The DP Deshong Park Overlay District shall apply within the boundaries shown on the Zoning Map. All of the provisions of this chapter (including those of the regular underlying zoning district) shall continue to apply, except for those provisions that are made more permissive or more restrictive by this Article IX.
A. 
If an applicant controls 12 or more contiguous acres of land within the DP Overlay District, they shall have the option of utilizing the provisions in this Article IX. If any of these DP provisions are utilized, there must be compliance with all of these DP provisions.
B. 
If a minimum of 60% of the total land area controlled by the applicant (based upon the total acreage prior to subdivision or land development approval) is permanently preserved through a City-approved conservation easement, then the applicant may develop the remaining land under the standards provided in this section. The applicant shall prove to the satisfaction of the Zoning Officer, after a review by the City Solicitor's Office, that the conservation easement will:
(1) 
Be in a legal form that is enforceable by the City; and
(2) 
Will in perpetuity prevent the development of the preserved land, except for outdoor recreation uses that are open for the public.
C. 
The required preserved land shall be contiguous. Land areas of less than 60 feet width shall not count towards the minimum preserved land, except for segments that are necessary for pedestrian and/or bicycle connections.
D. 
The applicant shall prove to the Zoning Officer, after a review by the City Solicitor's Office, that there will be an acceptable entity that will own and maintain the preserved land.
E. 
If all of the requirements of this DP Overlay are met, then the applicant shall have the ability to develop the land that is not preserved under one of the following options, or a combination of the two options:
(1) 
The non-preserved land may be developed under the R-3 Zoning District regulations; and/or
(2) 
The non-preserved land may be developed in any of the following uses, under the sign, dimensional and other requirements of the C-1/R District, and which shall not include an adult use:
(a) 
A restaurant without drive-through service, and which may include an outdoor cafe.
(b) 
Theater, arts center, art gallery or museum.
(c) 
Offices.
(d) 
Retail store or personal service use.
(e) 
Child or adult day-care center.
(f) 
Commercial indoor or outdoor recreation.
(g) 
Bed-and-breakfast inn.
(h) 
Live-work units in compliance with § 550-44A(28).
F. 
When principal commercial uses and their accessory parking are developed under Subsection E(2) above, they shall only be allowed on portions of the tract that are within 300 feet from the right-of-way of a preexisting public street.
G. 
The application shall show the location, diameter and species of all areas of trees with a trunk diameter at breast height of eight inches or greater. The application shall also state which of those trees will be removed or preserved and protected. In areas where an area of woods is designated for preservation, the details of individual trees are not required to be shown.