It is the intention of this ordinance to provide areas of sufficient size and allowing reasonable flexibility in design and orientation for the establishment of a structure or group of structures which include one or more retail sales, service and office enterprises on a single parcel of land in the form generally known as a "one stop shopping center."

In the case of a plan for a large scale development which, in the judgment of the planning commission and county commission, provides adequate open space and improvements for pedestrian and vehicular circulation, light, air and service needs of the tract when fully developed, the application of the usual requirements of area, height, bulk and placement is not intended within the planned unit development. The application of these usual restrictions in certain large scale developments may have results affording less protection to the public health, safety and welfare than if this intended measure of flexibility where permitted. The intent of this district is to increase the desirability and convenience to the users of the development without causing adverse effects on adjoining properties.

The minimum size of a commercial planned unit development district is four acres.

Within the commercial planned unit development districts, the following regulations shall apply.

(Ord. No. 2006-5, § 1, 10-24-06)

The following shall be uses permitted in a C-PUD district:

1.

Motor vehicle car wash establishments.

2.

Service stations in accordance with the provisions of section 16.06.

3.

Bake shops, provided that at least 75 percent of all baked goods produced on the premises are sold at retail on said premises.

4.

Barber shops.

5.

Beauty shops.

6.

Banks.

7.

Bicycle rental or repair shops.

8.

Billiard halls.

9.

Carpet, rug, linoleum, or other floor covering stores.

10.

Clothing establishments.

11.

Custom dressmaking, millinery and tailoring.

12.

Department stores.

13.

Eating and drinking places in which there is no dancing or floor show or other live entertainment involving more than one person.

14.

Furniture stores.

15.

Laundry and dry cleaning, pickup and delivery stations and laundries operated by customers such as launderettes, laundromats, and the like.

16.

Offices of the following nature:

a.

Medical and dental offices not including veterinarian establishments or any type of medical facility permitting overnight patients.

b.

Realtor offices.

c.

Insurance offices.

17.

Photographic developing or printing establishments and studios.

18.

Studios for instruction in music, dancing or theatrical arts.

19.

Shops and stores for the sale of art supplies, beverages, confections, delicatessens, drugs, dry goods, flowers, foodstuffs, including meats, gifts, hardware, small household appliances, jewelry, leather goods, music, notions, paint, periodicals, radio, television and the like, sewing machines for household use only, sporting goods, stamps or coins, stationery, sundry small household articles, tobacco or wearing apparel.

20.

Television, radio, household appliance repair shops.

21.

Small business machine repair shops.

22.

Upholstering shops dealing directly with customers.

23.

Venetian blinds, window shades or awning shops, custom shops, including repairs, limited to 2,500 square feet of floor area per establishment.

24.

Other uses similar to the above subject to planning commission and county commission approval as being compatible with the use or uses on surrounding property and subject to the following restrictions:

1.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

2.

All business, servicing or processing except for off-street/road parking or loading shall be conducted within completely enclosed buildings.

25.

Public utility buildings and uses but not including service or outdoor storage yards.

(Ord. No. 2006-5, § 1, 10-24-06)

The following shall be accessory uses permitted in a C-PUD district:

1.

Accessory buildings, structures and uses customarily incidental to the above uses when located on the same premises.

2.

Signs advertising goods or services offered for sale on the premises and the name of the establishment, provided such signs are in conformity with regulations set forth in section 4.32.

(Ord. No. 2006-5, § 1, 10-24-06)

Off-street/road parking and loading in a C-PUD district shall be in accordance with the following regulations contained in this ordinance.

The amount of required off-street/road parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified above shall be determined in accordance with the provisions of article VI.

(Ord. No. 2006-5, § 1, 10-24-06)

On the same premises with every building, structure or part thereof, erected and occupied for the purpose of serving customers in their automobiles by means of a service window or similar arrangement, such as drive-in cleaning establishments, where the automobile engine is not turned off, there shall be provided three off-street/road waiting spaces for each service window, with the exception of drive-in banks, which shall require six off-street/road waiting spaces for each service window.

An off-street/road waiting space is defined as an area ten feet wide by 20 feet long.

Self-service motor vehicle car wash establishments shall provide four off-street/road waiting spaces for each washing stall. Motor vehicle car wash establishments other than self-service, shall provide four waiting spaces for each washing stall. A drying lane 50 feet long shall also be provided at the exit of each washing stall in order to prevent undue amounts of water from collecting on the public street/road and thereby creating a traffic hazard.

(Ord. No. 2006-5, § 1, 10-24-06)

In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of service stations, and to regulate and control the adverse effects which these and other problems incidental to the service stations may exercise upon adjacent and surrounding areas, the following additional regulations and requirements are provided herein for service stations located in the commercial planned unit development district:

a.

The operation of any automotive service station and garage shall observe the rules of the Safety Fire Commission as presently promulgated and amended, and future amendments thereto, as well as in accordance with NFPA 30A (1991) standards pertinent to these entities.

b.

Service stations shall be located having a frontage along the principal street/road of not less than 140 feet, and having a minimum area of not less than 22,000 square feet.

c.

Service station buildings housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street/road lot line, and not less than ten feet from any other lot line.

d.

All driveways providing ingress and egress from an service station shall be not more than 30 feet wide at the property line. Not more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street/road. No driveway or curb opening shall be located nearer than ten feet to any corner or exterior lot line, as measured along the property line, to any other driveway giving access to or from the same service station.

e.

A raised curb six inches in height shall be erected along all street/road lot lines, except for driveway openings.

f.

The entire service station area, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant mixed bituminous material, or, if any part of the lot is not so surfaced, then that area shall be landscaped and separated from all surface areas by a low barrier or curb.

g.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All fuel pumps shall be located not less than 15 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with fuel or serviced while parked upon or overhanging any public sidewalk, street/road or right-of-way.

h.

A service station located on a plot having an area of 22,000 square feet shall include not more than eight fuel dispenser pumps and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two fuel dispenser pumps and/or one enclosed stall may be included with the provision of each additional 2,000 square feet of plot area.

i.

Where a service station adjoins any property located in any residential zone, or is separated from any such property by a public alley only, a masonry wall six feet in height shall be erected and maintained along the common lot line or along the alley lot line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.

j.

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

k.

The total fuel storage capacity of each service station shall not exceed state guidelines.

l.

No service station shall be located nearer than 500 feet as measured from any point on the property line to any public or private school, or playground.

m.

Outdoor storage or parking of vehicles other than private automobiles or tow trucks associated with the business shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

n.

No fuel tank shall be filled at a service station except through a hose connected to a pump of a type approved by the Underwriters' Laboratories, Incorporated.

o.

No flammable or hazardous materials shall be kept or conveyed in open receptacles or in glass bottles or other breakable containers on the premises of a service station, except in glass bottles of not more than eight ounces capacity used for sample purposes, and shall not be used for cleaning purposes on such premises. No fuel pump shall be installed in any building.

p.

All combustible waste and rubbish, including crankcase drainings shall be kept in approved receptacles fitted with a tight cover until removed from the premises. No flammable or hazardous materials shall be allowed to flow into or be placed in the drainage system. Oil and grease shall not be allowed to accumulate on the floor. Sawdust shall not be kept in any service station or place of storage therein, and sawdust or other combustible material shall not be used to absorb oil, grease or fuel.

q.

All service station proprietors and attendants upon being notified by any county official of the presence of flammable or hazardous materials in sewers shall cooperate in ascertaining the reason there of. There shall be constantly maintained in good working order at least two 2½-gallon fully charged, portable type fire extinguishers at each service station.

(Ord. No. 2006-5, § 1, 10-24-06)

In connection with all of the above uses, the following requirements shall be complied with before any building permit is issued. The developer shall furnish the zoning administrator with two copies of the letter of intent and the development plans for any use permitted in the commercial planned unit development district, drawn to scale, showing the general location of all buildings, road, parking areas, open areas, sidewalks and street lighting. Typical elevations of all four sides of the proposed building, proposed number of units by type and floor space shall be submitted, (e.g., furniture sales, 800 square feet). Two copies of any proposed protective covenants shall also be submitted whereby the developer proposes to regulate the development if the property is to be subdivided or if requested by the zoning administrator.

The zoning administrator shall refer the proposal as submitted to the planning commission and county commission for approval.

(Ord. No. 2006-5, § 1, 10-24-06)

The procedure for preliminary and final approval of a commercial planned unit development shall be in compliance with article X, sections 10.03—10.05 of this ordinance.

(Ord. No. 2006-5, § 1, 10-24-06)