§ PAD.04 Special Exception Uses

A PAD that will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning and must be accompanied by an application for a zoning amendment. A re-zoning request may be made concurrently with a PAD application as long as the request was notated with application. . PAD AREA REQUIREMENTS

05. A. A PAD must have no less than five acres. Any land counted toward subdivision green space requirements may not be counted as a part of the PAD. The following exception are made: 1) any PAD application on file with the City at or prior to the date that this ordinance is passed; or 2) any PAD application that has received final plat acceptance by the City prior to or at the time of the passage of this ordinance .

B. The P&Z and City Council must require any arrangements of structures and open spaces within the site development plan necessary to ensure that adjacent properties will not be harmed.

1. Density. Density of land use intensity must in no case be more than 25% higher than allowed in the zoning district, except not more than 10% higher in residential districts.

2. Arrangement. Where feasible, the least height and density of buildings and uses must be arranged around the boundaries of the development.

3. Specific regulations. Lot area, width, yard, height, density and coverage regulations willl be determined by approval of the site plan.

4. Open spaces. Preservation, maintenance, and ownership of required open spaces within the development must be accomplished by either:

a. Dedication of land as a public park or parkway system; or

b. The grant of a permanent, open space easement on and over the private open space to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws that are satisfactory to the governing body.

5. Construction: Construction must commence within two (2) years from the date the city grants its approval of the application or the approval shall become null and void, without any action by the council. In such a case, the applicant may resubmit the voided PAD but it will be subject to the entire processing procedure.