In addition to the special use permit applicable to lands designated CA-SUD, the following standards shall also apply:
A. District Purpose. For the purpose of promoting the health, safety and general welfare through the provision of suitable locations and standards of development for recreational, open space and amusement enterprises, there is hereby established a Commercial Amusement Special Use District. It is recognized that the public interest is best served by the district for high intensity uses, especially those designed to accommodate 1,000 persons or more, to provide for orderly and flexible development process. This district is adopted for the purposes of:
1. Permitting the use and development, on sites of suitable size and location, of stadiums, athletic fields, arenas, fairgrounds, convention centers and similar facilities in which 1,000 or more persons may be accommodated for a single or variety of purposes at one time;
2. Ensuring that the uses will be located at suitable locations and that appropriate standards of development will be undertaken to minimize negative impacts on adjoining properties; and
3. Providing a means of public-private partnership in development projects that promote the public welfare.
B. Basic Requirements. In furtherance of the above, the Commercial Amusement Special Use District is established as a district which:
1. Requires a more stringent review process for development standards than is imposed on conventional zoning districts;
2. Permits uses which are high traffic generators only if they are developed according to an approved development plan and defined standards which, together with certain incentives, are intended to encourage the clustering of uses under a single site plan served by a common system of ingress and egress; and
3. Requires landscaping of exterior yards, the provision of open space and the conservation of land.
C. Minimum District Size. No application for a rezoning to Commercial Amusement Special Use District shall be considered for any area of less than ten acres of contiguous land.
D. Transitional Landscaping Required.
1. Where any proposed development adjoins a residentially zoned property, except across a public street, there shall be provided a 50 feet transitional yard made of dense trees or shrubbery at least six feet high.
2. Where any proposed development adjoins a non-residential property, there shall be provided 25 feet of transitional yard which shall contain trees or a screening device.
E. Maximum Amount of Land Devoted to Buildings.
1. No more than 30 percent of the land area, exclusive of parking and street surfaces, shall be devoted to enclosed buildings.
2. This restriction shall not apply for developments which provide no less than 10 percent of the land area as public parkland.
F. Exterior Lighting.
1. All lights shall be beamed down and away from adjoining properties.
2. To the extent practicable, all lights produced on site shall be contained within the perimeter of the site by design, orientation or shielding of the light source.
G. Allowable Accessory Uses. Accessory uses and structures incidental to any permitted use such as but not limited to concession stands, restaurants, stables and storage facilities shall be permitted.
H. Development Phasing.
1. Any development within the Commercial Amusement Special Use District shall be in accordance with a development plan approved by the Board of Commissioners. Plans shall be submitted in a similar manner as that required for preliminary subdivision plats.
2. In approving a development plan, the Board of Commissioners may authorize, because of the size of the project, phase development.
3. It is recognized that by developing in stages, it may not be possible to meet all of the purposes and standards of this part for each stage as would be the case in a single, complete development. Therefore, it is found to be reasonably necessary and expedient that provision be made for flexibility in administration of certain standards of this Ordinance to provide for temporary modifications in dealing with development in stages.
4. The Board of Commissioners is authorized to temporarily modify any development standards of this section subject to the following conditions:
a. The Board of Commissioners, in granting any modification shall find that there is reasonable assurance that the overall development plan is viable;
b. The spirit and intent of the purposes of this section will be maintained; and
c. That reasonable and appropriate conditions and safeguards will be made to protect the public safety and welfare.
5. The Board of Commissioners shall fix a time and duration of like temporary modification not to exceed two years after the completion of the final stage. At the end of the time or duration of any temporary modification, the development shall meet all of the standards and requirements of this section.
(Ord. 2020-36, passed 12-2-2019)