1135.07 NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT.
   (a)   Permitted Uses.
      (1)   The permitted uses in a PUD shall be those permitted in the underlying zoning district.
      (2)   In addition, a mixture of commercial, office, and industrial uses may be permitted within an industrially zoned PUD without having to create separate commercial zones as part of the underlying zoning.
   The following requirements shall be met with regards to such a nonresidential mixed use development:
         A.   No more than twenty-five percent (25%) of the project area may be used for retail or service commercial uses.
         B.   Retail and service commercial uses that are developed as part of a mixed-use development shall be of a type to serve the employees or nearby residents of the area.
         C.   No commercial building shall exceed 7,500 feet in gross floor area.
   (b)   Intensity of Uses. The overall density of the PUD shall not exceed the overall density permitted in the district regulations in which the PUD is located.
 
   (c)   PUD in Multiple Zoning Districts. If a non-residential PUD covers more than one (1) zoning district, the density and uses permitted must be separately calculated for each portion of the PUD District located in a separate zoning district, and then must be combined to determine the density and uses allowable in the entire PUD. However, the distribution of density and uses within the overall PUD is not to be affected by existing zoning district boundaries.
   (d)   General Guidelines. In evaluating a proposed PUD, the following guidelines shall be used by the Planning Commission:
      (1)   The non-residential PUD is consistent with all goals, objectives, policies, and plans as adopted by the Municipal Council.
      (2)   The PUD is an effective and unified treatment of the development possibilities on the project site, and the development plan makes appropriate provision for the preservation of streams and stream banks, wooded cover, rough terrain, and similar uses.
      (3)   The PUD is planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
      (4)   Off-street parking and loading is provided as required by the Germantown Zoning Code.
      (5)   All buildings and parking areas within the PUD shall not occupy more than sixty percent (60%) of the PUD. The remainder of the land shall be preserved as either improved or unimproved open space. Any open space may be conveyed in manner as outlined in Section 1135.06(h).
      (6)   Evidence of sufficient or proposed off-site and on-site services and infrastructure is presented. If the services or infrastructure are not in place, guarantees that the improvements will be in place at the completion of construction of the project shall be required.
      (7)   The proposal meets the purpose set forth for the PUD in Section 1135.01.
      (8)   The proposal meets all the requirements of a PUD per this chapter.
      (9)   Screening of intensive uses, especially those adjacent to neighboring residential uses, shall be provided utilizing landscaping, fences, or walls to enclose internal areas.
      (10)   All facades of a building in a non-residential PUD shall be constructed of natural materials or materials that appear to be natural unless the facade will not be visible from any public right-of-way.
      (11)   The footprints of buildings and structures shall not occupy more than thirty-five percent (35%) of the non-residential project area.
      (12)   No more than seventy percent (70%) of the non-residential project area shall be covered by impervious surfaces, including but not limited to, structure, walkways, parking areas, and circulation areas.
      (13)   Parking and loading areas should be placed on the side or in the rear of a building wherever possible.
      (14)   When parking is located in the front of the building, landscaping and fencing shall be used to screen the parking areas of the road.
      (15)   Pedestrian and vehicular circulation should be separated as much as possible though crosswalks, raised curbs, or complete grade separation.
      (16)   Street location and design shall conform to the existing topographic characteristics and shall meet all minimum roadway standards as required by the Municipality of Germantown. Cutting and filing shall be minimized in the construction of streets.
      (17)   The heights of all structures within a non-residential PUD may be modified or varied with the approval of the Planning Commission. The maximum height of all structures shall be forty (40) feet.
      (18)   The PUD shall meet all federal, state, and local standards related to water quality, environmental protection, noise, glare, heat, and odor.
   (e)   Spacing and Building Height.
      (1)   The location of all structures shall be as shown on the development plan. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.
      (2)   Minimum lot areas, frontage, and yard requirements may be waived by the Planning Commission provided that the overall density standards required in this chapter are maintained and that the Planning Commission determines that the proposed development complies with the intent of this chapter.
   (f)   Required Landscaping and Buffering.
      (1)   Bufferyards.
         A.   All development that abuts land zoned for residential use or for residential purposes shall be adequately buffered along the residential boundaries with a minimum bufferyard of ten (10) feet in width along the entire boundary. Such buffer shall include fencing, berms, or plantings that are more than six (6) feet tall to form a solid barrier.
         B.   Where the proposed non-residential development may produce excessive noise, traffic, dust, glare, or odor, a planted bufferyard of up to one hundred (100) feet, as determined by Planning Commission, may be required.
      (2)   Parking area landscaping.
         A.   Parking areas and driveways shall be landscaped with shrubs, trees, or tree groupings.
         B.   A minimum of six percent (6%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs shall be planted in interior islands for every 2,500 square feet of parking lot.
         C.   Planted islands shall be at least 170 square feet in size with the smallest dimension of pervious surface being 6 feet to allow for adequate root aeration and expansion.
   (g)   Signs.
      (1)   Signs in a PUD shall conform with the requirements of Chapter 1139, Signage, except that in addition to the other permitted signs, there may be one sign at each major entryway into the project indicating the name of the development.
      (2)   All entryway signage shall be constructed of natural materials such as stone, wood, brick, or any artificial material that resembles natural materials.
      (3)   All entryway signage shall be attractively landscaped and externally lit.
      (4)   The maximum sign area for one entryway sign face is sixty (60) square feet.
      (5)   The maximum height of an entryway sign is six (6) feet.
         (Ord. 03-105. Passed 1-20-04.)