The purpose of this district is to provide flexibility in the development of certain types of intense land uses, and to insure that these developments will be in harmony with the character of the area, provisions are hereby made for planned unit developments.

(Ord. No. 2003-04, § 2(8-5-180B-1), 2-4-2003)

The planned unit development (P-D) district recognizes and allows mixed uses. Mixed uses that are in the same structure are permitted. P-D district uses are regulated hereinbelow and as the same are submitted and approved in a planned unit development application. No nonpermitted use shall be approved in a plan. Other permitted uses include:

(1)

Commercial parking lots and parking garages are accepted where such facilities are parking decks which: do not exceed 40 feet in height, are placed to the rear or at the interior of all developments, conceal automobiles from visibility at the public right-of-way, have the appearance of a horizontally storied building, contain continuous, street fronting, ground level office, retail, hospitality uses, restaurants and/or residential uses on at least two facades, underground parking is allowed when possible; and

(2)

Attached noncommercial parking designed and utilized specifically for the use of a facility containing a permitted use operation on the same lot is allowed. The standards for noncommercial parking shall be as follows:

a.

Noncommercial parking areas shall be placed to the rear or at the interior of all commercial developments and are prohibited from being placed in front of buildings, between the building and public right-of-way in new developments.

b.

A continuous landscape buffer, a minimum of ten feet in width, shall be required between the parking area and the right-of-way for new and existing parking areas. The landscape buffer must be provided when repairs are made to parking areas.

c.

Underground parking is allowed when possible. Aboveground parking decks shall conceal automobiles from visibility at the public right-of-way and shall have the appearance of a horizontally storied building.

(Ord. No. 2003-04, § 2(8-5-180B-2), 2-4-2003)

The following uses are not allowed in a P-D zone:

(1)

Cellular telephone or other communications towers;

(2)

Undertaking; and

(3)

All uses allowed in I-1 and I-2 zones except:

a.

Film developing;

b.

Dry cleaners; and

c.

Printing shops.

(Ord. No. 2003-04, § 2(8-5-180B-3), 2-4-2003)

Application for approval of a planned unit development shall be made with the office of the building official. The building official will forward the application to the design review committee (DRC). A preapplication conference will be scheduled with the applicant and the DRC. Upon completion of this process, a final application with plan may proceed forward. The terms "application" and "plan" are used synonymously in this article.

(Ord. No. 2003-04, § 2(8-5-180B-4), 2-4-2003)

(a)

In reviewing the application, the DRC will establish that the following development criteria (as applicable) have been met:

(1)

The P-D application contains specific plans and designs including property boundaries, grading, building locations, location and size of all sewer, water and storage drainage lines, right-of-way and easements both existing and proposed, square footage of all buildings, height of all buildings, land uses of all buildings, architectural style and facade treatment of buildings, location and size of all parking spaces, loading areas, driveways, walkways, curb cuts, landscaping, open space, recreational areas and facilities.

(2)

Existing developments will not be adversely affected by and will be protected from noise, light, odor, glare, dust and fumes.

(3)

Residential uses within the development will not be adversely affected by and will be protected from noise, light, odor, glare, dust, and fumes.

(4)

Planted buffers, solid walls and setbacks provide sufficient separation between different types of land use, such as between attached and detached residential developments, or residential and commercial facilities to guarantee compatibility of the mixed land uses.

(5)

Accessory uses and their required parking do not occupy more than 30 percent of the land area of the property, nor more than 25 percent of the total floor area of the combined floor area of all buildings.

(6)

All buildings maintain a compatible architectural style.

(7)

Any traffic generated by such a use will not present problems of safety or unduly impede normal traffic movement on adjacent streets.

(8)

Landscaping, screening, open space, building location, parking and loading areas, services areas, lighting and signs and overall layout is adequate and appropriate and has a reasonable spatial and functional relationship within each development and to exterior structures, spaces and circulation elements.

(9)

The vehicular circulation system is so located and designed as to provide an efficient, safe and convenient transportation system and accommodates various transportation modes.

(10)

The pedestrian circulation system is so located and designed as to provide safe, pleasing and efficient movement, convenient linkages among land uses and facilities and generally encourages pedestrian travel.

(11)

Reservation of greenspace shall be a minimum of ten percent per plan.

(12)

The establishment of all uses at the requested locations are in accordance with the aforementioned intent section in establishing this zone and meets all applicable requirements of this chapter.

(13)

The minimum land assemblage requirements of two acres of contiguous land are met and that such land is under a single ownership.

(b)

Once an application is determined to meet the criteria listed above the application shall be treated like a request for rezoning pursuant to article 25 of this chapter.

(Ord. No. 2003-04, § 2(8-5-180B-5), 2-4-2003)

Section 93-22.1-1, chart of dimensional requirements, shall not apply to this article. Dimensional requirements applicable to the P-D district shall be generated by the application, as approved in the plan.

(Ord. No. 2003-04, § 2(8-5-180B-6), 2-4-2003)