[CC 1997 §26-10]
The regulations set forth in this Part or set forth elsewhere
in this Chapter, when referred to in this Part 8, are the regulations
in the "PCD" Planned Commercial District.
[CC 1997 §26-10.1]
A.
A building
or premises shall be used for the following purposes:
1.
Retail sales, including, but not limited to, appliance, bakery, carpeting,
clothing, fabrics, food store, furniture store, garden shop, hardware
store, hobby shop, jewelry store, radio and T.V. store and sporting
goods.
2.
Financial institutions, including, but not limited to, banks, savings
and loans, stockbrokers and title companies.
3.
Offices, including, but not limited to, accounting, architect, business,
dental, insurance, law and real estate.
4.
Any use which in the judgment of the Planning and Zoning Commission
is identical or very similar to one (1) or more of the above listed
uses and which conforms with the intent and purpose and use limitations
of this Section. Any use judged by the Commission to be dissimilar
is not permitted.
[CC 1997 §§26-10.2 — 26-10.23]
A.
Uses
subordinate to that of the major uses of the plan may include:
1.
Accessory buildings and uses customarily incident to permitted or
conditional uses.
2.
Where a lot is used for a commercial purpose, more than one (1) main
building may be located upon the lot but only when such buildings
conform to all open space requirements for the district.
3.
Grading, filling, excavating or any change in the grade or property
that involves the moving, depletion or replacement of more than fifty
(50) cubic yards of material or changes the existing elevation by
more than two (2) feet requires a permit. At no time shall any grading
be detrimental to surrounding property in appearance or in the diversion
of stormwater drainage.
[CC 1997 §26-10.3]
A.
A building or premises may be used for the following purposes if the provisions of the conditional use regulations in Section 405.625 are met and a conditional use permit is obtained.
1.
Schools and academies, including, but not limited to, art, business,
computer, dancing, day care centers and music.
2.
Offices, including, but not limited to, legislative and judicial
functions.
3.
Public utility owned facilities
4.
Any use which in the judgment of the Planning and Zoning Commission
is identical or very similar to one (1) or more of the above listed
uses and which conforms with the intent and purpose and use limitations
of this Section. Any use judged by the Commission to be dissimilar
is not permitted.
5.
Medical marijuana dispensary facility.
[Ord. No. 879, 10-14-2019]
6.
Medical marijuana cultivation facility, entirely within an enclosed
building.
[Ord. No. 879, 10-14-2019]
7.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 879, 10-14-2019]
8.
Medical marijuana testing facility.
[Ord. No. 879, 10-14-2019]
[CC 1997 §§26-10.4 — 26-10.42]
A.
Location Of Required Off-Street Parking Spaces And Vehicle Types
That May Be Parked.
1.
Parking spaces may be located and vehicles may be parked in the front,
side or rear yards.
2.
Parking of passenger cars, station wagons, panel trucks, vans and
pickup trucks are permitted; however, any vehicle in excess of twelve
thousand (12,000) pounds gross vehicle weight is not permitted.
3.
Exceptions. Any type commercial vehicle, regardless
of gross vehicle weight, delivering or picking up merchandise for
delivery or employed in performing a repair or construction service
may park for purpose of making such pickup or delivery or for the
duration of the period during which a repair or construction service
is being performed on or to property in the area where parked.
4.
No trucks, truck trailers or vehicles of any type shall be on skids,
jacks or any other device that will make them immobile or inoperable,
except for emergency repairs.
5.
No trucks or trailers of any kind shall be used for storage purposes.
B.
Number Of Required Off-Street Spaces.
1.
Financial institutions. Four and one-half (4½)
spaces for every one thousand (1,000) square feet of gross floor area
(excluding areas under canopy).
2.
Retail sales. Five and one-half (5½) spaces
for every one thousand (1,000) square feet of gross floor area.
3.
Furniture stores. Three (3) spaces for every one
thousand (1,000) square feet of gross floor area.
4.
Garden shops. Two (2) spaces for every three (3)
employees on maximum shift, one (1) space for every commercial vehicle
used in operation, plus five (5) spaces for every one thousand (1,000)
square feet of gross floor area of sales room.
5.
Food store. Six and one-half (6½) spaces
for every ten thousand (10,000) square feet of gross floor area.
6.
Dental offices. Four and one-half (4½) spaces
for every one thousand (1,000) square feet of gross floor area or
four (4) spaces for every doctor and one (1) space for every additional
employee, whichever is greater.
7.
Offices. Three and one-third (3⅓) spaces
for every one thousand (1,000) square feet of gross floor area.
8.
Schools. Three (3) spaces for every classroom.
[CC 1997 §§26-10.5 — 26-10.52]
A.
There
shall be provided at the time any building is erected or structurally
altered off-street loading space in accordance with the following
requirements:
1.
All commercial uses. One (1) space for each fifteen
thousand (15,000) square feet of floor area or fraction thereof in
excess of five thousand (5,000) square feet. Where such place is located
in a manner that a truck must back directly from a major street into
the loading space, a maneuvering space of not less than forty-nine
(49) feet shall be provided.
2.
Enlargements and extensions. No building or part
thereof heretofore erected which is used for any of the purposes specified
in 405.280 et seq., shall hereafter be enlarged or extended unless
off-street loading space is provided in accordance with the provisions
of this Chapter.
[CC 1997 §§26-10.6 — 26-10.64; Ord. No. 616 §1, 6-11-2001]
A.
The
minimum building setback on all boundaries of the plan area shall
be thirty (30) feet for one-story buildings, forty (40) feet for two-story
buildings and fifty (50) feet for three-story buildings.
B.
The
aggregate gross area of all buildings shall not exceed twenty-five
percent (25%) of the entire area covered by the plan.
C.
A commercial
development consisting of the permitted and conditional uses shall
be designed as a whole in conformance with the approved plan.
[CC 1997 §§26-10.7 — 26-10.72]
[Ord. No. 616 §3, 6-11-2001]
A.
A Planned
Commercial District shall be developed only upon submission and acceptance
of an approved development plan submitted simultaneously with the
establishment of a District, or subsequent thereto, as provided by
this Chapter, in order to provide for modern commercial districts
and shopping and office centers of integrated design.
B.
Planned
Commercial District may be requested by application or petition. The
owners or option holders of any tract of land may submit to the Board
of Aldermen a plan for the use and development of all or part of such
tract for the purposes of and meeting the requirements set forth in
this Section.
C.
In
order that the purpose of this district may be realized, the land
and buildings and appurtenant facilities of each tract so zoned shall
be in single ownership or under the management or supervision of a
central authority or otherwise subject to such supervisory lease or
ownership control as may be necessary to carry out the provisions
of this Section.
[Ord. No. 616 §3, 6-11-2001]
Notwithstanding any provision in this Chapter to the contrary,
the specific ordinance authorizing the establishment of a particular
Planned Commercial District or development plan thereunder related
to a specific tract of land may further limit the permitted, conditional
and accessory uses allowed on the tract.
[Ord. No. 616 §3, 6-11-2001]
A.
Initially,
a preliminary development plan shall be prepared and submitted to
the Planning and Zoning Commission and shall show or include:
1.
A site plan with the location and size of buildings;
2.
The uses to be made of buildings and the property;
3.
The areas to be developed for parking, drives, walkways, recreation
or other uses;
4.
A general grading and landscaping plan;
5.
The general location and type of utilities, including stormwater
drainage as well as general details of all surfaced areas;
6.
Sketch of floor plans and elevations of typical buildings to indicate
the architectural character of the buildings including statements
regarding types of construction;
7.
Estimates of volumes of traffic movements to and from the completed
project from the boundary streets;
8.
A preliminary schedule for completion of the entire project; and
9.
A statement regarding the proposed method of operating and maintaining
the project.
[Ord. No. 616 §3, 6-11-2001]
A.
The
preliminary plan shall be referred to the Planning and Zoning Commission
for study, a public hearing thereon and recommendation and report
to the Board of Aldermen.
B.
The
Planning and Zoning Commission shall not act on the recommendation
of any preliminary plan before holding a public hearing thereon, and
prior to holding a public hearing on any proposed plan, at least 15
days' written notice thereof shall be given to all property owners
within one hundred eight-five (185) feet of the boundary of the premises
under consideration and at least fifteen (15) days' written notice
thereof shall be given in a newspaper of general circulation.
C.
After
holding a public hearing on any proposed plan, the Planning and Zoning
Commission shall make a recommendation to approve, disapprove, amend
or modify the proposed preliminary plan and shall submit its report
of such action to the Board of Aldermen for its consideration and
action. The report shall include, but not by way of limitation, all
documents comprising the preliminary plan referred to the Planning
and Zoning Commission, the recommendation of the Planning and Zoning
Commission with respect to such proposed plan, the reasons for approval,
disapproval, amendment or modification of the proposed plan and how
the preliminary plan meets the requirements of the Planned Commercial
District as set forth in this Chapter.
D.
If
no report is transmitted by the Planning and Zoning Commission within
ninety (90) days of the date of referral of such proposed plan to
the Planning and Zoning Commission for study, public hearing and recommendation
and report pursuant hereto, the Board of Aldermen may take action
with respect to such proposed plan without further awaiting such report.
[Ord. No. 616 §3, 6-11-2001]
The Board of Aldermen may approve, disapprove, amend or modify the preliminary plan and, after approval of a final development plan as provided herein, may amend the zoning district map in accordance with Section 405.750 et seq. In case of an adverse report by the Commission, such amendment, supplement, change, modification or repeal shall not become effective except by an affirmative vote of three-fourths (¾) of the total members that could be elected or appointed to the Board of Aldermen.
[Ord. No. 616 §3, 6-11-2001]
A final development plan shall be filed with the Planning and Zoning Commission for its approval without public hearing or further recommendation to the Board of Aldermen within twelve (12) months following the enactment of an ordinance that rezones the property affected thereby. The final development plan shall conform with the preliminary development plan as approved by the Board of Aldermen, and the Planning and Zoning Commission shall have the discretion to approve minor changes in the development plan both before and after filing with the Planning and Zoning Commission, which are consistent with the purpose or intent of this Section, without referring the same to the Board of Aldermen. If the final development plan is not filed within the twelve (12) month period referred to above, or any extension which may be granted by the Board of Aldermen, then upon the expiration of said period or periods, the Board of Aldermen may, after recommendation by the Planning and Zoning Commission, as provided in Section 405.750 et seq. of this Zoning Code, enact an ordinance repealing the change of zoning.
[Ord. No. 616 §3, 6-11-2001]
A.
In
considering whether or not an application for a Planned Commercial
District should be granted, it shall be the duty of the Planning and
Zoning Commission and the Board of Aldermen to give consideration
to the effect of the requested use on the health, safety, morals and
general welfare of the residents of the area in the vicinity of the
property in question and the residents of the City generally. In considering
the planned use or uses, the Commission and the Board should consider
the following:
1.
The appropriateness of the proposed use or uses for the site in terms
of land patterns in the entire City.
2.
The compatibility with surrounding uses and compatibility with the
surrounding neighborhood.
3.
The comparative size, floor area and mass of the proposed structures
in relationship to adjacent structures and buildings in the surrounding
properties and neighborhood.
4.
The general appearance of the neighborhood will not be adversely
affected by the location of the proposed use on the parcel.
5.
The capacity of adjacent streets to handle increased traffic in terms
of traffic volume.
6.
The number of traffic movements generated by the proposed use or
uses and the relationship to the amount of traffic on abutting streets
and on minor streets in the surrounding neighborhood, not in terms
of the street's capacity to absorb the additional traffic, but rather
in terms of any significant increase in hourly or daily traffic levels.
7.
The requirements for public services where the demands of the proposed
use is in excess of the individual demand of adjacent land uses in
terms of police and fire protection, the presence of any potential
or real fire hazards created by the proposed use.
[Ord. No. 616 §3, 6-11-2001]
Structures, improvements and landscaping shall be built or installed
and maintained in accordance with the final development plan as approved
herein by the Board of Aldermen and the Planning and Zoning Commission.
This will be in respect to all requirements of said plan and shall
include, but not be limited to, the location of the structures, layout
and improvement of off-street parking and loading areas, location
and width of driveways, ingress, and egress to and from the site,
grading, location and planting of landscaped areas and fencing and
location and design of lighting and signs. Once said structures, improvement
and landscaping have been built or installed, it shall be the duty
of the owner or agent of the property, buildings or premises to maintain
said structures, improvements and landscaping in accordance with the
plan approved herein.
[Ord. No. 616 §3, 6-11-2001]
The applicant shall file a surety bond or escrow cash or equivalent
to insure the removal of any improvements which are started but not
completed in connection with a Planned Commercial Development, or
to complete and carry out the construction plan of the Planned Commercial
Development within three (3) years from the date of the approval of
the plan by the Board of Aldermen or as extended by the Board. Such
bond or escrow shall provide that the same is enforceable by the City
for the purposes set out above if the applicant does not complete
the development in accordance with the approved plan within the specified
time. The amount of such bond shall be equal to five percent (5%)
of the estimated cost of construction of commercial development improvements.
The City Attorney shall approve the form and conditions of the surety
bond or escrow agreement.
[Ord. No. 616 §3, 6-11-2001]
Rezoning of a specific tract of land to a Planned Commercial District and/or the approval of a revised Final Development Plan shall proceed in accordance with provisions of Section 405.750 et seq. of this Zoning Code.
