§ 62-1443. Same—Permitted uses.

(a)

The PUD zoning classification is designed to allow an applicant to submit a proposal for consideration, for any use or mixture of uses, and to allow the board of county commissioners to approve any proposal which it believes to be in the best interest of the public health, safety and welfare, along with any conditions or limitations thereon which the board of county commissioners deems advisable. Rezoning to the PUD zoning classification shall be an entirely voluntary procedure to be pursued only at the option of the applicant. Approval of the PUD zoning classification rests with the board of county commissioners, based upon its determination that the proposed development is in the best interests of the county. However no nonresidential land uses shall be permitted within the PUD unless the following criteria area met:

(1)

Nonresidential land uses accessory to planned residential uses may be requested within the PUD provided they meet one of the following locational criteria.

a.

Where the proposed nonresidential use is located consistent with the future land use map series; or

b.

Where the proposed nonresidential use is completely internal and accessory to the proposed development and the developer demonstrates to the satisfaction of the board of county commissioners that the land uses proposed demonstrates a rational development scheme, interrelated to the development as a whole, which promotes the goals of the PUD zoning classification found in section 62-1442.

(2)

Nonresidential land uses which are not permitted uses in the BU-1 zoning classification must be specified in the preliminary development plan (PDP) application. Proposed uses, setbacks, building heights, buffers and signs shall be submitted with the PDP along with a narrative justification of how these elements help meet the goals of the PUD zoning classification found in section 62-1442.

(3)

Parks and public recreational facilities.

(4)

Institutional uses such as, but not limited to schools, churches or other public or nonprofit uses as specifically designated on the preliminary development plan.

(5)

Uses designated and permitted as part of a DRI development order.

(b)

Permitted uses with conditions are as follows:

Group homes, level I development within any residential tracts, subject to the requirements set forth in section 62-1835.9.

Group homes, level II development within multi-family residential tracts, subject to the requirements set forth in section 62-1835.9.

Power substations, telephone exchanges and transmission facilities.

Preexisting use.

Resort dwellings.

(Code 1979, § 14.20.11(C); Ord. No. 95-47, § 48, 10-19-95; Ord. No. 95-48, § 1, 10-19-95; Ord. No. 96-16, § 51, 3-28-96; Ord. No. 2003-03, § 24, 1-14-03; Ord. No. 03-52, § 2, 12-16-03; Ord. No. 05-27, § 2, 5-19-05; Ord. No. 2007-59, § 27, 12-6-07)

Editor's note

Ord. No. 03-52, § 2, adopted December 16, 2003, enacted provisions designated as subsections (a)(4) and (a)(5). At the discretion of the editor, the provisions formerly designated as subsection (a)(4) have been redesignated as subsection (a)(6).