(A) Any commercial use or group of commercial uses for which three or more acres is intended to be developed simultaneously according to a carefully drawn plan may be permitted by the Town Council as a conditional uses to the appropriate zoning district in which the development is planned.
(B) (1) This provision is intended to:
(a) Encourage the timely and logical development of commercial facilities which would be constructed as a unit;
(b) Discourage development of commercial parcels of size where uncoordinated development would likely result in less efficient use of the land and of service to the community and its residents; and
(c) Assure suitable design and other criteria that would protect both the commercial environment and surrounding properties.
(2) Variances to lot and building regulations to permit more flexible design and utilization of space may be permitted.
(C) In order to qualify for the conditional uses, the following conditions must be met.
(1) Ownership. The site proposed shall be in one ownership, or, if in several ownerships, the request for conditional use shall be filed by all owners of the properties included in the plan.
(2) Zoning provisions. All other portions of the respective zoning district regulations and all other applicable portions of this chapter except those portions specifically permitted for variance shall be adhered to.
(3) Street frontage. The site proposed shall have a minimum width of 200 feet along a major street frontage.
(4) Access limitations. Locations for access onto and off the site shall be confined to rights-of-way on which no residentially zoned property abuts. The minimum distance between the locations shall be at least 150 feet, and the minimum distance between any one location and an intersection of two or more street rights-of-way shall be 100 feet.
(5) Site plan.
(a) Concurrent with the request, a site plan shall be submitted on which structures shall be located in relation to:
1. Each other and to major entrances into and off the site;
2. Internal circulation ways;
3. Parking and service areas; and
4. Landscaped areas.
(b) The site plan and supporting data shall show proposed standards for development, including restrictions of the use of property; exceptions or variations to the requirements of the zoning ordinance requested, if any; plans for the provision of utilities, including water, sewer and drainage facilities; plan for protection of abutting properties; and other plans, tabulations and other data the Board of Adjustment may require.
(6) Assurance of improvements. A statement defining the manner in which the town is to be assured that all improvements and protective devices are to be installed and maintained shall accompany the request for special exception.
(D) (1) The Town Council may require the posting of a performance bond not to exceed 110% of the cost of providing the:
(a) Public improvements necessary to ensure proper ingress and egress for the site; and
(b) Public services customarily supplied by the town to fill respective needs for storm, water and sanitary sewer disposal, water supply and so forth.
(2) Subsequent to the compliance of these conditions, the customary procedure for granting a conditional use by the Town Council and for obtaining a building permit shall take effect.
(2000 Code, § 66-601) (Ord. 75-01, passed 7-14-1975; Ord. 99-02, passed 3-23-1999) Penalty, see § 157.999