§ 46-603. General requirements.

(a)

Special exception use in district. The commercial planned unit development shall be recognized as a special exception use in the commercial zoning districts (OS-1, OS-2, B-1, B-2, B-3, TS-1 and TS-2). The following requirements shall apply in addition to all other applicable requirements of this chapter for the districts in which such uses are located. In the event of duplication or similarity between the standards in this section and those found elsewhere in this chapter, the most stringent of the various requirements shall control. Review and approval of commercial planned unit developments shall fall under the jurisdiction of the city planning commission.

(b)

Purpose. The purpose of these regulations is to permit greater flexibility in the placement and design of commercial facilities in commercial districts than is generally possible under conventional zoning regulations upon demonstration that deviation from said standards is necessary to achieve utilization of a site and/or will be of benefit to the surrounding area and the city as a whole.

(c)

Requirements. The general requirements for commercial planned unit development are as follows:

(1)

Minimum area.

a.

B-2, central business district, the minimum area is two acres.

b.

Other commercial districts, the minimum area is five acres.

(2)

Contiguous. All land must be contiguous.

a.

Land separated by a street right-of-way shall not be considered contiguous; provided however, said street right-of-way shall not mean an alley under public ownership.

b.

Land separated by a public alley right-of-way shall be considered contiguous.

(3)

Ownership (filing of application). The application shall be filed by all owners of the parcel under consideration for a C-PUD.

(4)

Location and permitted uses. C-PUDs shall only be placed in underlying commercial districts. A C-PUD may contain multiple uses and buildings. The range of uses permitted within a C-PUD shall be limited to those of the underlying zone district.

(5)

Infrastructure. Public water, sanitary sewer, storm drainage facilities, and streets shall be provided as part of the site development. All public utility transmission lines shall be placed underground. All proposed infrastructure, including utility and other easements shall be indicated on the C-PUD site development plan.

a.

Subject to city approval. All utilities and streets, including design and construction, shall be subject to approval by the city departments having regulatory control over said systems.

b.

Costs borne by applicant. Off-site public infrastructure improvements necessary to serve the C-PUD shall either be in place or shall be constructed with costs borne by the applicant or by agreement acceptable to the city council.

(6)

Approval. Approval by the city planning commission is required for a C-PUD.

(7)

Rezoning and C-PUD. An application for a C-PUD shall not be accepted by the city unless the underlying zone district has a commercial classification and provides for the range of uses proposed for the C-PUD. A C-PUD shall not be submitted concurrent with a request for rezoning.

(8)

Basis for reasonable conditions. The nature of the C-PUD is such that reasonable conditions may be required pursuant to plan approval. Reasonable conditions may be required in order to:

a.

Ensure that public services and facilities affected by the C-PUD will be capable of accommodating increased service and facility loads;

b.

Protect the natural environment and conserve natural resources and energy;

c.

Ensure compatibility with adjacent land uses;

d.

Promote the use of land in a socially and economically desirable manner;

e.

Ensure compliance with the standards of this chapter; and

f.

Promote and protect the public health, safety, and welfare.

(Prior Code, § 5.40; Ord. No. 96-18, 1-6-1997)