[Ord. No. 3148 §1, 5-24-2006]
A. 
The purpose of the planned mixed use development (PMX) regulations is to allow deviation from certain zoning performance standards for mixed use developments in the Commercial "C" Zoning District under conditions that allow for development of high quality residential and commercial uses in locations where there are possible conflicts with adjoining uses or with natural resources or other site conditions.
B. 
Planned mixed use development regulations provide the City with flexibility in consideration of residential uses with commercial uses and enable it to adjust development regulations to particular site conditions. Planned mixed use developments may be developed only in accordance with approved site plans and conditions enumerated in ordinances for particular planned mixed developments.
C. 
Unless specifically provided herein, the regulations and performance standards pertaining to the "C" District apply for all non-residential uses in a planned mixed use development.
D. 
Unless specifically provided herein, the regulations and performance standards pertaining to the "SE" District apply for all residential uses in a planned mixed use development.
[Ord. No. 3148 §1, 5-24-2006]
A. 
A planned mixed use development "PMX" may be established on a tract of land of a minimum seventy (70) acres, which is bounded on at least one (1) side by a State highway with at least four (4) lanes and borders at least one (1) intersection, which has commercially zoned property on a majority of the quadrants, which tract is under single ownership or management contract at the time of the application in the "C" Zoning District, upon a finding by the Board that the particular planned mixed use development proposed:
1. 
Would provide for use of the site in a manner compatible with natural resources or other site conditions or with adjoining uses or conditions;
2. 
Would be consistent with good general planning practice and with good site planning;
3. 
Could be constructed and maintained in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning districts;
4. 
Would be visually compatible with the uses or development character of the adjacent area; and
5. 
Would be desirable to promote the general welfare of the City, and upon approval by the Board, in accordance with this Article.
[Ord. No. 3148 §1, 5-24-2006]
A. 
A planned mixed use development shall be deemed approved when:
1. 
An application for the planned mixed use development is approved by the Board of Aldermen after a report from the Planning and Zoning Commission, and an ordinance setting forth the permitted uses, the performance standards governing those uses, and other conditions of development is enacted in accordance with this Chapter;
2. 
A preliminary site development plan is approved by the Board of Aldermen after a report from the Planning and Zoning Commission;
3. 
A final site development plan is approved by the Planning Director and recorded in the office of the St. Louis County Recorder of Deeds in compliance with the Zoning Code and ordinance for the planned mixed use development; and
4. 
All other applicable provisions of the Municipal Code are satisfied, including those pertaining to subdivision approval set forth in the subdivision regulations, if subdivision is required.
B. 
Failure to comply with the time limits set forth herein, or as extended by the Board, for presentation of a final site development plan or for commencement of construction in accordance with the requirements of this Zoning Code and the ordinance for the planned mixed use development shall result in the rescission by operation of law of the ordinances approving the development or the preliminary site development plan for the development.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Permitted land uses and developments for each planned mixed use development shall be established in the conditions of the ordinance authorizing and governing each planned mixed use development.
B. 
Each planned mixed use development shall include a minimum of twenty-nine (29) acres reserved for non-commercial uses.
C. 
"Non-commercial use" shall mean uses other than commercial retail, office, day care center, medical office or clinic, restaurant, gasoline service station, nursing home, hospital, churches or educational uses.
D. 
Permitted land uses and developments shall be those listed in Sections 405.1220 — 405.1235, as modified or restricted by the ordinance governing each planned mixed use development.
E. 
In the calculation of minimum acreage under this Section, any access drives, roads and streets shall be included.
[Ord. No. 3148 §1, 5-24-2006]
A. 
An approved planned mixed use development may include as permitted uses the following non-residential uses:
1. 
Public buildings and facilities which are owned or leased by the City.
2. 
Commercial retail. These uses include both retail uses and personal services including brokers, banks (and other financial institutions), barbershops, blueprint and photostat stores, private indoor clubs, commercial or trade schools (e.g., dance studios, cooking and sewing schools), computer and data processing, grocery stores and supermarkets (excluding convenience stores), hairdressers, ice cream stores, laundries and/or dry cleaners, light mechanical repair stores (e.g., watch, camera, bicycle, TV), stores selling liquor, beer or soft drinks, retail sales or stores, service businesses or stores (e.g., catering, duplicating, photography, shoe repair, tailoring, travel agency, upholstering), shopping centers, upholstery stores, furniture stores and post offices.
3. 
Major shopping center.
4. 
Medical offices or clinics where the medical office or clinic has direct outside access, provided that floor area for all medical offices and/or clinics in the development shall total no more than ten percent (10%) of non-residential floor area in the planned mixed use development.
5. 
Restaurants, provided they meet the following standards:
[Ord. No. 3890 §1, 3-23-2015]
a. 
All loading and unloading of food stuffs shall be via the building loading and service entrance.
b. 
All trash, debris and discarded food shall be contained in covered receptacles in an enclosed trash pickup area.
c. 
All other ordinances of the City of Town and Country shall be observed and complied with in connection with the restaurant and failure to do so shall be cause for revocation of any applicable City licenses and/or permits.
d. 
Applicable licenses and permits shall be non-transferable and non-assignable.
e. 
The owner and/or operator of any restaurant shall provide the following information to the City for review and approval by the Board of Aldermen before an occupancy permit for the restaurant can be issued by the City: name and address of owner and/or operator of the restaurant; hours of operation; type of restaurant service; area of restaurant interior; location and address of restaurant shown on a plan.
6. 
Outside dining in accordance with the standards of Section 405.687 of this Chapter.
[Ord. No. 3890 §1, 3-23-2015]
B. 
In addition to and only when incidental to a permitted use authorized in this district, the following are also permitted:
1. 
Signs and fences.
2. 
Satellite earth stations less than two (2) meters in diameter.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Non-Residential Conditional Uses. The following uses may be permitted as non-residential conditional uses in a planned mixed use development (PMX), if approved pursuant to the regulations of this Chapter concerning conditional uses and in accordance with the standards and procedures of Article VI (Sections 405.180 — 405.220) and Article VIII (Sections 405.310 — 405.350) of this Chapter.
[Ord. No. 3890 §1, 3-23-2015]
1. 
Telecommunication facilities as provided in Section 405.220 of this Chapter.
2. 
Public utility facilities.
3. 
Accessory uses, buildings and structures provided such is clearly customarily incidental and subordinate to and only in conjunction with the use specified in Sections 405.1220 hereof and already approved for the premises.
4. 
Satellite earth stations equal to or greater than two (2) meters in diameter as provided in Section 405.225 of this Chapter.
5. 
Theaters and auditoriums (indoor).
6. 
Ground-mounted solar energy systems and roof-mounted solar energy systems that are mounted either on the front of the roof or on the side of the roof facing a street.
[Ord. No. 3759 §5, 8-26-2013]
7. 
Drive-through restaurants.
B. 
Residential Conditional Uses. The following uses may be permitted as residential conditional uses in a planned mixed use development (PMX), if approved pursuant to the regulations of this Chapter concerning conditional uses and in accordance with the standards and procedures of Article VI (Sections 405.180 — 405.220) and Article VIII (Sections 405.310 — 405.350) of this Chapter.
1. 
Accessory uses, buildings and structures provided such are clearly customarily incidental and subordinate to and only in conjunction with the use specified in Section 405.1235 hereof and provided that the accessory uses, buildings and structures are defined in the conditions of the ordinance governing the residential development portion of the particular planned mixed use development.
2. 
Ground-mounted solar energy systems and roof-mounted solar energy systems that are mounted either on the front of the roof or on the side of the roof facing a street.
[Ord. No. 3759 §6, 8-26-2013]
[Ord. No. 3148 §1, 5-24-2006]
A. 
Authorization. Temporary uses are permitted only as expressly provided in this Section and shall comply with the requirements of Section 405.240.
B. 
Permit Required. No temporary use shall be established unless an occupancy permit evidencing the compliance of such use with the applicable provisions of this Chapter shall have first been issued as provided in Section 405.240.
C. 
Use Limitations. No signs in connection with a temporary use shall be permitted in accordance with the provisions of Chapter 420 of this Title.
D. 
Particular Temporary Uses Permitted. The following temporary uses are permitted subject to the regulations and standards set forth below and further subject to the requirements specified in this Chapter.
1. 
Contractor's office and construction equipment sheds provided that such buildings:
a. 
Are incidental to a construction project on the same lot as the temporary building and do not contain sleeping or cooking accommodations;
b. 
Are not located closer than thirty-five (35) feet to any lot line; and
c. 
Are removed upon completion of the construction project.
2. 
Public interest events such as outdoor concerts and auctions.
3. 
Temporary outdoor sales and seasonal display in accordance with Section 405.685 of this Chapter.
[Ord. No. 3148 §1, 5-24-2006]
A. 
An approved planned mixed use development may include as permitted uses:
1. 
Single-family detached residential uses conforming to the performance standards of the Suburban Estate (SE), Suburban Low (SL) or Suburban Medium (SM) Zoning Districts.
2. 
Alternative residential uses including, but not limited to, attached single-family residences, duplexes, villas and the like.
a. 
An applicant may propose alternative single-family residential uses which deviate from one (1) or more of the performance standards in the Suburban Estate (SE), Suburban Low (SL) or Suburban Medium (SM) Zoning Districts. Such alternative residential uses shall be deemed permitted uses for that planned mixed use development, if after review by the Planning and Zoning Commission the Board of Aldermen finds that the development of such alternative residential uses:
(1) 
Would provide for use of the site in a manner compatible with natural resources or other site conditions or with adjoining uses or conditions; and
(2) 
Would be consistent with good general planning practice and with good site planning; and
(3) 
Could be constructed and maintained in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning district, particularly residential uses; and
(4) 
Would be visually compatible with the uses or development character of the adjacent area; and
(5) 
Would be desirable to promote the general welfare of the City, and the proposed planned mixed development community is reviewed and approved in accordance with this Article.
b. 
Density of housing units in alternative residential use in an area of a planned mixed use development designated for residential use shall not exceed six (6) units per gross acre of use so designated. Areas identified as special natural resource areas, such as post oak savannahs, may be included in residential acreage for purposes of determining residential density, where the developer files a plan acceptable to the City guaranteeing restoration and continued maintenance of the natural resource area.
c. 
Architectural review and compliance. No building permit shall be issued for any housing unit or units in alternative residential use in an area of a planned mixed use development designated for residential use until architectural compliance has been approved by the Board of Aldermen, consistent with the standards and procedures of Section 405.260(5) of the Zoning Code, including, without limitation, such matters as the numbers of buildings, the number of units per building and the configuration and placement of the buildings on the site.
d. 
An elevator is required in every building that contains residential units which are entered above the first (1st) floor.
[Ord. No. 3148 §1, 5-24-2006]
In the ordinance authorizing the planned mixed use development, the Board of Aldermen may approve deviations from performance standards for particular uses within that development pursuant to the criteria set forth in Section 405.1205, unless provided otherwise herein.
[Ord. No. 3148 §1, 5-24-2006]
A. 
After review by and a report from the Planning and Zoning Commission, the Board of Aldermen may approve a fence, wall and/or gate proposed by the applicant that would otherwise be prohibited by Section 405.150 herein upon finding that such a fence, wall and/or gate:
1. 
Would adequately provide for access by Police, fire and emergency vehicles;
2. 
Would buffer the site from a highway or adjoining office, commercial or other residential uses;
3. 
Would be visually compatible with the development character of the site and the adjacent area; and
4. 
Would not be detrimental to any adjoining uses, particularly residential uses.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Type D bufferyards shall be required around the perimeter of the residential development portion of the site. A landscape screen already in place consisting of different plants than the Type D bufferyard may be substituted for the Type D bufferyard.
B. 
Only one (1) Type D bufferyard is required between the commercial and the residential development portions of the site.
C. 
The developer shall provide detailed landscaping plans prior to approval of its site development plan for any phase of the development.
[Ord. No. 3148 §1, 5-24-2006]
A. 
The minimum green space requirements for PMX developments set forth below include permanent open space and any green space requirement which may be imposed in the ordinance for a particular planned mixed use development and shall not be varied in such ordinances except as set forth in Subsections (2) and (3) below.
1. 
Green space minimum for planned mixed use developments. A minimum of fifty percent (50%) of the gross buildable site area of each planned mixed use development shall be devoted to green space.
2. 
Allowance in required green space for particular features in PMX developments. Where the developer of a planned mixed use development proposes to preserve, restore and maintain areas of special natural resources located on the development site, the approved ordinance shall provide an allowance in the above minimum green space requirement up to thirty percent (30%) multiplied by the acreage of the particular feature to be preserved, restored and maintained.
3. 
For the purposes of this Article, green space shall include parcels owned and maintained by the applicant that are used for access to the development; portions of the original site dedicated for road right-of-way; and medians of adjacent rights-of-way that are maintained as planted, permeable surface by the developer.
[Ord. No. 3148 §1, 5-24-2006]
A. 
The floor area limitations set forth below shall not be varied in the ordinance for a particular planned mixed use development.
1. 
Maximum floor area non-residential uses. The maximum floor area for all non-residential uses in any planned mixed use development shall be three hundred twenty-one thousand (321,000) square feet.
[Ord. No. 3890 §1, 3-23-2015]
2. 
Maximum floor area for residential uses. The maximum floor area for residential uses in any planned mixed use development shall be four hundred thousand (400,000) square feet.
[Ord. No. 3890 §1, 3-23-2015]
[Ord. No. 3148 §1, 5-24-2006]
No setbacks shall be required between contiguous non-residential lots in a planned mixed use development.
[Ord. No. 3148 §1, 5-24-2006]
A. 
All parking spaces shall be located behind the perimeter setback lines of a planned mixed use development.
B. 
Parking on the non-residential portion of the site may be permitted up to twenty (20) feet from any interior street or main entrance drive.
C. 
All uses shall provide parking spaces as indicated below:
1. 
Non-residential uses. four and seventy-five hundredths (4.75) parking spaces per one thousand (1,000) square feet of gross floor area.
[Ord. No. 3890 §1, 3-23-2015]
2. 
Residential uses. Two (2) enclosed and roofed parking spaces per dwelling unit.
[Ord. No. 3148 §1, 5-24-2006]
Notwithstanding any other provision of the Municipal Code, lighting fixtures in the non-residential portion of a planned mixed use development may be mounted at a height no greater than thirty (30) feet above grade.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Generally. An application for a particular planned mixed use development shall be made by filing an application with the Director, specifying the site for which development is proposed and accompanied by the following:
1. 
Filing fee per requirements;
2. 
A preliminary site development plan which shall depict, either on the plan or on a separate sheet accompanying the plan, all information required for site plan review under Section 405.260 of this Chapter and, if subdivision is necessary, all information required on a preliminary plat pursuant to Section 410.150 of Chapter 410, Subdivision Regulations, unless otherwise provided herein.
B. 
Public Hearing And Further Procedure. After filing, the application shall be treated in all respects as a request for a change in zoning pursuant to Section 405.290 of this Chapter and, unless provided otherwise herein, shall be reviewed by the Planning and Zoning Commission and the Board accordingly.
C. 
Preliminary Site Development Plan.
1. 
Unless otherwise provided herein, Section 405.260 governs site plan review.
2. 
An application for a planned mixed use development must be accompanied by a preliminary site development plan complying in all respects with Section 405.260.
3. 
A preliminary site development plan shall be reviewed by the Commission in accordance with Section 405.260. At any time, the Commission may require the developer to submit a revised preliminary site development plan reflecting any or all of the conditions that the Planning and Zoning Commission may recommend to the Board. Such a revised preliminary site development plan must be presented within six (6) months of the date the request is made by the Commission, or the application shall be deemed withdrawn. This six (6) month period may be extended by the Commission.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Findings.
1. 
The Commission's recommendations shall be based upon whether the planned mixed use development proposed:
a. 
Would provide for use of the site in a manner compatible with natural resources or other site conditions or with adjoining uses or conditions; and
b. 
Would be consistent with good general planning practice and with good site planning; and
c. 
Could be constructed and operated in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning district; and
d. 
Would be visually compatible with the uses or development character of the adjacent area; and
e. 
Would be desirable to promote the general welfare of the City.
2. 
The Commission shall also consider the architectural, landscaping and other relationships which may exist between the proposed planned mixed use development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations which will secure or enhance the neighborhood character.
B. 
Recommendations For Approval Of A Planned Mixed Use Development. If the Commission recommends approval of a preliminary site development plan for a planned mixed use development, its report to the Board shall include, at a minimum, recommendations for regulations and/or conditions to be included in the ordinance for that planned mixed use development.
C. 
Recommendations To Be Forwarded To The Board. The recommendation, along with the preliminary site development plan and conditions where approval has been recommended, shall be forwarded to the Board for its consideration and further action in accordance with Section 405.290.
D. 
Changes In Preliminary Site Development Plan After Hearing. When approval has been recommended by the Planning and Zoning Commission subject to conditions, and the conditions would cause substantial change in the preliminary site development plan presented at the public hearing, the Commission may in its discretion withhold forwarding its recommendations to the Board pending receipt of a revised preliminary site development plan from the developer reflecting compliance with the conditions. The developer shall submit such a revised preliminary site development plan within forty-five (45) days, unless the Commission has granted an extension of time or the developer has submitted an interlocutory appeal to the Board as provided herein. If the developer fails to submit such a revised preliminary site development plan within the prescribed time or within such time as extended by the Commission, the Commission shall forward its recommendations to the Board.
E. 
Preliminary Site Development Plan As Preliminary Plat. An approved preliminary site development plan may be accepted as an approved preliminary plat for purposes of subdivision.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Upon receipt of the recommendations of the Commission, the Board of Aldermen, utilizing the same standards imposed upon the Commission in these planned mixed use development community regulations, may take any of the following actions:
1. 
Approve the planned mixed use development as recommended and pass an ordinance containing the conditions as stated in the recommendations of the Commission;
2. 
Approve the planned mixed use development based upon a modification of the conditions as stated in the recommendations of the Commission and pass an ordinance containing the modified conditions;
3. 
Disapprove the plan; or
4. 
Deny the application.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Time For Submission Of Final Site Development Plan And Final Plat.
1. 
Twelve (12) months to submit final site development plan and final plat. Within twelve (12) months of the date of the ordinance approving a preliminary site development plan for a particular planned mixed use development, a final site development plan reflecting compliance with the conditions contained in that ordinance shall be submitted to the Director. If subdivision is required, a final plat of the subdivision shall be filed concurrently with the final site development plan.
2. 
Extensions of time. Upon application and for good cause shown, the Board may extend the time for filing the final site development plan and, if required, the final plat.
B. 
Review By The Director. The final site development plan shall be reviewed by the Director or his/her designee to determine whether it complies with the ordinances authorizing the planned mixed use development. Upon finding compliance, the Director shall note that finding and the date thereof upon the final site development plan.
C. 
Recording. Upon finding by the Director that the final site development plan complies with the ordinance for the planned mixed use development, the developer shall record the final site development plan and the ordinance for that planned mixed development community with the Recorder of Deeds within sixty (60) days of the date that finding is noted on the final site development plan.
D. 
Building Permits. No building permit shall be issued by the Director unless a finding of compliance is made and until the developer shall have recorded the final site development plan within the time prescribed herein or as extended by the Board.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Surety Required. Construction shall not commence until a surety is posted for the benefit of the City to guarantee installation and maintenance of improvements in accordance with the subdivision regulations.
B. 
Substantial Construction. As used in this Section, "substantial construction" shall mean final grading for roadways necessary for the first (1st) approved plat or phase of construction and commencement of installation of sanitary and storm sewers.
C. 
Time For Commencement Of Substantial Construction. Substantial construction shall commence within twelve (12) months of recording of the final site development plan. Upon application and for good cause shown, the Board may extend the time to commence substantial construction.
D. 
Phasing Of Construction. The Director shall review the schedule or phasing of construction. Failure to proceed with construction may result in cancellation of building permits.
[Ord. No. 3148 §1, 5-24-2006]
Failure to submit a final site development plan or to commence substantial construction for a planned mixed use development within the time prescribed herein or as extended by the Board shall terminate approval of that planned mixed use development, and ordinances approving a preliminary site development plan for that planned mixed use development shall be deemed rescinded by operation of law. Within sixty (60) days of the rescission by operation of law of such ordinances, the Director shall notify the City Clerk who shall note such rescission by operation of law in the minutes of the next regular meeting of the Board.
[Ord. No. 3148 §1, 5-24-2006]
A. 
Interlocutory Appeals From The Planning And Zoning Commission. At any time during review of an application for a planned mixed use development by the Planning and Zoning Commission, the developer may appeal to the Board of Aldermen from any requirement or condition imposed by, or other action of the Planning and Zoning Commission within ten (10) days of such requirement, condition or action. The appeal shall be placed on the agenda of the next regular meeting of the Board of Aldermen for consideration. The Board shall make the final determination of the matter. While such an appeal is pending before the Board, and until the next regular meeting of the Commission after the Board's decision on the matter, all proceedings relating to the application for the planned mixed use development before the Commission shall be stayed, and time for action set forth herein shall not run.
B. 
Appeals From The Director. The developer may appeal to the Board from any finding or decision by the Director in his/her review of a development plan within ten (10) days of such finding or decision. The Board shall make the final determination of the matter.
[Ord. No. 3148 §1, 5-24-2006]
A. 
In order to amend any provisions of an ordinance for an existing planned mixed use development, the following procedures shall be followed:
1. 
To amend the ordinance for a particular planned mixed use development:
a. 
The property owner or authorized representative shall submit to the Director a written request to amend particular conditions in the ordinance for that PMX development. The Director shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b. 
If the Director determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Director shall so report to the Planning and Zoning Commission. The Commission shall review the request and the report of the Director and then forward a recommendation to the Board. A recommendation of approval shall include conditions to be included in the amended ordinance for that particular planned mixed use development.
c. 
If the Director determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Director shall so report to the applicant and the Commission. The Commission shall then review the proposed ordinance amendment and forward a recommendation to the Board. If the Commission deems it necessary, it shall request that the Board hold a new public hearing on the matter in accordance with proceedings specified in Section 405.290, which is the procedure for amending the Zoning Code.
2. 
To amend the final site development plan:
a. 
The property owner or authorized representative shall submit an amended site development plan together with a processing cost deposit which the Board shall prescribe to the Commission for review and recommendation. The Commission shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and approved by the Board.
b. 
If the Commission determines that the proposed amendment to the plan is not significant, the Commission shall, within ninety (90) days after receipt of said proposed amendment(s), submit a recommendation to the Board for approval and/or modification. Within thirty (30) days of receipt of the Commission recommendation, the Board shall accept or reject said recommendation and approve or disapprove said attachment(s) in accordance with the procedures set forth above. If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.
c. 
If the Commission determines that the proposed amendment to the plan is significant, the Commission shall hold a new public hearing on the matter in accordance with the procedure specified above prior to submitting its recommendations to the Board for action in accordance with the procedures set forth above. If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.
[Ord. No. 3148 §1, 5-24-2006]
A. 
In developments where common areas, which may include open spaces, recreational areas or other common grounds, are provided, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common areas by trustees to be selected and to act in accordance with the terms of such indenture and the common areas shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and warranty deed shall comply with the requirements established in the subdivision regulations. In addition, the trust indenture shall contain the following provisions:
1. 
Common areas, including open space, recreational areas and other common ground, shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future, of the entire planned mixed use development, or that the common areas may also be used by residents outside the planned mixed use development. If residents outside of the planned mixed use development are permitted to use the common areas, the indenture shall contain provisions which shall provide, in essence, the following:
a. 
No resident of the planned mixed use development shall be denied the use of the common areas, including open space, recreational facilities or other common ground, for any reason related to the extension of such privilege to non-residents of the planned mixed development community;
b. 
All rules and regulations promulgated pursuant to the indenture with respect to residents of the planned mixed use development shall be applied equally to the residents;
c. 
All rules and regulations promulgated pursuant to the indenture with respect to non-residents of the planned mixed use development use shall be applied equally to the non-residents.
2. 
The indenture shall contain provisions for the maintenance of all common areas and facilities and the means of collecting assessments necessary for the maintenance thereof.
3. 
In a planned mixed use development containing attached units, the indenture shall contain provisions for maintenance of common walls.