All uses permitted by right in the Residential
Limited, Residential General, Light Commercial and General Commercial
Districts shall be permitted by right uses in the Planned Unit Development
District. In the event that the applicant shall seek approval of uses
specifically enumerated in the final master plan, and which are not
currently set forth as permitted by right uses in the hereinabove
described districts, the application for rezoning shall contain a
request for amendment of this section to add said requested uses as
additional permitted uses for the Planned Unit Development District
for which approval is being sought, and which request shall be subject
to approval by the Town Council.
One or more uses permitted by conditional (special)
use permit in any zoning district may be permitted in the Planned
Unit Development District, if documented in the master plan and with
application for special use permit by the applicant and which shall
require approval thereof by the Town Council.
A variety of housing types and nonresidential
uses is strongly encouraged. The mixture of uses shall be based upon
the uses recommended in the Comprehensive Plan. This mixture may be
obtained with different uses in different buildings or a mixture of
uses within the same building.
Given the unique boundaries of the Town, the
minimum area required for the establishment of a Planned Use Development
District shall be seven acres or more. Additional area may be added
to an established Planned Unit Development District if it adjoins
and forms a logical addition to the approved development. The procedure
for the addition of land to the Planned Unit Development District
shall be the same as if an original application was filed and all
requirements shall apply except the minimum lot area requirement as
set forth above.
Open space promotes attractive and unique developments
that are also environmentally conscious. Planned unit developments
shall include the following:
A. Not less than 30% of total acreage shall be open space,
whether dedicated to public use or retained privately.
B. A minimum usable area of 5% of the total area within
the planned unit development shall be provided for active or passive
recreational activities, which can include, but need not be limited
to parks, dedicated walking trails, tot lots and the like.
C. Open space shall be dedicated in a logical relationship
to the site and in accordance with any guidance from the Comprehensive
Plan regarding open space.
D. Improvements shall be configured to accommodate permitted,
accessory and conditional uses in an orderly relationship with one
another, with the greatest amount of open area and with the least
disturbance to natural features.
[Amended 5-18-2010]
The gross and net residential densities shall
be shown on the approved final master plan by area and for the development
as a whole in dwelling units per acre, and shall be binding upon its
approval. The overall gross density so approved shall be determined
by the Town Council with reference to the Comprehensive Plan, but
shall not exceed 15 dwelling units per acre. Nonresidential density
should be expressed in terms of total square footage by area and for
the development as a whole. There is no maximum square footage for
nonresidential uses but the proposed uses should be in proportion
to the overall intent and functionality of the planned district concept.
Within the Planned Unit Development District,
the applicant shall establish parking regulations for consideration
by the Town Council. The proposed regulations should be based on a
parking needs study or equivalent data. Such regulations shall reflect
the intent of the Comprehensive Plan to decrease impervious cover
by reducing parking requirements, considering alternative transportation
modes and using pervious surfaces for spillover parking areas. Shared
parking areas, especially with nonresidential uses, is encouraged.
All new utility lines, electric, telephone,
cable television lines, etc., shall be placed underground.
Where sections of this chapter or Chapter
143, Subdivision of Land, are deemed to be in conflict with the goals of the final master plan, the rezoning application shall be considered a waiver or modification to these sections if specified in the final master plan. Otherwise, the applicant must provide a clear explanation as to why certain regulations are in conflict with the final master plan, demonstrate that the public's health, safety and welfare will not be compromised, and request the specific waivers or modifications to be considered by the Town Council after a public hearing.