a.

Purpose. The Community Unit Plan ("CUP") Overlay District is intended to provide well planned and well organized Developments for residential Uses of varying densities and for office, commercial, industrial and/or mixed Uses that are held under unified control at the time of initial approval. It is intended to protect the public safety, convenience, health and general welfare through standards and provisions that establish requirements as to Lot coverage, Building Height, Setback and Screening that permit review of the size, shape and location of such facilities with due regard to the tract as a whole so as to ensure the development of facilities with proper ingress and egress, Parking, drainage facilities, Screening, sign control, environmental control and other requirements and amenities. The character of the Development should be appropriate to the neighborhood and conditions and safeguards should be provided to ensure that the development will minimize any diminution, if any, in value of surrounding property. Two types of CUP regulations are set out in this section: nonresidential and residential. Additionally, a unified Nonresidential and Residential CUP can be developed so long as it adheres to the CUP requirements of Secs. III-C.2.b and III-C.2.c.

b.

Nonresidential CUPs. The following nonresidential CUP regulations shall apply to development or construction on Sites with a Contiguous area of six acres or more that are held under unified control at the time of initial approval and that are now or hereafter zoned either LC or GC, or a combination thereof. If a nonresidential project is zoned LC or GC in combination with a P-O, Protective Overlay District, compliance with the nonresidential CUP regulations of this section shall not be mandatory. At the property Owner's discretion, the nonresidential CUP regulations may also be applied to Sites that are less than six acres in size that are under unified control at the time of initial approval and that are now or hereafter zoned either LC or GC, and on lands of any size that are now or hereafter zoned either NO, GO, NR, CBD, OW, IP, LI, GI or U or a combination thereof.

(1)

Permitted Uses and Structures. The following Uses and Structures may be allowed as part of a nonresidential CUP:

(a)

All Permitted and Conditional Uses in the zoning classification in which the Development is proposed, subject to all applicable site development regulations such as, but not limited to, Supplementary Use Regulations and Special District Regulations.

(b)

Signs, provided that no portable Signs shall be permitted. Off-site Signs in any CUP approved prior to the effective date of this amendment may be permitted only after an amendment has been reviewed by the MAPC and approved by the appropriate Governing Body. Off-site signage located within any CUP shall be installed within five years of the approval by the Governing Body. No permit authorizing the installation of off-site signage located within a CUP shall be issued after the end of the five years unless a new request has been reviewed by the Metropolitan Area Planning Commission and approved by the Governing Body.

(c)

Uses and Structures that are customarily accessory and clearly incidental and subordinate to permitted Principal Uses and Structures and that do not involve operations or Structures that are incompatible with the District; and

(d)

In cases where a nonresidential CUP Development proposes a mixture of nonresidential and residential Uses, the CUP Development plan shall indicate the proposed location and general types of such Uses and the method of Screening, Landscaping and buffering.

(2)

Development standards

(a)

Minimum Setback requirements. The grouping of Buildings and Parking Areas shall be designed to protect residential areas, and Screening from noise and light shall be provided. All projects subject to the CUP standards shall comply with the following minimum standards.

1)

All Main Buildings or Structures shall set back at least 35 feet from all Street Right-of-Way Lines or Alleys.

2)

Where the proposed Development Abuts a residential District, all Buildings shall be set back at least 35 feet from such District line.

3)

There shall be a rear Yard, Alley, service drive or combination thereof with a depth of at least 30 feet.

(b)

Maximum Lot coverage. Buildings shall not cover more than 30 percent of the land upon which the Development is proposed.

(c)

Height regulations. The height standards of the underlying zoning District shall control unless reduced heights are specified as part of the CUP Development provisions.

(d)

Screening. A Solid Screening Wall with a height of between six and eight feet shall be required to prevent the passage of debris and light and to mitigate adverse visual impacts. The wall shall be constructed of brick, stone, masonry, architectural tile or other similar material (not including wood or woven wire). Screening walls shall be installed in accordance with the following standards:

1)

A Screening Wall shall be required along the property line when a residential district is Contiguous to the proposed Development. The wall shall be reduced to three feet in height for that portion that lies between the Side or Front Setback Lines of the Contiguous residential property and the property line Abutting any public street, unless the reduction in height is determined by the Governing Body to be inappropriate (See Figure 4-1);

Figure 4-1

2)

Along the property line when Adjacent to a residential District and separated by a public way, Street or Alley if the storage area, service area or rear of the Building face directly such residential District;

3)

When a part of the property on which there is a proposed commercial or industrial Development includes the NO, NR or GO District as a buffer between Adjacent residential Districts and the commercial or industrial Development, then the wall shall be constructed at the boundary between the buffer and said residential District (See Figure 4-2).

Figure 4-2

c.

Residential CUPs. The Owner or Owners of any tract of land permitting residential Uses may submit to the Planning Director a plan for the use and development of all such tracts of land for residential purposes. Such Development plan shall be referred to the Planning Commission for public hearing. The Planning Commission may approve, approve with conditions or modifications, or disapprove the Development plan. If the Development plan is approved, such Development may occur even though the Use of the land and the use and location of the Structures, including the Yards and Open Spaces required by this Code, do not conform in all respects to the regulations contained in other sections of this Code. However, the Development shall conform with the following conditions.

(1)

The land within the residential CUP shall be used only for residential purpose, for nonresidential uses permitted in the SF-5 District, and customary accessory uses, such as passenger vehicle Parking Areas, Garages, recreation and common areas.

(2)

The average Lot Area per Family contained in the Site, exclusive of the area occupied by Streets, shall be not less than the Lot Area per Family required for the District in which the residential CUP is located.

d.

Waivers. When otherwise considering a CUP, the Planning Commission or Governing Body may modify or waive the Setback, including compatibility Setback, Lot coverage, Building Height, Parking and/or Screening requirements in this section and elsewhere in this Code as part of the approval or amendment of a CUP, where the objectives of the Comprehensive Plan and good planning practices are furthered, provided that the Planning Commission or Governing Body must set forth the specific reasons for such modification and an explanation of how such modification or waiver meets the criteria and purpose of this section.