplain or high water line for major water bodies. Plat accuracy shall be determined by the County Surveyor.
(6) The width of the portion of streets being dedicated and the width of existing rights-of-way. For streets on curvature, curve data shall be based on the road centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated on each right-of-way line. Also, arc and chord data shall be shown on each line for all lots as applicable.
(7) Easements, clearly identified and, if already of record, their recorded reference. If an easement is not definitely located of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision lines shall be shown. If the easement is being dedicated by the plat, it shall be properly referenced in the owner’s certificates of dedication.
(8) Lot number beginning with the number "1" and numbered consecutively in each block in the subdivision.
(9) Block numbers beginning with the number "1" and continuing consecutively without omission or duplication throughout a subdivision. The numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Block numbers in an addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision.
(10) Identification of land to be dedicated to the public and a specific statement of the purpose of the dedication.
(11) The following certificates may be combined where appropriate:
(a) Certificate signed and acknowledged by all parties having any recorded title interest in the land (excluding lien holders), consenting to the preparation and recording of the plat.
(b) Certificate signed and acknowledged as above, dedicating all land intended for public use except land which is intended for the exclusive use of the lot owners in the subdivision or their lessees, tenants, employees and visitors.
(c) Certificate with the seal of and signed by the engineer or the surveyor responsible for the survey and final map.
(d) Certificate for execution by the City Manager.
(e) Certificate for execution by the County Surveyor.
(f) Certificate for execution by the County Tax Collector.
(g) Certificate for execution by the County Assessor.
(h) Other certifications now or hereafter required by law.
(12) Other information as required by ORS Chapter 92.
(13) Deed restrictions and covenants shall be submitted as a separate document at the time as the final plat is submitted.
b. Review of the Final Plan or Plat, Filing Requirements
i. Staff shall determine whether the final plan or plat conforms to the final decision of the hearing body, including all conditions, and other applicable state statutes and City codes.
ii. If staff determines that the plan or plat is in conformance, then the appropriate signatures shall be affixed to the plan or plat, such signatures signify City approval of the plan or plat. Final plats shall be recorded with the appropriate county within 30 calendar days of signature. Acceptance by the City of the land dedicated to the public by means of a plat occurs upon the recording of the plat. Any plat not so recorded is void.
iii. If staff determines that the final plan or plat does not conform, the applicant shall be advised by a written notice which shall list the reasons for the decision.
iv. The applicant shall have 30 calendar days to correct the plan or plat or to schedule a review of the final plan or plat by the Development Review Commission. When the differences have been resolved and the plan or plat approved, the procedure in subsection 3.b.ii of this section shall be followed.
v. Approval of a final plan or plat authorizes the issuance of development permits for actions or uses as approved therein.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
4. PLANNED DEVELOPMENT OVERLAY
a. Purpose
The purpose of the Planned Development (PD) Overlay is to provide, for parcels of sufficient size, greater flexibility in development of land as compared to a standard subdivision, encourage variety in the development pattern of the community, encourage developers to use a creative approach in land development, conserve natural land features, facilitate a desirable aesthetic and efficient use of open space, create public and private common open spaces, and provide for flexibility and variety in the location of improvements on lots. If these public purposes are accomplished, exceptions to certain zoning standards may be granted as provided by LOC 50.07.007.4.d, Authorization.
b. Applicability
Use of the PD overlay is allowed in any zone for subdivision proposals, except when the property is located in the R-7.5, R-10, or R-15 zone, at least one of the following circumstances must exist:
i. The property is greater than 75,000 square ft. in size;
ii. An RC district or RP district is located on the property;
iii. A tree grove greater than 15,000 square ft. in size exists on the property; or
iv. The property includes resources identified as Class I or II Riparian Corridors/Wildlife Habitat or Class A or B Upland Wildlife Habitat as mapped on Metro’s Title 13 Regionally Significant Fish and Wildlife Habitat Inventory Map (adopted by Metro on September 29, 2005, and amended on December 8, 2005). See Figure 50.07.007-C: Regionally Significant Fish and Wildlife Habitat Inventory Map.
[Cross-Reference: This subsection is automatically repealed upon enactment of an updated Sensitive Lands Atlas, which includes the resources inventoried between 2003 and 2007 per Ordinance 2499, Section 6.]
Figure 50.07.007-C: Regionally Significant Fish and Wildlife Habitat Inventory Map
c. Procedures
i. Multi-Phase PD Overlay Approval
The establishment of a PD overlay for projects containing more than one phase shall occur in conjunction with the approval by the reviewing authority of an Overall Development Plan and Schedule (ODPS) pursuant to the provisions of LOC 50.07.006. The ODPS shall contain a section which identifies the zone requirements and uses to be applied in the PD overlay. These requirements may be adopted by referring in the final order to existing provisions of this section or by creating special zoning standards pursuant to this section.
ii. Single-Phase PD Overlay Approval
A request for a PD overlay for a project that will contain only one phase may be considered by the reviewing authority. No ODPS shall be required, but the requirements of subsection 4.c.i of this section for the adoption of zone requirements in the final order shall be complied with.
iii. Following Approval of a PD Overlay:
(1) A subsequent request for modification from the underlying zone requirements for any lots within the planned development shall be processed in the following manner:
(a) PD Modified at Least One Lot Requirement in Subdivision
If any modifications were made to the above zone requirements, then any subsequent request for modification to these zone requirements shall be processed either as:
(i) A planned development modification, pursuant to LOC 50.07.003.11; no variance (LOC 50.08.002 or 50.08.003) is permitted); or
(ii) A residential infill development (RID), pursuant to LOC 50.08.007; to the extent RID permits exceptions to certain zone standards, no planned development permit modification is required.
(b) PD Modified None of the Lot Requirements in Subdivision
If no modifications were made from the zone requirements, then any subsequent request for modification to the zone requirements shall be processed as:
(i) A variance pursuant to LOC 50.08.002 or 50.08.003; or
(ii) For qualified residential developments, processed according to the provisions of LOC 50.08.007, RID.
(2) PD Applications Filed Prior to August 14, 2003
For PD applications filed prior to August 14, 2003, the following standards do not apply:
(a) The maximum floor area standards of LOC 50.04.001.1, Residential Low Density Zones;
(b) The maximum floor area standards of LOC 50.04.001.2, Residential Medium Density Zones – R-5 only;
(c) The height exception, front setback plane, side yard setback plane, and garage appearance and location standards for all residential districts.
(3) Maximum Structure Height in PD
The maximum height of structure permitted in the zone at the time of approval of the PD overlay, and the methodology for determining the maximum height, shall be applied to structures within the PD overlay.
d. Authorization
i. Underlying Zone
(1) In considering an application for a PD overlay, the reviewing authority shall apply the requirements of the underlying zone. The maximum floor area and lot coverage requirements may be applied with reference to the total area.
(2) If the proposed PD is part of an approved ODPS as described in LOC 50.07.006, requirements of the ODPS approval regarding arrangement of uses, open space and resource conservation and provision of public services will be considered when reviewing the considerations in subsection 4.d.i(1) of this section for the PD.
ii. Dimensional Exceptions
(1) The reviewing authority may grant exceptions to zone requirements (except for the zone requirements and limitations listed below) if the applicant demonstrates that the proposed PD provides the same or a better sense of privacy, appropriate scale and open space as a PD designed in compliance with the standard or standards to which an exception is sought. The reviewing authority shall consider the factors listed in subsection 4.d.ii(2) of this section in determining whether to approve the exceptions.
(a) No exceptions shall be approved for the following zone requirements:
(i) The special setback requirements for steeply sloped lots in the R-5 zone [LOC 50.04.001.2.e.i(2)] and R-0, R-2, and R-3 zones [LOC 50.04.001.3.e.iv];
(ii) Height of building;
(iii) Use;
(iv) Open space; and
(v) Density.
(b) Lot Coverage and Floor Area Limitations.
(i) The aggregate lot coverage for all of the lots shall not exceed the maximum lot coverage based on the net developable acre of the project;
(ii) The total floor area of all lots shall not exceed the aggregate of the floor areas as determined based upon the respective lot area and the floor area methodology required by the zone.
(2) In making the determination under subsection 4.d.ii(1) of this section, the reviewing authority may consider:
(a) Whether the applicant has reserved or dedicated more than the minimum amount of open space required by park and open space contributions [LOC 50.06.005];
(b) Whether the requested exception allows the lots to be designed in a manner that provides better access to common open space areas from within and/or outside the PD, better protects views, allows better solar access, maintains or improves relationships between structures, maintains or improves privacy and/or improves pedestrian or bicycle access to surrounding neighborhoods;
(c) Whether the requested exception will allow a more attractive streetscape through use of meandering streets, access through alleys or shared driveways, provision of median plantings, or other pedestrian amenities;
(d) Whether the requested exception will enhance or better protect a significant natural feature on the site, such as a wetland, a tree or tree grove, or a stream corridor;
(e) Whether the requested exception will provide better linkage with adjacent neighborhoods, open space areas, pathways, and natural features; or
(f) Whether the requested exception will allow the development to be designed more compatibly with the topography and/or physical limitations of the site.
(3) Side Yard Setback Exceptions
The reviewing authority may grant exceptions to the minimum side yard setbacks of the underlying zone, without the necessity of meeting the requirements of LOC Article 50.08, Adjustments, Alternatives, and Variances, if the requirements of subsection 4.d.ii of this section are met, and:
(a) Proposed lot sizes are less than the minimum size required by the underlying zone; or
(b) Lesser setbacks are necessary to provide additional tree preservation or protection of abutting natural areas;
(c) Side yard setbacks shall not be reduced to less than eight ft. except under the following circumstances:
(i) Structures on abutting lots within the development are separated by no less than 16 ft. when all portions of the structure within the standard setback are no greater than 18 ft. in height.
(ii) Structures on abutting lots within the development are separated by no less than 20 ft. when any portion of the structure exceeds 18 ft. in height within the standard setback area.
This limitation does not affect the underlying base zone yard setbacks when those setbacks are less than eight ft. See Figure 50.07.007-D: Side Yard Setbacks.
Figure 50.07.007-D: Side Yard Setbacks
(4) In the R-7.5, R-10, and R-15 zones, where the parcel being developed is less than 75,000 square ft. in size, the following additional provisions apply:
(a) Rear Yard Setback Exceptions
(i) For lots where the rear yard setback abuts open space land, the rear yard setback may be reduced by up to 50% of the base zone requirement.
(ii) For lots where the rear yard setback does not abut open space, the rear yard setback may be reduced by the percentage of the gross site area that is designated as open space, but in no case greater than 20% of the base zone requirement.
(b) Lot Size Exceptions
Lot sizes may be reduced by the percentage of the gross site area that is designated as open space, but in no case greater than 20% of the base zone requirement.
iii. PD Standards
(1) Lots which are located on the perimeter of a development located in an R-0, R-2, R-2.5, R-3, R-5, R-6, R-7.5, R-10 or R-15 zone, and which are adjacent to lots in an R-7.5, R-10 or R-15 City zone upon which are constructed single-family dwellings, may be not less than:
(a) Development in R-0, R-2, R-2.5, R-3, R-5, R-6 zones: 75% of the minimum lot area per unit of the adjacent zone or the minimum lot size of the zone in which the development is located, whichever is less.
(b) Development in R-7.5, R-10, and R-15 zones: 80% of the minimum lot area per unit of the adjacent zone or the minimum lot size of the zone in which the development is located, whichever is less.
(c) Housing types located on the perimeter lots described in subsection 4.d.iii(1) of this section shall be single-family, zero lot line or duplex dwellings, except three attached dwelling units may be placed on three lots which abut at a common point with the middle lot being a corner lot.
(d) In a PD located in an R-0, R-2, R-2.5, R-3, R-5, or R-6 zone which abuts an R-7.5, R-10 or R-15 zone and which does not contain separate lots for the dwelling units, the building setbacks shall meet the requirements of the zone in which the development is located.
e. Maintenance of Facilities and Open Space
If common private open space or common buildings are included in the plan, a homeowner’s association or similar organization must be established to provide for maintenance of the facilities or open space. The articles of incorporation or other evidence of incorporation of such organization shall be included in the application.
f. Expiration, Revocation
If 15% of the structural construction of the planned development has not occurred within three years of the date of the order granting approval for the PD overlay or if development has occurred in violation of the approval granted, the reviewing authority may initiate a review of the PD overlay to determine whether or not its continuation in whole or in part is in the public interest. The reviewing authority may decide that the PD overlay is to be removed and the plan or plat be resubmitted and made to conform to the requirements of the underlying zone, that the approval be retained, or that the approval be modified in any manner consistent with laws in effect at that time.
(Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)