A.

Taking into account the Commission's findings and recommendations, the Council may authorize specific uses generally not permitted by the use regulations of the zone(s) in which the development is located and provided the use is in accordance with the adopted comprehensive plan. In granting such authorization, the Council shall make the following findings:

1.

The uses permitted by the exception are strongly related to the development's principal use and serve the purpose of providing services or facilities useful or complementary to the principal use.

2.

No more than thirty (30) percent of the total area of the development shall be devoted to the mixed-uses permitted by the exception, unless the exception can satisfy a deficiency or goal in the comprehensive plan or capital improvement plan and as approved by Council on a case-by-case basis. The percentage of use exception allowed will be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions. The thirty (30) percent provision shall not apply to land dedicated for public use.

3.

The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the primary use(s), with a minimum of ten (10) percent of the primary use initiated prior to the excepted use.

4.

The uses permitted by the exception are integrated into the overall project and relying on the following criteria:

a.

Location within convenient walking distance of the primary uses.

b.

Utilization of one (1) or more of the primary uses main vehicular accesses as the primary access to the exception site or by means of an integrated connection to the exception site through a system of roadways and/or pathways.

c.

Providing pedestrian and bicycle pathway connections with the primary use site.

d.

Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site.

e.

A continuation of architectural themes and designs, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent, harmonious and thread throughout the PUD.

f.

The uses permitted by the exception are neighborhood serving in size and character, and not detrimental to adjacent neighborhoods.

(Ord. No. 2024-06, § 2, 4-16-2024)