The “CUP” Community Unit Plan District is intended for the purpose of permitting the grouping or clustering of residential and some customarily accessory nonresidential uses in courts or similar arrangement

In District “CUP” no building shall be used and no building or structure shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the uses listed in section 1104 of this article.

(1)   The tract for uses as a Community Unit Plan District shall be not less than five acres in area.

(2)   An applicant for a change in zoning to “CUP” Community Unit Plan District must satisfy the planning commission that he or she has the ability to carry out the proposed plan and shall prepare and submit a schedule for construction.

(3)   such applicant also shall prepare arid submit a Preliminary development plan for review and approval by the planning commission which shall include:

(a)   A topographic map showing contours at intervals of two feet.

(b)   A plot plan showing:

(1)   Building locations on the tract.

(2)   Access for streets.

(3)   Parking arrangement and number of spaces.

(4)   Interior drives and service areas.

(5)   Area set aside for public open space.

(c)   Location map showing the development and zoning of the adjacent property within 200 feet, including the location and the type of buildings and structures thereon.

(d)   The full legal description of the boundaries of the properties to be included in the area to be zone “CUP” District.

(e)   A map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the area to be zoned “CUP” District.

(f)   A map showing location of proposed sewer, water and other utility lines.

(g)   A description of general character of proposed buildings.

(4)   Upon approval of the preliminary development plan by the planning commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. Alterations in the preliminary schedule of construction shall be submitted at this time. The final development plan and the planning commission's recommendation shall be forwarded to the government body for their review and final action.

(5)   In the event that, within 18 months following approval by the governing body, the applicant does not proceed with construction in accordance with the plan so approved, the planning commission shall initiate action to rezone the property. A public hearing, as required by law, shall be advertised and held at which time the applicant shall be given an opportunity to show why construction has been delayed. Following the hearing, the planning commission shall make findings of fact and shall make a recommendation to the governing body.

(1)   Dwelling units in detached, semidetached, attached or multi-storied structures, or any combination thereof.

(2)   Nonresidential uses of a religious, cultural, recreational and commercial character to the extent they are designed and intended to serve the Community Unit Plan District.

(3)   Commercial use, or buildings devoted primarily to commercial use, shall not exceed 50 percent of the Community Unit Plan District.

The total ground area occupied by buildings and structures shall not exceed 40 percent of the net ground area of the Community Unit Plan District. For the purpose of this regulation, total ground area shall include all areas to be devoted to public open spaces, sidewalks or open courts.

No building or structure shall exceed 45 feet in height except as otherwise permitted in the additional height, area and use regulations of this ordinance (Article 22).

(1)   here buildings front or side on, or are across the street from, other residential zoned properties, the front or side yards shall be the same as those of the adjoining zones.

(2)   Where buildings front or side on an arterial or collector street, they shall conform with the requirements in the additional height, area and use regulations of this ordinance (Article 22).