The requirements of this section shall be considered minimum for planned developments.

   1.   Dwelling Groups.

      A.   In the case of a project consisting of a group of two or more buildings to be constructed on a plot of ground not subdivided into the customary streets and lots and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual building units in such project, the applying of such requirements to such project shall be done by the Board of Adjustment in a manner that will ensure substantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this chapter in the district in which the proposed project is to be located.

      B.   In no case shall the Board authorize a use or a building height prohibited in the district in which the project is to be located, or a smaller lot area per family than the minimum required under this chapter in such district. Nor shall the Board authorize a building coverage exceeding that which would be obtained were the same area to be developed by the customary subdivision thereof into streets and lots in conformance with the Subdivision Regulations, and by the type of buildings customary in the district and in compliance with the requirements of this chapter. The Board shall not authorize the erection of a project on a parcel of ground occupied by another principal structure.

   2.   Residence Development Projects.

      A.   A residence development project consisting of any number of buildings, the contemplated arrangement of which makes it impossible to apply the requirements of this chapter to the individual buildings, may be authorized by the Board of Adjustment in districts in which such projects are permitted under this chapter. In so doing, the Board shall first refer the plans for such project to the Commission for study, public hearing and report upon finding that the plans of such project meet the following conditions:

         (1)   The tract of land on which the project is to be erected meets minimum size requirements as specified in paragraph B of this section.

         (2)   The buildings are to be used only for residential purposes and the customary accessory uses, such as private garages, storage spaces, recreational and community activities.

         (3)   The average lot area per family or dwelling unit on the site, exclusive of the area occupied by drives or streets, will not be less than 90 percent of the lot area per family required in the district in which the project is to be located.

         (4)   There is to be provided within the tract, or immediately adjacent thereto, parking spaces in private garages or off-street parking areas as specified in Section 165.22.

         (5)   There are to be provided, as a part of the project, adequate recreation areas to serve the needs of the anticipated population to be housed therein.

         (6)   Drives, access ways and parking areas are developed to a standard equal to that required for public use.

         (7)   Such drives and access ways are protected by recorded deed covenants assuring their availability to all residents of the project.

         (8)   The proposed project will constitute a residential environment of a sustained desirability and stability; it will be in harmony with the character of the surrounding neighborhood and ensure substantially the same type of occupancy as obtained or may be expected to be obtained in said neighborhood; it will result in intensity of land utilization no higher and standards of open spaces at least as high as permitted or specified in this chapter in the district in which the project is to be located.

         (9)   The project will be consistent with the intent and purpose of this chapter to promote public health, safety, and general welfare.

      B.   Height, yards, and lot coverage shall be regulated by the following schedule, and in no case shall the Board authorize standards less than the following:

 

      C.   Any change in an approved plan shall be referred by the Board of Adjustment to the Commission for study and report, prior to any action by the Board.

      D.   The Board of Adjustment shall approve or disapprove any plan or revision of an approved plan within 60 days of the filing of all elements of the plan.

      A.   Shopping Centers Defined. For purposes of this section, shopping centers are defined as follows:

         (1)   “Neighborhood shopping center” means a shopping center the principal establishment of which is customarily a supermarket type food store.

         (2)   “Sub-community shopping center” means a shopping center the principal establishment of which is customarily a variety store.

         (3)   “Community shopping center” means an area within which various facilities and services, such as filling stations, restaurants, banks, fire or police stations, clubs, etc., may be established.

      B.   Minimum Area. The owner of a tract of land located in any district at or near where a proposed shopping center is shown on the adopted land use plan shall submit to the Commission for its review a preliminary plan for the use and development thereof for an integrated shopping center, provided that said tract of land shall meet the following minimum area requirements:

         (1)   Neighborhood shopping center: not less than two acres.

         (2)   Sub-community or community shopping center: not less than 10 acres.

      C.   Applicant - Financial Ability. In accepting such plan for review, the Commission shall be satisfied that the applicant is financially able to carry out the proposed project, that construction will start within one year, if a neighborhood shopping center, and two years, if a sub-community or community shopping center, of the approval of the project and necessary zoning district change, and will be completed within a reasonable time as determined by the Commission.

      D.   Commission Findings. It then shall be the duty of the Commission to investigate and ascertain whether the location, size and other characteristics of the site, and the proposed plan comply with the following conditions.

         (1)   Need Must Be Demonstrated. Need for the proposed center at the proposed location, to provide adequate shopping facilities to the surrounding neighborhood, sub-community, or community or part thereof, as the case may be, has been demonstrated by the applicant by means of market studies and such other evidence as the Commission may require.

         (2)   Adequacy - Site. The proposed shopping center is adequate, but not excessive, in size to provide adequate shopping or service facilities for the population which reasonably may be expected to be served by the proposed center.

         (3)   Traffic Congestion - Not to Be Created. The proposed shopping center is at a location where traffic congestion does not exist at present on the streets to be utilized for access to the proposed center, and where such congestion will not likely be created by the proposed center; or where such existing or possible future congestion will be obviated by presently projected improvement of access thoroughfares or by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking.

         (4)   Thoroughfare Access Required. Any neighborhood shopping center will abut and front a street designated on the official transportation plan as an expressway or arterial thoroughfare; and any sub-community or community shopping center shall abut and front on a street designated on said plan as an expressway or arterial thoroughfare.

         (5)   Integrated Design. The plan provides for a shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping. The project shall be arranged in an attractive and efficient manner, convenient, pleasant and safe to use, and fitting harmoniously into, and having no adverse effects upon, the adjoining or surrounding properties.

      E.   Permitted Uses. The uses permitted in an integrated shopping center shall be appropriate to the specific functions thereof. In the case of all shopping centers, the allowable uses shall be those permitted in the B-1 District; provided, however, no residential, heavy commercial or industrial uses shall be permitted in any shopping center and only those uses shall be authorized which are necessary or desirable to supply the surrounding neighborhood, sub-community or community with goods or services. All uses authorized in this manner shall be in harmony with the design of the center and the environs thereof.

      F.   Standards Applicable. The following regulations shall apply to an integrated shopping center.

         (1)   Building Height. No building shall exceed two and one-half stories or 35 feet in height.

         (2)   Yards. No building shall be less than 50 feet distant from any boundary of the tract or site on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any R District, and except for necessary entrances and exits, from all properties located in any R District across the street and within 100 feet from such center. The type and nature of such screening shall be determined by the Commission.

         (3)   Tract Coverage. The ground area occupied by all the buildings shall not exceed in the aggregate 25 percent of the total area of the tract or site.

         (4)   Customer Parking Space. Notwithstanding any other requirements of this chapter, there shall be provided at least two square feet of off-street parking area, including driveways, for every square foot of total floor space, not including storage space, in an integrated neighborhood shopping center; and three square feet of off-street parking area for every square foot of total space, not including storage space, in a sub-community or community shopping center.

         (5)   Loading Space. Notwithstanding any other requirements of this chapter, there shall be provided one off-street loading space for each 5,000 square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third of the space required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.

         (6)   Illumination of Accessways and Parking Areas. Accessways and parking area shall be adequately lighted by shielding media lighting fixtures which shall be so installed as to reflect light away from adjoining properties.

         (7)   Signs. Subject to the provisions of Section 165.21 and approval by the Commission, all signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, with the view to preventing excessive advertising and promoting a harmonious appearance to the center as a whole.

      G.   Final Development Plan. Upon determination by the Commission that the proposed integrated shopping center as shown in the preliminary plan appears to conform to the requirements herein and all other applicable requirements of this chapter, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required by the Commission, along with an application for change of zoning to the appropriate business district classification.

      H.   Recommendations to Council. If the final development plan is found to comply with the requirements herein and other applicable provisions of this chapter, the Commission, after public hearing on both the development plan and application for a zoning district change, shall submit said plan, its report and recommendations to the Council.

      I.   Rezoning. The Council may modify the plan, consistent with the intent and meaning of this chapter, and may rezone the property to a classification permitting the proposed center, for development in substantial conformity with the final plan, as approved by Commission.

      J.   Adjustments - Authorized by Commission. After the final development plan has been approved by the Council and in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, loading areas, entrances, height, or yards may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this chapter, such adjustments or rearrangements may be authorized by the Commission.