[CC 1978 §405.050; Ord. No. 766 §10, 12-4-1972]
A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the district regulations of the "S" Planned Commercial District.
B. In order to provide for modern retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods, the "S" Planned Commercial District is hereby established. Such district shall be laid out and developed as a unit according to an approved plan as provided below so as to accomplish such purpose.
C. The owner or owners of any tract or land comprising an area of not less than one (1) acre nor more than ten (10) acres may submit to the City Council a plan for the use and development of all or part of such tract for the purpose of and meeting the requirements set forth in this Section, either as a separate proposal or as a part of a community unit plan as provided for in Section
405.410(E). The plan shall be referred to the City Planning and Zoning Commission for study and report and for public hearing. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a publication having general circulation in the City of Chaffee. If no report is transmitted by the City Planning and Zoning Commission within ninety (90) days of notification, the City Council may take action without further awaiting such report. If the City Planning and Zoning Commission approves the plans, they shall then be submitted to the City Council for their consideration and action. The City Planning and Zoning Commission's approval and recommendations shall be accompanied by a report stating the reasons for approval and that the application meets the requirements of the "S" Planned Commercial District as set forth in this Section.
D. In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities 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.
E. Within the "S" Planned Commercial District, a building or premises may be used only for the retail sale of merchandise, services, recreation, except outdoor theaters, and similar uses, parking areas and other facilities ordinarily accepted as shopping center uses. The shopping center shall be designed as a whole, unified single project in compliance with the following requirements and, if built in stages, each stage shall conform with the approved plan.
1. The aggregate gross area of all buildings shall not exceed twenty-five percent (25%) of the entire lot area of the project and all buildings shall be set back at least thirty (30) feet from all lines of streets and alleys adjoining the shopping center site.
2. Off-street parking spaces shall be provided in the ratio of not less than one (1) parking space for each one hundred (100) square feet of floor area in the buildings in the project.
3. All roads, parking and loading areas and walks shall be paved with hard surface material meeting applicable specifications of the City Planning and Zoning Commission.
4. Any part of the project area not used for buildings or other structures, or for parking, loading, or accessways shall be landscaped with grass, trees, shrubs, or pedestrian walks.
5. No building shall exceed three (3) stories or forty-five (45) feet in height.
6. Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, accessways, and building setbacks and height limitations may be imposed by the City Planning and Zoning Commission for the protection of adjoining residential property.
F. If required by the City Planning and Zoning Commission, the applicant shall file a surety bond to insure the construction of the shopping center within the period specified by the City Planning and Zoning Commission, such period not to exceed three (3) years. No such bond shall be accepted unless it be enforceable by or payable to the City in a sum at least equal to the estimated cost of constructing the shopping center, and in a form with surety and conditions approved by the City Attorney. In the event the shopping center is not constructed, it shall revert to the same zoning classification existing prior to the change to the "S" District and the district regulations in force prior to the establishment of the commercial district shall thereupon be in full force and effect.