§ 155.117  CONDITIONAL USE STANDARDS.
   Before issuing a conditional use permit, the Board of Adjustment shall find that all standards for specific uses listed in these sections as well as all standards or requirements listed in this chapter have been met.
   (A)   Planned unit developments.
      (1)   Purpose. The purpose of this section is to encourage and provide for flexibility and innovation in the design and location of structures and land development, to provide for the most efficient use of land resources, and to provide an opportunity to develop land areas in a manner different from the standard arrangement of 1 principal building on 1 lot. It is further intended that a planned unit development will be in harmony with the character of the district in which it is located.
      (2)   Planned unit development defined.  In this chapter, a PLANNED UNIT DEVELOPMENT means a development where more than 1 principal building is proposed to be constructed on a single tract, or any multifamily residential complex containing 9 or more dwelling units, or any building with a gross floor area of 25,000 square feet or more.
      (3)   Land development standards.  The following land development standards shall apply for all planned unit developments. These planned unit developments may be located only in certain specified districts as conditional uses, subject to a finding by the Board of Adjustment that the following conditions be met:
         (a)   Ownership control.  The land in a planned unit development shall be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.
         (b)   Density requirements.  There are no density requirements for nonresidential uses as long as the proposed project does not violate the intent of the district in which it is located. The proposed residential density of the planned unit development shall conform to that permitted in the district in which the development is located. If the planned unit development lies in more than 1 district, the number of allowable dwelling units must be separately calculated for each portion of the planned unit development that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire planned unit development.
         (c)   Frontage requirements.  Planned unit developments shall have access to a highway or road suitable for the scale and density of the development being proposed.
         (d)   Minimum requirements;required distance between buildings.  The minimum distance between buildings shall be 20 feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy and space for emergency vehicles. Every dwelling unit shall have access to a public or private street, walkway or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties, in order to ensure acceptable levels of access for emergency vehicles.
         (e)   Privacy.  Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants and adjacent properties, for screening of objectionable views or uses, and for reduction of noise. Multi-level buildings shall be located in such a way as to dissipate any adverse impact on adjoining low rise buildings and shall not invade the privacy of the occupants of the low rise buildings.
         (f)   Perimeter requirements.  Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of this chapter for the district within which the property is situated.
         (g)   Plans for water and sewer systems. Plans and accompanying documentation to ensure that the water and sewer systems proposed for the planned unit development have been approved by the appropriate local and state agencies shall be submitted as part of the application.
         (h)   Preliminary plans.  Preliminary plans shall include parking provisions for all proposed uses within the planned unit development in accordance with this chapter. When more than 1 use is located in the planned unit development, the minimum required parking shall be the sum of the required parking for each use within the development.
         (i)   Vehicle and pedestrian traffic.  Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.
         (j)   Parking areas.  Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the character within the zoning district and desirable character in any adjoining district. Provisions for solid waste collection and disposal shall be according to village policies.
         (k)   Conveyance and maintenance.  Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Chapter 47-A) and/or any other appropriate mechanisms acceptable to the Board of Adjustment.
   (B)   Vehicular parking area and display areas.  The intent of this section is to provide for trees adjacent to and/or within vehicular parking areas and display areas in order to modify and reduce the deleterious, visual, environmental and aesthetic effects of these areas.
      (1)   All vehicular surfaces and display areas, whether temporary or permanent, to which these landscaping requirements apply shall be provided with a minimum of 1 large shade tree at least 12 feet to 14 feet in height and having a minimum caliper of 2 inches, per each 2,000 square feet, or fraction thereof, of surface area, including drives, and the like. The trees shall be located and arranged that each tree trunk is no more than 50 feet from a designated vehicular parking space and shall be located within planting areas (i.e., islands) having a minimum of 300 square feet of contiguous and landscaped growing area and having a minimum dimension of 7 feet; the landscaped area shall be planted or mulched with no bare ground.
      (2)   Large shade trees shall not be located under overhead power lines. In this situation, 2 small trees, of a species that would not normally exceed 20 inches in height at maturity, shall be substituted for each required large shade tree unless prohibited by the owner of the lines or rights-of-way within which the lines exist.
      (3)   Adequate wheel stops or curbs shall be provided for the protection of trees that are within 5 feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall be a minimum of 6 inches in height, shall be anchored to the ground, and may be concrete, rot resistant heavy timbers or other effective materials.
      (4)   Existing trees may be used to satisfy the requirements of this section.
   (C)   Trash container and dumpster screen/buffers.  The large metal boxes commonly known as “dumpsters” are a type of “trash container” as the term is used herein. The dumpsters are, however, referred to in this section by specific name for purposes of emphasis and clarity.
      (1)   It is the intent of this section to provide for visual screens and/or buffers between trash container and dumpster locations and all street rights-of-way and adjoining properties. Trash containers and dumpsters shall not be located in the front yard of any property and shall be screened from view on all sides, except for 1 opening not greater than 10 feet in width to allow for service access.
      (2)   Screens and/or buffers intended to satisfy this requirement shall be in accordance with the criteria for screens/buffers as determined by the Board of Adjustment.
(2002 Code, Art. V, § 92.00.33)  (Ord. passed 10-19-1999)