(A) Intent and purpose. The commercial planned unit development (CPUD) is established to encourage a more creative, aesthetic approach to land and building site planning for commercial uses. It is the intent and purpose of this section that a CPUD compatibly blend with the existing character of the village in areas where existing utilities and community services are available and sufficient to accommodate an increased intensity of commercial development. The development of a CPUD as a special use provides a broader range of flexibility in site design, while providing for the installation of adequate parking and access, utilities, landscaping, and screening within a unified and controlled site plan review and approval process by the Board of Adjustment. The Board of Adjustment shall have the authority to determine whether a proposed development is compatible with the character of the community and the neighborhood in which it is located. The Board of Adjustment shall require that the proposed CPUD comply with provisions of this section and other applicable sections of this chapter and that certain reasonable conditions and modifications may be required by the Board of Adjustment in order to ensure the safety, property values, and aesthetic environment of the development for its patrons and adjacent properties.
(B) Location. A CPUD may be issued a special use permit in the C-B Commercial Business District, R-C Resort Commercial District, and the O-B Office Business District.
(C) Permitted uses.
(1) Within a CPUD, a building or land area shall be used only for the uses permitted in the district in which the proposed development is to be located.
(2) Any accessory structure permitted in this section shall be designed in a manner compatible with the architectural style and function of the CPUD and development on adjacent properties.
(D) Design requirements. The CPUD shall be designed and constructed in accordance with the standards of this section, other applicable sections of this chapter, and such other conditions as may be required by the Board of Adjustment.
(1) Minimum size and ownership. The minimum lot area required for a CPUD shall be the minimum lot area required in the district in which the development is to be located. The required minimum lot area shall not include any portion of an existing public street or road right-of-way. Furthermore, no existing public rights-of-way or bodies of water shall qualify as a portion of the required minimum lot area. All of the land area within the proposed CPUD shall be under single ownership or control of the applicant at the time the application is submitted.
(2) Dimensional requirements and building coverage.
(a) The Planning Board and the Board of Adjustment shall evaluate the site plan in order to determine that the proposed design of the project is acceptable with regard to the health, safety, and general welfare of the commercial development, the patrons, and adjacent properties. All buildings and structures with the exception of signs permitted by Chapter 150 shall be located to conform to the minimum yard requirements for the district in which the development is to be located along the exterior boundaries of the project property. The total building coverage area shall not exceed 30% of the net lot area of the project site. Common wall construction may be permitted in a CPUD.
(b) All of the aforestated dimensional requirements and building coverage requirements shall be reviewed by the Planning Board and approved by the Board of Adjustment during the initial application process for a special use permit concerning the overall site plan as provided in division (E) below and Chapter 31.
(c) If a special use permit for the overall project or a specific phase has been approved as prescribed in this chapter and the developer later encounters a difficulty or hardship in relation to the street setbacks of accessory buildings, structures, or facilities, the Zoning Administrator is authorized to adjust only said setbacks to within an adequate proximity of the relevant street right-of-way in the CPUD. Said adjustment shall only be performed if the developer can prove the necessity for the requested change. Such factors as aesthetics, public safety, public information, traffic flow, and parking shall be considered in determining the necessity.
(3) Building requirements. Buildings in a CPUD shall conform to the following requirements. No building or structure erected in CPUD shall have a maximum height which exceeds 35 feet, as defined in § 154.021.
(4) Utilities. The CPUD shall require that all utility lines be located underground. Further, the utilities shall conform to the following requirements.
(a) Water system. Adequate water volume and pressure for domestic use and fire protection shall be available to the proposed budget from the Carolina Water Service water system or other approved water system. The water system shall be designed by a registered engineer, and approved by the appropriate state and local agencies.
(b) Sewer system. The project shall have access to the Carolina Water Service sewerage system or other approved sewer system. The project’s system shall be designed by a registered engineer, and approved by the appropriate state and local agencies.
(c) Storm water drainage. Storm water runoff shall be collected, channeled, or piped to discharge into natural drainage ways in a manner which will not cause erosion problems on adjacent public or private property. The system shall be designed by a registered engineer or other competent professional. The system shall meet village standards for a 25-year storm capacity. The design shall incorporate requirements of the erosion and sedimentation control plan during the construction phase, as well as the required facilities and design standards for the completed project.
(5) Soil erosion and sedimentation control plan. Prior to any land disturbing activities on a site proposed for a CPUD, a soil erosion and sedimentation control plan shall be submitted to and approved by the local or state agency responsible for enforcement of the state soil erosion and sedimentation laws.
(6) Street design and access. All CPUDs shall have at least 100 feet of continuous frontage on a public road or highway. All public or private streets or roads within a CPUD shall be designed and built to the public street standards in § 151.069. The public and private streets within a CPUD shall be designed to accommodate the volumes of traffic generated by the proposed project. The Village Council may require improvements to the access roads, including widening, turning lanes, improved sight distances, or other improvements required to provide for the safety or vehicles and pedestrian traffic. The village reserves the right to accept streets offered to it for dedication to the public. Compliance with the village street standards, as defined in Chapter 151, and other applicable village ordinances shall be a prerequisite for acceptance by the village.
(7) Off-street parking. Off-street parking in a CPUD shall be provided in accordance with the requirements of §§ 154.100 to 154.112, except as otherwise provided in this section. All parking spaces shall be set back at least eight feet from any personal line or street right-of-way line. All parking lots shall be paved, and each parking space shall have at least a minimum area of 171 square feet, exclusive of access drives and maneuvering space. Every parking space shall have at least a minimum width of nine feet and at least a minimum length of 19 feet.
(8) Off-street loading and unloading. Off-street loading space shall be provided in a CPUD off the street or alley. A loading space shall have the minimum dimensions of 12 feet in width, and 40 feet in length. Every loading space shall have access to an alley or a public street. Off-street loading spaces shall be provided in a ratio of one loading space for each 20,000 square feet of gross floor area or fraction thereof in the CPUD.
(9) Exterior lighting. A CPUD shall be provided with an exterior lighting system for the safety of access drives, parking and service areas, and pedestrian walks. The lighting should incorporate lighting for pedestrian and vehicular safety and for crime prevention within the development. The lighting fixtures shall be designed in keeping with the scale and architectural harmony of the project. The fixtures shall be oriented, to the degree possible, to reduce glare within the project and on adjacent properties.
(10) Landscaping and screen planting.
(a) Within a CPUD, a landscaping plan shall be considered a required element of the project. The landscaping plan shall require that all exposed surfaces be covered with a permanent plant or mulch material. Landscaping shall cover at least 20% of the total lot area. The plan shall incorporate existing vegetation or landscaping trees and shrubs for the parking lots at a ratio of not less than one tree for each ten parking spaces. The eight-foot setback required for all parking lots adjacent to any street right-of-way shall be incorporated in the landscaping plan. All trees and plant materials used in landscaping and screen planting shall be hardy and compatible with the climatic zone, and shall be maintained with accepted nursery practices, and all dead materials shall be replaced by the next growing season. Provisions for the permanent maintenance of all landscaping and screen planting areas and materials shall be incorporated in the restrictions and covenants required by this chapter.
(b) Where the Planning Board and the Board of Adjustment deem necessary, a screen planting shall be provided to form a visual separation between the CPUD and adjacent residential areas where existing vegetation is inadequate. Screen plantings shall include two staggered rows of evergreen trees.
(c) Trees in each row shall be planted at eight-foot intervals, and shall have a minimum height of five feet when planted. The trees shall be planted and maintained in accordance with accepted nursery practices, and all dead materials shall be replaced by the next growing season.
(11) Design. Conformity to the following standards is required:
(a) Where possible, use indigenous materials of the region such as stone or natural wood; and
(b) Buildings and grounds should be designed utilizing colors, materials, finishes, and proportions in a manner to produce a coordinated appearance.
(12) Restrictions and covenants. Restrictions or covenants for the permanent ownership and maintenance of common areas and facilities, open space, landscaping and screening, roads, and utilities are required as part of submission.
(13) Outdoor storage. The outdoor storage of goods, materials, and equipment is prohibited.
(E) Review process. Prior to the issuance of any permits for construction or development of a CPUD, a developer shall make application for a special use permit with the Zoning Administrator. The application and review process shall incorporate the following procedures.
(1) Preliminary conference. At the time of application, the developer shall schedule a conference with the Zoning Administrator to review the standards and procedures required by this chapter prior to the Planning Board’s consideration of the application.
(2) Planning Board review. Following the preliminary conference with the Zoning Administrator, a developer shall submit seven copies of a preliminary site plan with the required documentation in division (G) below to the office of the Zoning Administrator at least 14 days prior to the Planning Board’s first scheduled consideration of the project. The Planning Board shall review the preliminary site plan for conformance with its recommendations to the Board of Adjustment. If no action is taken by the Planning Board within 45 days after its first consideration of the plans, the plans shall be deemed to have been recommended for approval by the Planning Board.
(3) Board of Adjustment review. Following the Planning Board’s review, the site plans, documentation, and the Board’s recommendations shall be forwarded to the Board of Adjustment for its action in accordance with the provisions in this section. The Board of Adjustment may approve, conditionally approve, or disapprove the preliminary site plans. Upon approval of the preliminary site plans by the Board of Adjustment, the developer may submit final site plans for review and approval. No permits shall be issued until final site plans have been submitted and approved by the Board of Adjustment.
(4) Final site plan review.
(a) Upon approval by the Board of Adjustment of the preliminary site plan, except as otherwise provided, the developer shall submit seven copies of the final site plan for the entire project or a specific phase of the project to the Zoning Administrator at least 14 days prior to the Planning Board’s first consideration of the project. The final site plan and documentation shall conform with the approved preliminary site plan and the required information in division (H) below and other applicable sections of this chapter.
(b) The Planning Board shall review the final site plan for conformance with the approved preliminary site plan and requirements of this chapter and forward its recommendation to the Board of Adjustment. If no action is taken by the Planning Board within 45 days after its first consideration of the final site plans, the plans shall be deemed to have been recommended for approval by the Planning Board.
(5) Board of Adjustment review. Following the Planning Board’s review of the final site plans, the Board of Adjustment shall review and approve, conditionally approve, or disapprove the final site plans in accordance with the requirements and procedures of this section.
(6) Waiver of preliminary site plan. A developer may choose to omit the preliminary site plan for the entire project is to be completed in one phase and all of the required documentation is provided and submitted in accordance with this section.
(F) Project phasing. Every CPUD which is to be developed in phases shall submit a preliminary site plan for the entire project site owned or controlled by the developer. The preliminary site plan shall incorporate the information contained in division (G) below, and shall be reviewed and approved by the Planning Board and Board of Adjustment prior to the approval of the final site plans for any individual phase of the project. Each phase shall, within itself, satisfy the requirements of division (D) above.
(G) Preliminary site plan requirements. Upon application for a CPUD, and following the preliminary conference with the Zoning Administrator, a developer shall submit a preliminary site plan for the entire CPUD project, except where a waiver is permitted in accordance with division (E)(6) above. The preliminary site plan shall provide the following information on the plan and include accompanying documentation:
(1) The proposed name of the development and the names of the developer, land owner, engineer, architect, and landscape architect or other professionals;
(2) A site plan to a scale of not less than one inch equals 50 feet, a north arrow, a vicinity map, and date. Topographic mapping with contour intervals of not more than five feet;
(3) A legal boundary description of the entire tract proposed for development, including a statement that the area shown on the preliminary site plan includes all the area and development currently under ownership, option, or other consideration by the land owner or developer shown on this plan. The description shall include the location of all existing rights-of-way, easements, streams of waterways, adjacent property uses, and the names of adjacent property owners;
(4) Project layout, including the location of all existing structures and the proposed general location and use of all principal buildings, road locations, accessory structures and uses, setbacks, buffers and landscaping areas, natural areas, and project phasing lines;
(5) Preliminary utility layouts with preliminary approval from the appropriate state agencies. The location of all other utilities within or adjacent to the development site;
(6) Proposed typical site details for lighting, signage, walkways, fencing and walls, landscaping, parking layout, service areas, solid waste storage, cross section for roads, access roads, and traffic volume, and any other pertinent site details. In site details shall be accompanied with a written description of how services and improvements are to be provided;
(7) Preliminary information in the proposed covenants or restrictions with regard to the ownership and maintenance of common areas and facilities, open spaces, landscaping and screening, roads, and utilities;
(8) Summary of project data including:
(a) Total project area;
(b) Approximate net project area;
(c) Approximate percent of building coverage;
(d) Approximate percent of landscaping;
(e) Approximate length of roads and designation as public or private; and
(f) Conceptual plans and elevations for commercial structures.
(9) A designation of the proposed phasing plan for the project, including the approximate timing schedule, and the type of guarantee of performance to be requested.
(H) Final site plan. Upon approval of the preliminary site plan by the Board of Adjustment, except as waived under division (E)(6) above, the developer shall submit a final site plan in accordance with division (E) above and shall contain the following information:
(1) The proposed name of the development and the names of the developer, land owner, engineer, architect, designer, landscape architect, or other professional;
(2) The site plan to a scale not less than one inch equals 50 feet, a north arrow, a vicinity map, and date. Topographic mapping with contour intervals of not more than five feet;
(3) A legal boundary description of the entire tract proposed for development, the location of all existing rights-of-way, easements, streams or waterways, adjacent property uses, and the names of adjacent property owners. If the final plans are for a phase of the CPUD, the specific phase of the project shall be shown;
(4) Project layout, including the location of all existing structures and the building envelope for each proposed principal and accessory structure and use, setbacks, service areas, and road, off-street parking, and loading layout. A typical cross section and public or private designation for all roads shall be submitted if not approved with a preliminary site plan;
(5) Basic floor plans, rendered elevations or perspectives;
(6) The landscaping and screening plans and the approximate location of all walkways, fences and walls, lighting, and signage. If the proposed typical site details for these items were not approved with a preliminary site plan, said details shall be submitted with the final site plan;
(7) The location, size, and gradient of all sanitary and storm sewers and water mains. The location of all other utilities within or adjacent to the development site;
(8) Method of buffering or concealing service areas, garbage retention and collection areas, and mechanical equipment from public and residential areas;
(9) Method of collecting, channeling, or piping to discharge storm water into natural drainage ways that will assure no damage to village facilities or neighboring properties;
(10) Approval for connections to public water and sewerage systems, electric, and phone;
(11) Approval of the soil erosion and sedimentation control plan by the appropriate state or local agency;
(12) Submission of the proposed covenants or restrictions for the ownership and maintenance of all common areas and facilities, open spaces, landscaping and screening, roads, and utilities;
(13) Submission of the proposed guarantee of performance provisions, including a list of all improvements to be covered by the guarantee agreement; and
(14) Summary of project date including:
(a) Total project area - area in proposed phase;
(b) Net project area - area in proposed phase;
(c) Percentage of building coverage in proposed phase in relation to project total building coverage;
(d) Percentage of open space and landscaping in proposed phase; and
(e) Length of roads and public or private designation in the proposed phase.
(I) Initiation of construction. No ground disturbing activities shall be initiated until the final site plans have been approved by the Board of Adjustment, a guarantee of performance has been approved, and until all local utility approvals and an approved soil erosion and sedimentation control plan have been received.
(J) Timing. If no development has occurred pursuant to the issuance of a special use permit one year after the date of the special use permit for the CPUD, or upon the expiration of one 90-day extension of time for starting development granted by the Board of Adjustment, the special use permit shall become null and void, and the procedures for application and review as outlined in this section shall be required for any development on subject property. For each phase, a time of completion date shall be agreed upon. Upon reaching this date, if the project has not been completed, the special use permit is null and void. The developer must reapply for a new special use permit in accordance with the provisions of this section before construction can continue.
(K) Staged development. After general construction commences, the Zoning Administrator shall review, at least once every three months, all permits issued and compare them to the overall development program. If determined that the rate of construction substantially differs from the approved site plan, the Zoning Administrator shall so notify the developer and Board of Adjustment in writing. Thereafter, the Board of Adjustment may issue such appropriate orders to the developer as it sees fit, and upon continued violation of this section may order the Zoning Administrator to refuse any further permits until the project is in general accordance with the approved final site plan.
(L) Guarantee of performance.
(1) In order to insure that the public improvements are completed properly within a period of time specified by the Village Council, the developer shall enter into a guarantee for completion with the Village Council. A performance guarantee shall be negotiated between the developer and the Village Council prior to the issuance of the special use permit by the Board of Adjustment.
(2) The guarantee of performance shall require that the developer complete the public improvements including, but not limited to, roads, parking areas, and rights-of-way; water and sewer facilities; drainage, erosion, and sedimentation control facilities; and lighting and landscaping. The specific improvements to be guaranteed are to be designated with submission of the final site plan. The guarantee shall be provided by either a performance bond, letter of credit, certified check, cash escrow, cash payment, or property bond as approved by the Village Council.
(3) The guarantee of performance shall be in an amount equal to 125% of the cost of the improvements included in the final site plan. If the project is to be completed in phases, the guarantee of performance may be applied to each phase. The release of a guarantee of performance, in total or in part, based on the percentage of improvements completed, by the Village Council shall be made upon a certification from the Zoning Administrator that the improvements have been completed in accordance with the approved final site plan for a phase of the overall project or the entire project.
(M) Default. Upon default, meaning failure on the part of the developer to complete the required improvements as specified and within the time period specified in the guarantee of performance, the institution holding the guarantee shall, if requested by the Village Council, pay all or any portion as may be required of the guarantee to the village for the purpose of completing the specified improvements. Upon payment, the Village Council, at its discretion, may expend such portion of said funds as it deems necessary to have completed all or any portion of the required improvements. The village shall return to the institution any funds not spent in completing the improvements.
(N) Construction codes. Developer must comply with all applicable state and local construction codes and requirements.
(O) Changes to approved plans.
(1) The Zoning Administrator shall have the authority to approve minor changes requested by the developer to the approved final site plan when site conditions present hardships or when minor changes can protect environmental features of the site. All other changes shall require a review and approval from the Board of Adjustment.
(2) The village shall have the authority to require changes to the approved preliminary plan and subsequent final site plans which reflect changes in officially adopted maps, village policy, or programs established to enhance the public health, safety, and welfare.
(P) Failure to comply. Construction and use of the CPUD shall be as set forth in the plans and applications approved by the Board of Adjustment. Construction or use differing from the approved plans and applications, except as provided in division (O) above, shall be deemed a violation of this chapter and subject to enforcement under § 10.99.
(Prior Code, Ch. 1 Art. VIII § 802) Penalty, see § 10.99