It is the purpose and intent of the planned business campus development district (PBCD) to provide an optional, alternative procedure to develop or redevelop certain lands within the town as planned business campus developments (PBCD). As set forth herein, PBCD districts are to encourage land planners, architects, engineers, builders and developers to exercise ingenuity and imagination in the planning and development (or redevelopment) of relatively large tracts of land under one ownership or control. Although planned business campus developments (PBCD) produced in compliance with the terms and provisions of this article may depart from the strict application of use, setback, height, and minimum lot requirements of the zones wherein they are permitted, such developments are to be in keeping with the overall land use intensity and open space requirements of this chapter. The intent of this article is to provide standards by which such flexibility may be accomplished, while maintaining and protecting the public interest so that:

(1)

A more creative approach may be taken to the development of contiguous tracts of land.

(2)

A more desirable environment may be accomplished than would be possible through strict application of the minimum requirements of this chapter.

(3)

Land may be used more efficiently, resulting in smaller networks of utilities and streets, with consequent lower construction and maintenance costs.

(4)

Application of PBCD district procedures to a given site will minimize land use conflicts and encourage harmonious development of the site and the surrounding areas, community facilities, and patterns of vehicular circulation.

(Ord. No. 225, § 2(10-98A.), 2-8-90)

The provisions which follow shall apply generally to the creation and regulation of all PBCD districts. Where there are conflicts between these special PBCD provisions and general zoning, subdivision or other applicable regulations, this article shall apply. The standards as contained in this article, and the PBCD guidelines and standards adopted as part of this chapter shall apply to the creation of PBCD districts and to the issuance of building permits and certificates of occupancy in such PBCD districts.

(Ord. No. 225, § 2(10-98B.), 2-8-90)

PBCD districts may only be located in the PBI Airport Overlay where tracts of land are suitable in location, extent, and character for the structures and uses proposed and requirements set forth in this article.

(Ord. No. 225, § 2(10-98C.), 2-8-90; Ord. No. 463, § 2(Exh. A), 7-26-18)

The following general requirements and limitations shall apply in PBCD districts approved under the terms and provisions of this article:

(1)

Unified control. All land included within a PBCD district shall be owned or under the control of the petitioner for such zoning designation, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present firm evidence of the unified control of the entire area within the proposed PBCD district and shall state agreement that, if petitioner proceeds with the proposed development, he shall:

a.

Do so in accordance with the master plan of development officially adopted by the town council for the PBCD district, regulations existing when the amendment creating the PBCD district is adopted, and such other conditions or modifications as may be attached to the rezoning of the land to the PBCD classification;

b.

Provide agreements, contracts, deed restrictions, or sureties acceptable to the town for completion of the undertaking in accordance with the adopted master plan, as well as for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at general public expense; and

c.

Bind the development successors in title to any commitments made under subsections (1)a. and (1)b. of this section.

(2)

Master plan. Any petition for PBCD district zoning shall be accompanied by a professionally prepared master plan of the development comprised, at a minimum, of the following elements:

a.

A site development plan, drawn to a minimum scale of 50 feet equals one inch, which shall indicate:

1.

The title of the project and name of developer and owner;

2.

Scale, date, north arrow and general location map;

3.

Boundaries of the subject property, all existing streets, buildings, water courses, easements, section lines, and other important physical features within and adjoining the proposed project;

4.

Existing topography at an interval of one foot or less;

5.

The proposed use of all land within the project boundaries, including the location and function of all areas proposed to be dedicated or reserved for community and/or public use;

6.

The approximate location of all proposed structures, open space, landscaping and off-street parking and loading areas;

7.

The approximate location and size (as appropriate) of all existing and proposed drainage, water, sewer, and other utility provisions; and

8.

Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses.

b.

A written legal description of the subject property together with names and addresses of all owners of record.

c.

A supportive report which shall include:

1.

A statement indicating how and why the proposed project complies with planning and development objectives of the town including the comprehensive plan and the town area neighborhood plan;

2.

A general description of the proposed development, including information as to total acreage involved in the project, the number of acres devoted to the various categories of land use shown on the site development plan together with the respective percentage of total project acreage represented by each category, and the minimum design standards reflected by the site plan for such features as lot shape and size, building size and coverage, open space provisions, off-street parking, signs, and landscaping; and

3.

A proposed schedule of development which identifies the anticipated project start and completion dates, stages of development, if any, and the area and location of common open space to be provided at each stage.

d.

Schematic architectural drawings (floor plans, elevations, perspectives) of all proposed structure types and improvements in the proposed project.

e.

Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the PBCD and any of its common areas or facilities.

(3)

Professional services required. Any master plan of development submitted in support of a petition for PBCD district zoning shall certify that the services of two or more of the following professionals were utilized in the design or planning process:

a.

A practicing urban planner who possesses full membership in the American Institute of Planners; and/or

b.

A practicing landscape architect who possesses full membership in the American Society of Landscape Architects, together with either:

1.

A practicing civil engineer licensed by the state; or

2.

A practicing architect licensed by the state.

(4)

Common open space. Any common open space established by an adopted master plan of development for a PBCD district shall be subject to the following:

a.

The town council may require that the petitioner provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise except to an organization conceived and established to own and maintain the common open space. However, the conditions of the transfer shall conform to the adopted master plan.

b.

If the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of the PBCD district fail to maintain the common open space in reasonable order and condition in accordance with the adopted master plan of development, the town council may serve written notice upon such organization and/or the owners, tenants of the planned business campus development and hold a public hearing regarding the deficiencies. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the town council shall call upon any public or private agency of its choice to maintain the common open space for a period of one year. When the town council determines that the subject organization is not prepared or able to maintain the common open space, such public or private agency shall continue maintenance for yearly periods.

c.

The cost of such maintenance by such public or private agency shall be assessed proportionally against the properties within the PBCD district that have a right of enjoyment of the common open space, and shall become a lien on such properties.

(5)

Dedication of public facilities. The town council may, as a condition of approval and adoption of the master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use in a PBCD district.

(6)

Application fee. At the time of filing an application for a PBCD district, the applicant shall, in lieu of the normal zoning fee, pay a fee to be set by the town council by resolution and amended from time to time as necessary. The fee is not reimbursable but is to help defray the cost of administering and processing the application.

(Ord. No. 225, § 2(10-98D.), 2-8-90)

Petitions for PBCD zoning shall be submitted and processed as for zoning amendments generally and in accordance with the following special procedures:

(1)

Preapplication conference. Prior to submitting a formal application for PBCD zoning, the petitioner is encouraged to confer with the planning and zoning commission and other agencies and officials of the town involved in the review and processing of such applications and related materials. The petitioner is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans, programs or other matters that may affect the proposed planned business campus development. This preapplication conference should address, but not be limited to, such matters as:

a.

The proper relation between the anticipated project and surrounding uses, and the effect of the proposed development on the comprehensive plan of the town and/or stated planning and development objectives of the town.

b.

The adequacy of existing and proposed streets, utilities and other public facilities to serve the development.

c.

The nature, design and appropriateness of the proposed land use arrangement for the size and configuration of property involved.

d.

The adequacy of open space areas in existence and as proposed to serve the development.

e.

The ability of the subject property and of surrounding areas to accommodate future expansion, if needed.

(2)

Petition materials. In addition to information generally required for rezoning petitions, the petitioner shall submit the following materials or data in sufficient copies for necessary referrals and records:

a.

Evidence of unified control of the proposed planned business campus development and the associated agreements.

b.

A proposed master plan of the development.

c.

Such other material as the petitioner may feel is applicable to and in support of the petition for PBCD district zoning.

d.

Any additional information as may be required by the planning and zoning commission or the town council at the time of any public hearing.

(3)

Prehearing conferences. Any petition for PBCD district zoning, together with all materials prescribed in this section, shall be submitted to the planning and zoning commission at least eight weeks in advance of the required public hearing before the planning and zoning commission on such petition. Prehearing conferences may be held between the petitioner and/or his representatives and officials and/or representatives of the town. The purpose of such prehearing conferences shall be to assist in bringing the application for PBCD district zoning as nearly as possible into conformity with the intent of these or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations. If such conferences are held, any recommendation for change in the petition, master plan of development, or required statements, shall become part of the public record in the case. All such recommendations shall be supported by written stated reasons for the proposed changes. The petitioner shall, in writing, indicate agreement to such recommendations, or disagreement. If the petitioner disagrees with the recommendations, such disagreements shall be included in the record of the case.

(4)

Hearing before planning and zoning commission. Appropriate public notice shall be given and a public hearing shall be held before the planning and zoning commission on the petition for PBCD district zoning. Both the notice and the hearing shall be on the petition, proposed master plan of development, and required statements as they may have been amended as a result of the prehearing conferences conducted pursuant to the provisions of this section.

(5)

Planning and zoning commission recommendations. The planning and zoning commission shall make findings as set out in this section and shall recommend to the town council approval of the PBCD district rezoning as proposed, approval conditional on stated modifications, or disapproval. In support of its recommendations, the planning and zoning commission shall make findings as to:

a.

The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, relation to surrounding areas, existing and probable future development, traffic and access, drainage, sewer, water, and other utilities.

b.

Adequacy of evidence of unified control and suitability of any proposed agreements, or contracts, or other instruments, or the need for such instruments or for amendments in those proposed, particularly as they relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the town attorney.

c.

Conformity of the proposed planned business campus development with the comprehensive plan and/or stated planning and development objectives of the town.

d.

Conformity with PBCD district regulations, or as to desirable modification of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.

(6)

Action by the town council. Unless the petition is withdrawn by the petitioner, the town council shall, upon receipt of the planning and zoning commission recommendations, advertise and hold a public hearing on the petition, as provided in Ordinance No. 191. The notice and hearing shall be on the petition and master plan of development as recommended by the planning and zoning commission to the town council. The town council shall grant the proposed rezoning to PBCD, deny the petition for PBCD district rezoning, or grant PBCD district rezoning with conditions or modifications. Such modifications shall be stated with reference to the appropriate subsection of this section upon which they are based and the reasons thereof.

(Ord. No. 225, § 2(10-98E.), 2-8-90)

(a)

If the town council approves the proposed rezoning in accordance with Ordinance No. 191, the master plan of development and all other information and materials formally submitted with the petition shall be adopted as an amendment to this chapter and shall become the standards of development for the subject planned business campus development.

(b)

Thereafter, development in the area delineated as a PBCD district on the official zoning map shall proceed only in accordance with the adopted master plan for such district. Such development shall conform to any order of staging or set of priorities or time limitation established in this chapter. Before development of any type may proceed, however, all agreements or contracts required but not approved at the time of amending action shall be approved by appropriate officers of the town.

(c)

No building permit or certificate of occupancy shall be issued for development in a PBCD district except in conformity with all provisions of the rezoning to PBCD district classification. In those instances where preliminary and final plats are required by other town regulations, building permits may be issued after a preliminary plat has been approved by the town council, thereby permitting appropriate construction of necessary improvements. No certificates of occupancy shall be issued until the final plat of the project, or phase thereof, has been approved and recorded.

(Ord. No. 225, § 2(10-98F.), 2-8-90)

The town council may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by the adopted master plan of development for a designated PBCD district, provided that such modifications do not:

(1)

Increase by more than five percent the cubic feet of any building, the number of structures, or densities as specified by the adopted master plan.

(2)

Change any boundary of the planned business campus development.

(3)

Rearrange any lot, block, building tract or common open space as shown on the adopted master plan.

(4)

Change any use as shown on the adopted master plan.

(5)

Change the location or amounts of land devoted to specified land uses on the adopted master plan.

(6)

Change the intent of the master plan of development as adopted by the town council.

Any change other than those indicated above shall be processed as for a new application for PBCD district zoning.

(Ord. No. 225, § 2(10-98G.), 2-8-90)

In addition to all general provisions and procedures set out in this article, the following requirements, limitations, and standards shall apply to: the location of planned business campus development districts; the preparation of master development plans for such PBCD districts; the review of petitions for PBCD zoning; and the development (or redevelopment) of PBCD districts that have been adopted as amendments to this chapter:

(1)

Minimum area required. The minimum area required for PBCD districts shall be ten acres.

(2)

Character of the site. Any PBCD district site shall be suitable for development in the manner proposed without undue hazards to persons or property, on or off the tract, from probability of flooding, wind or water erosion, soil subsidence, slipping of the soil, subsidence of buildings, or other structures or facilities. Condition of soil, groundwater level, drainage, and topography shall all be appropriate to both the kind and pattern of use intended. The site shall also contain sufficient width and depth to adequately accommodate its proposed use and design.

(3)

Uses permitted. The uses permitted in each PBCD shall be only those specifically approved by the town council pursuant to the procedures outlined in this section. Permitted uses in a PBCD district shall be limited to the following:

a.

Licensed medical and health care facilities (i.e. doctors, dentists).

b.

Architects, engineers and planners offices.

c.

Attorneys offices.

d.

Accountants/bookkeepers offices.

e.

Business offices of a similar nature as above, as determined by the town council.

f.

Publicly owned and operated buildings and facilities, as determined by the town council.

g.

Neighborhood parks.

h.

Public and private schools.

(4)

Uses prohibited. The following uses shall be specifically prohibited in PBCD districts:

a.

Residential.

b.

Churches.

c.

General retail sales, rentals or leasing establishments.

d.

Fast food service establishments.

e.

Restaurants, bars, taverns, lounges or nightclubs.

f.

Adult bookstores/entertainment establishment.

g.

Insurance offices.

h.

Veterinarians/kennels.

i.

Check cashing establishments.

j.

Pawnshops.

k.

Bulk storage of petroleum products.

l.

Outdoor retail sales, except plant nurseries.

m.

Day, hour and/or shortterm labor offices.

n.

Industrial uses of any type.

o.

Self-storage facilities.

p.

Outdoor storage of any type.

q.

Any other uses similar to the above, as determined by the town council.

(5)

Minimum open space required. The minimum total open space (including all streets, parking, lawn, landscaped areas, patios, recreation areas, and the like) required in a PBCD district shall vary in accordance with the zone from which such district is created. Such open space requirements, stated in terms of a minimum ratio of open (outdoor) area per total ground or first floor area of the project, are as follows:

(6)

PBCD boundary setbacks. No building within a planned business campus development shall be located within 40 feet of any boundary line of a PBCD district or any public street or roadway.

(7)

Off-street parking requirements. Off-street parking spaces for permitted uses in a PBCD district shall be provided in accordance with town codes and ordinances.

(8)

Site planning; external relationships. Site planning within a PBCD district shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding areas from potentially adverse influences generated by or within the district. In particular:

a.

Principal vehicular access points shall be designed to encourage smooth traffic flow and minimum hazards of vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. In general, minor streets shall not be connected with minor streets outside the district in such a way as to encourage through traffic or flow of traffic from the PBCD district along minor streets in neighboring residential areas. Where streets within the PBCD district intersect adjoining streets, visibility triangles shall be maintained.

b.

Fences, walls or vegetative screening of PBCD districts shall be provided where needed to protect adjoining properties from undesirable views, lighting, noise or other adverse offsite influences, or to protect adjoining districts from similar possible influences within the PBCD district. In all cases, screening shall at a minimum be designed to protect existing and potential first-floor window levels. In particular, parking areas for five or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened.

(9)

Site planning; internal relationships. The site development plan for a PBCD district shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular:

a.

Streets, drives, parking and service areas shall provide safe and convenient access to project facilities, and for service and emergency vehicles, but streets shall not be so laid out as to encourage traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated nor create unnecessary fragmentation of the development into small blocks, nor shall streets be so laid out or constructed as to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the PBCD district.

b.

Private streets or roads if proposed by petitioner and approved by the town, shall have a minimum right-of-way width of 40 feet, if pedestrian walks are provided other than along each side of such street. Such right-of-way shall be a minimum of 50 feet, if pedestrian walks are provided along the streets. Utilities shall be constructed in the right-of-way, whenever practical. All public roads shall have concrete curbs and gutters and concrete drive approaches.

(10)

Preservation and protection of desirable natural features. Every effort shall be made in the planning and development of a PBCD district to preserve and protect desirable natural features of the site, including trees and other vegetation of consequence. The disturbance of terrain or vegetation in a manner likely to significantly increase either wind or water erosion within or adjacent to the PBCD district shall be prohibited.

(11)

Sign limitation. Signs shall be permitted in accordance with applicable town codes and ordinances in a PBCD district.

(12)

Utilities. It is intended that within a PBCD district, all utilities, including telephone, television cable, and electrical systems shall be installed underground; provided, however, that appurtenances to these systems which require aboveground installation must be effectively screened, and primary facilities providing service to the site of the development, or necessary to service areas outside the district, may be exempted from this requirement by the town council.

(Ord. No. 225, § 2(10-98H.), 2-8-90; Ord. No. 247, § 1, 5-6-93)