Planned business district

(a) Purpose and intent. The purpose and intent of the planned business district is to:
- (1) Encourage the master planning of commercial development to ensure compatibility with the purposes, objectives and intent of the comprehensive plan.
- (2) Provide flexibility in the use and design of commercial property.
- (3) Provide development that is appropriate for the site, the surrounding areas and the ability of the town to support such development.
(b) Master plan review and site plan. General requirements for the master plan review and site plan are as follows:
- (1) Master plan review. Procedures for master plan review are as follows:
  - a. Application. The applicant shall submit an application in accordance with the subdivision and development regulations, article IV H, for master plan approval by the planning commission. All required items must be submitted in order for the application to be considered complete prior to scheduling a master plan hearing with the planning commission.
  - b. Public hearing. The planning commission shall hold a public hearing on the proposed master plan. Property owners within 200 feet of the site shall be notified by first class mail, return receipt requested, and the hearing advertised in a newspaper of local circulation at least 14 days prior to the date of the hearing. The cost of advertising and notification shall be borne by the applicant. The master plan shall be approved, approved with conditions or denied within 45 days of the close of the public hearing. The planning commission may grant an extension to the time period required for action at the request of the applicant.
  - c. Master plan conditions. As a condition of approval, the planning commission may require such changes in the proposed master plan and may impose such conditions and safeguards as it deems necessary to meet the purposes of this section.
  - d. Criteria for planning commission decision. The planning commission shall consider master plan approval based on the following criteria:
    - 1. The approximate location, size and number of business structures.
    - 2. The mix of business uses.
    - 3. The compatibility of the proposed development with adjacent land uses.
    - 4. The proposed use can be adequately served by town and state utilities and services.
    - 5. The design of the development including location of parking areas, open space, pedestrian and vehicular circulation within and adjacent to the site.
    - 6. Consistency with the comprehensive plan and the purpose and intent of this district.
  - e. Approval period. Master plan approval shall be valid for a period of two years from the date of planning commission approval.
  - f. Modifications. Modifications may be approved as follows:
    - 1. Minor modification of master plan. Amendments to the approved master plan which do not substantially change the concept of the master plan may be approved by the planning director. The developer shall request such amendments in writing, clearly setting forth the reasons for such changes. If the change is approved, the master plan shall be so amended. Appeal from the decision of the planning director may be taken to the planning commission.
    - 2. Major modification of master plan. Amendments to the approved master plan which the planning department determines to be substantial deviations from the concept of the approved planned business development shall require application to and review by the planning commission. A public hearing and notification, in accordance with subsection (b)(1)b of this section, shall be required.
  - g. Appeal. Appeal from the decision of the planning commission shall be in accordance with applicable statutes concerning appeals from any decision of a planning commission.
- (2) Site plan. Procedures for site plans are as follows:
  - a. Site plan review. Following master plan approval, the applicant may file for site plan approval by the director of planning and development.
  - b. Project phasing. If the developer anticipates a phased development, a proposed phasing plan and schedule must be submitted to the director for the director's approval at the time of site plan submission. The phasing schedule, upon approval by the director, may be amended from time to time. Amendment to the phasing schedule shall not be considered an amendment to the site plan.
  - c. Modifications. Any modification to the approved site plan shall be approved by the director of planning and development.
- (3) Multifamily dwellings. The requirements of section 21-40 of this article shall be applicable to multifamily dwellings in the planned business district.

(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 02-7, § 2, 7-8-2002)

Cross reference— Licenses, permits and miscellaneous business regulations, ch. 9.