(A) Intent. The planned development project regulation is intended to permit the development of land for a purpose permitted within the zoning district in which located, and to increase the flexibility of design and encourage innovation by providing for the waiving of dimensional requirements. A planned development project may be permitted in those zoning districts where it is designated as a special use under the zoning district regulations or may be permitted in any district after an amendment to the zoning map. A planned development project may depart from literal conformance with individual lot dimension and area regulations. A planned development project may be under single or divided ownership. All planned development projects shall be subject to the following regulations.
(B) Procedure. When a planned development project is proposed, the procedure for subdivision approval as set forth in the Winchester-Clark County Subdivision Regulations shall be followed in its entirety even though the ownership of land may not be divided. A preliminary plat and final plat, both approved by the Planning Commission, shall be required for every planned development project. The Planning Commission may establish a schedule of reasonable fees to be charged for plat review. The project shall be developed according to the approved final plat. Zoning permits and certificates of occupancy shall be required for each building according to the requirements of this chapter.
(C) Uses and densities. The uses of premises and development densities in a planned development project shall conform with the permitted uses and densities of the zoning district in which it is located when it is permitted as a special use. If a planned development project is proposed which includes uses or densities that are not permitted in the zoning district where it is proposed or not permitted in any zoning district, the project may be permitted after an amendment to the zoning district in conformance with the requirements of this chapter. The amendment may be made after the conditional approval of the preliminary plat and shall be valid only for that project as approved.
(D) Standards. In any planned development project, although it is permissible to depart from literal conformance with the individual lot dimension and area regulations, there shall be no reduction in the total equivalent lot area, parking area, and loading and unloading area requirements that would be necessary for the equivalent amount of individual lot development in the zoning district where it is located unless an amendment is made to permit a greater density according to the requirements of this chapter.
(E) Special conditions. The Planning Commission shall attach reasonable special conditions to ensure that there shall be no departure from the intent of this chapter. The planned development project shall conform with all such conditions. Because a planned development project is inherently more complex than an individual lot development and because each such project must be tailored to the topography and neighboring uses, the standards for such projects cannot be inflexible. The Planning Commission may attach special conditions based on all of the following standards in addition to imposing the standards for total area, parking area, and loading and unloading areas. The Planning Commission may also attach any other reasonable special conditions.
(1) It is desirable that access points to all arterial streets shall be located no more frequently than once every eighth or quarter mile. The Planning Commission may approve the plotting of temporary access points in conformance with the subdivision regulations.
(2) Wherever there is an abrupt change in uses (i.e., residential to commercial) it is desirable that a buffer area of open space or protective planting be placed between them which will protect each use from the undesirable effects of the other.
(3) Parking and other areas used at night shall be adequately lighted, and private areas shall be adequately protected from such lighting and any other lighting from public areas. Public streets may also require protection from excessive glare of lighted areas.
(F) Amendment. An approved development plan may be amended only by the Planning Commission after a public hearing has been held on said proposed amendment. The procedure to be followed in amending a development plan shall be the same as the procedure required for approval of development plans.
(Prior Code, § 8.4)