(A)    The planned unit development concept offers developers the possibility of more efficient and flexible methods for developing property, and provides residents of the project with larger open spaces for recreation and other activities properly related to residential uses.

      (1)   Accessory uses and structures, which are customarily and clearly incidental to permitted principal uses and structures, excluding manufactured homes.

      (2)   Bank, savings and loan associations and similar financial institutions.

      (3)   Barbershops, beauty shops and similar personal service establishments.

      (4)   Bed and breakfast inns.

      (5)   Churches, synagogues, and the like.

      (6)   Community facilities.

      (7)   Eating and drinking establishments, catering establishments and bakeries with products sold at retail on the premises. Drive-thru facilities are strongly discouraged and subject to board review.

      (8)   Florist.

      (9)   Home occupations as defined in § 152.077.

      (10)   Hotels.

      (11)   Laundry and dry cleaning collection stations.

      (12)   Marinas.

      (13)   Museums.

      (14)   Offices, businesses, professional, public, and non-profits.

      (15)   Photography, dance, art, and music studios.

      (16)   Printing and copy services.

      (17)   Retail establishments, not including motor vehicle sales.

      (18)   Retirement, nursing homes, and assisted living.

      (19)   Single-family, two-family and multi-family dwellings, attached, detached and semi-detached; excluding manufactured homes.

      (20)   Schools, child care centers and family care centers.

      (21)   A mixed use of the listed permitted items.

   (C)   The Town Council may approve this form of development in the districts that allow it as a permitted or special use, provided:

      (1)   Such project is an integrated plan designed for the primary purpose of residential or mixed use;

      (2)   The site for the total project is at least four acres and at least two principal buildings are included in the plans;

      (3)   The total parcel of land is under single ownership or control, and there is reasonable assurance that the project can be successfully completed and maintained, including care and maintenance of all common open space, recreation space and other common land area;

      (4)   The preliminary plan for the proposed planned unit development shall first be submitted to the Town Planning Board for its review and recommendation to the Town Council. Such recommendations may include, but shall not be limited to, provisions for additional utilities, drainage, landscaping, lighting and streets and accessways;

      (5)   The applicant must resubmit the plan to the Planning Board if changes were recommended by the Town Council. If the plan is rejected by the Town Council, the applicant will not receive consideration of the same plan for a period of 12 months. The applicant can, however, appeal to Superior Court;

      (6)   All principal buildings and accessory buildings or uses abutting the property lines of the project must meet the minimum yard requirement of the district where the project is located for all yards abutting said property lines. All height requirements shall be met for the district where the project is located;

      (7)   The overall use of the area for buildings shall be no more than 25% of the total land area;

      (8)   Density of development may be calculated over the entire development rather than on an individual lot-by-lot basis, and can be no higher than what is permitted in the district in which the development is located;

      (9)   Off-street parking shall be provided at a ratio of two spaces per dwelling;

      (10)   All streets and parking areas shall be constructed and paved according to the standards of the town; and

      (11)   The procedure for approval of a planned unit development shall consist of the submission of a design plan to the Town Planning Board showing how the requirements of divisions (C) (1) through (4) above will be met.

   (D)   Following study and recommendations by the Planning Board, the plan must be submitted to the Town Council for final approval.

   (E)   Failure of the Planning Board to act on the plan within 60 days shall constitute a favorable recommendation to the Town Council.

   (F)   An approved project must be started within 12 months after final approval and must be completed within a reasonable time.

(Ord. passed 4-5-2010; Ord. passed 5-3-2021; Ord. 05012023-2, passed 5-1-2023; Ord. 040124-1, passed 4-1-2024)

   Electronic gaming/internet sweepstakes shall be subject to the following:

   (A)   Minimum of 500 feet of separation between electronic gaming/internet sweepstakes establishments, measured as a straight line distance between the nearest exterior walls of the businesses.

   (B)   Minimum of 500 feet of separation from religious institutions, schools, child care centers, recreation centers or parks, measured as a straight line distance to the nearest exterior wall of the business.

   (C)   Hours of operation limited to 8:00 a.m. to 10:00 p.m. Monday through Saturday and closed on Sunday.

   (D)   Machines must be compliant with state and federal law.

   (E)   No one under 18 years of age permitted to use the machines. Age must be verified for all customers who use the machines.

   (F)   Electronic gaming/internet sweepstakes machines may be allowed as accessory uses to otherwise lawful businesses in Highway Business Districts, and therefore would only be subject to standards in divisions (D) through (F) of this section, when two or fewer machines are located on the premises. Three or more machines on the same premises will be treated as a primary use and will be subject to all of the above standards for approval.

(Ord. passed 1-7-2013; Ord. passed 5-3-2021)