Town of Durham Zoning Ordinance As adopted in the Code of the Town of Durham March 1, 1999 Received by Munilaw May 30, 2000 PLANNED UNIT DEVELOPMENT (PUD) A tract of land developed or proposed to be developed as an integrated unit. A "PUD" may be a residential planned unit development with limited commercial uses, or it may consist of strictly commercial or industrial uses (nonresidential planned unit development). See 17532. 17532. Planned unit development. A. Purpose. The planned unit development (PUD) district is intended to encourage flexible land use development by allowing such development to be based upon a comprehensive, integrated and detailed plan, rather than upon specific constraints as applicable to lot by lot development, while carrying out the intent and purposes of these zoning regulations. B. Uses which may be permitted in a residential planned unit development. Permitted uses shall be as follows: 1. Any uses that are permitted in the underlying district for which the residential planned unit development is proposed. 2. Commercial uses: Any other use for which justification can be derived on the basis that such use will be compatibly and harmoniously incorporated into the unitary design of the planned development. No more than one percent (1%) of the net area of the development may be so designated. C. Permitted uses in a nonresidential planned unit development. Permitted uses shall be as follows: 1. Any uses that are permitted in the underlying district for which the planned unit development is proposed. 2. Any other use for which justification can be derived on the basis that such a use will be compatibly and harmoniously incorporated into the unitary design of the planned development. D. Standards of development. 1. There shall be no area designated as a planned unit development on any lot or parcel of less than twenty (20) acres of contiguous land, unless the Planning Board determines that a unique parcel, by virtue of its character, is best developed as a planned unit development even though it does not meet the twentyacre minimum. 2. All planned unit developments require a minimum of twenty percent (20%) of the total acreage of the site to be set aside as open space, fifty percent (50%) of which shall exclude land with slopes greater than twentyfive percent (25%) and wetlands as defined in Article V. 3. Residential density. a. The maximum allowable residential density for a planned unit development shall be as follows: Underlying Maximum PUB density zone (dwelling units per net acre*) RA 4 RB 1 1/2 (4 where water and sewer are provided) RC 1 1/2 OR 8 R 1 1/2 *NOTE: Net acreage shall exclude the required twenty percent (20%) of open space, land with slopes in excess of twentyfive percent (25%) and wetlands as required in Article V. b. Any fraction of a dwelling unit shall be rounded off to the nearest whole number. In computing residential density, areas of commercial uses will be subtracted before the density is computed. 4. Not more than seventy percent (70%) of the planned unit development site, excluding open space, shall be devoted to parking, streets, buildings and accessory structures. 5. The Town Council may, upon the recommendation of the Planning Board and the Parks and Recreation Committee, require cash in lieu of open space at a rate of one dollar ($1.) per square foot in exchange for a portion or all of the required onsite open space. This figure shall be reviewed by the Durham Town Council on an annual basis. Funds collected as cash in lieu of open space shall be used for the sole purpose of offsite land acquisition and park development. 6. Offstreet parking and loading shall be in compliance with Article VIII of this chapter for each proposed use. 7. Landscaping shall be required by the Planning Board to provide a buffer between proposed uses or between adjacent zoning districts. 8. All utilities shall be located underground, unless the Planning Board determines that unfavorable site conditions warrant aboveground installation. 9. The architectural design of the buildings shall be aesthetically compatible with surrounding buildings within the planned unit development. E. Legal requirements. In a planned unit development where ownerships are subject to restrictions, the subdivision plat, dedications, covenants and other agreements shall be recorded with the Strafford County Registry of Deeds. These documents will include any that: 1. Create automatic membership in a nonprofit homeowners' association or corporation to be formed to control, develop and maintain common areas, properties and facilities. 2. Place title to any common property or facilities in the association or corporation. F. Application procedure. The application for zoning or rezoning as a planned unit development district shall be executed by the individual(s), whose successors and assignees shall be responsible for carrying out the requirements and obligations of the planned unit development district. The application shall be accompanied by eight (8) copies of the site plan, the preliminary plat, if a subdivision, and the proposed covenants. 1. The site plan shall include the following: a. The total acreage, present zoning classification and zoning classification of all adjoining districts. b. The density in dwelling units per developable acre. c. The location, size, height and number of stories and the use or uses to be contained in each existing or proposed structure. d. The location, width, surfacing and layout of all streets, parking areas and pedestrian walks. e. The location and number of proposed parking spaces. f. The location, size, height and orientation of all signs in excess of one (1) square foot. g. The location and height of all fences, walls and screen plantings. h. The location of all common spaces and facilities. i. Proposed landscaping. 2. All documents included in the site plan shall include space for certification of approval in accordance with the form used for subdivision platting. 3. The applicant shall furnish: a. The proposed time schedule for completion of the development or the phasing thereof. b. A copy of all proposed covenants, restrictions and easements. c. A copy of the proposed Articles of Incorporation and bylaws of any corporation and/or homeowners' association to be formed. d. Any other information that the Planning Board or the Town Council may deem necessary. 4. The preliminary plat, if required, shall be prepared in accordance with requirements of the Subdivision regulations and shall include space for certification of approval by the Town Council. G. Approval of the residential planned unit development. If all of the conditions of the Durham Zoning Ordinance are met, the Town Council shall approve a planned unit development by ordinance or resolution, which shall incorporate by reference all documents included in the site plan. When appropriate, a final plan shall be submitted and approved by the Town Council and recorded in the Strafford County Registry of Deeds. H. Enforcement. Any modification or deviation from a PUD site plan approved by the Town Council, except minor modifications or deviations (i.e., shifting of the building location based on site conditions), may be approved by the Zoning Administrator. Any modification or deviation otherwise made shall constitute a violation of the ordinance or resolution, and the owner, lessee or occupant of the area or building in violation shall be subject to the penalties and remedies imposed by Article 11 of this chapter. 17533. Porkchop subdivisions. A. Optional porkchop subdivisions in RC and R Districts. Developers of residential subdivisions of two (2) to four (4) lots in the RC and R Districts on existing town roads as of the date this chapter is enacted, may elect to follow the requirements for porkchop subdivisions in Table 41, provided that all lots are entered from a common driveway whose maintenance is guaranteed in the deeds to the lots concerned. A common driveway to a porkchop subdivision will only serve a maximum of four (4) lots. Adjacent porkchop subdivisions will not share a common driveway. Each porkchop subdivision will have a common driveway independent from any other subdivision. 54 Table 41. Requirements for Optional Porkchop Subdivisions Minimum area Minimum frontage Porkchop subdivision lots (square feet) area (feet) Smallest lot 80,000 200 Porkchop lot 160,000 50 Average, all lots 120,000 125* *NOTE: The Planning Board is empowered to reduce the average frontage to not less than one hundred (100) feet in the case of a porkchop subdivision of a nonconforming lot into not more than three (3) lots, provided that the requirement for minimum area is met. Article V WETLAND CON