[Ord. No. 2020, 4-5-2022]
The "C-2" Planned Commercial Business District is intended to
provide for the development of planned developments that allow for
retail, office, and service businesses in combination with multi-family
dwellings within the same building(s), and to provide district regulations
and development requirements.
[Ord. No. 1310 §1(33-75), 9-19-1995; Ord. No. 1470 §1, 9-17-2002]
A. Within
"C-2" Planned Commercial Business District, the following regulations
shall apply:
1. Permitted uses. A building or premises shall be
used only for the following purposes:
a. Any use permitted in the "C-1" or "C" Commercial District.
b. Multiple dwelling units in combination with other permitted uses
within the same building, provided that all of the dwelling units
within a single building shall have an average floor area of at least
four hundred (400) square feet, excluding all areas not used for living
purposes and provided that dwelling units shall not be located below
the second (2nd) story above grade and shall not be located in buildings
greater than three (3) stories in height.
2. Condition of use. All activities as permitted or
required in the "C-2" Planned Commercial District shall be conducted
wholly within an enclosed building.
3. Height of building. No building shall exceed a height
which for that particular building will create a floor area ratio
of two and one-half (2½).
4. Lot requirements. There may be more than one (1)
main building upon a tract of land, and the yard requirements set
forth in Subparagraph (5) hereof shall apply to the tract of land
as a whole and not to any particular building thereon, the only requirement
being that no building shall encroach upon the required front, side
or rear yard of the tract as a whole. For the purposes of this Section
only, the front shall be the side having the greatest frontage upon
a street or upon an officially approved place.
5. Yard areas.
a. On sites greater than forty-three thousand five hundred sixty (43,560)
square feet (one (1) acre), no building or structure except for that
portion built entirely below grade with no exposed wall shall be closer
than fifty (50) feet to the front, side or rear property line, except
that a building four (4) stories or less in height may be built to
within forty (40) feet of the front property line and within twenty-five
(25) feet of the side and rear property lines if the development plan
for such building is approved by the Board of Aldermen. On a through
lot, the required front yard shall be provided on both streets. On
a corner lot, the required front yard shall be provided on both streets.
b. On sites of forty-three thousand five hundred sixty (43,560) square
feet (one (1) acre) or less, the building lines specified in Subparagraph
(a) above may be modified subject to approval by the Planning and
Zoning Commission and the Board of Aldermen as part of a total development
plan.
6. Off-street parking.
a. Off-street parking shall be as required for "C" Districts or as approved
by the Planning and Zoning Commission and the Board of Aldermen. No
surface parking areas shall be closer than fifteen (15) feet to the
front property lines nor closer than six (6) feet to the side and
rear property lines.
b. On sites of forty-three thousand five hundred sixty (43,560) square
feet (one (1) acre) or less, the off-street parking specified in Subparagraph
(a) above may be modified subject to approval by the Planning and
Zoning Commission and the Board of Aldermen as part of a specified
total development plan.
7. Loading spaces.
a. There shall be one (1) loading space for the first (1st) twenty-five
thousand (25,000) square feet of gross building area and there shall
be one (1) additional loading space for each additional fifty thousand
(50,000) square feet of gross building area, provided however, that
there shall not be more than four (4) loading spaces required for
buildings designated and occupied exclusively as offices.
b. On sites of forty-three thousand five hundred sixty (43,560) square
feet (one (1) acre) or less, the loading requirements specified in
Subparagraph (a) above may be modified subject to approval by the
Planning and Zoning Commission and the Board of Aldermen as part of
a specified total development plan.
8. Screening.
a. There shall be planting screens or structurally sound walls or fences,
or a combination thereof, between surface parking areas and side and
rear property lines not less than six (6) feet in width and not less
than six (6) feet in height. There shall be planting areas not less
than fifteen (15) feet in width and not less than three (3) feet in
height between surface parking areas and front property lines. All
of said planting screens and planting areas are to serve as a screen
for the parking area.
b. On sites of forty-three thousand five hundred sixty (43,560) square
feet (one (1) acre) or less, the screening specified in Subparagraph
(a) above may be modified subject to approval by the Planning and
Zoning Commission and the Board of Aldermen as part of a specified
total development plan.
[Ord. No. 1310 §2(33-75), 9-19-1995; Ord. No. 1470 §1, 9-17-2002]
A. The
following procedures shall apply to review of rezoning any new or
amended development plan.
1. The owner or owners of any tract of land seeking to have the City
rezone the land to "C-2" Planned Commercial District shall, at the
time of the filing of the petition for rezoning with the Board of
Aldermen, file a preliminary development plan. In the case of land
already zoned "C-2" Planned Commercial District, the preliminary development
plan may be filed at the instance of the owner or developer. The preliminary
development plan hereinabove referred to shall include the following:
a. Plat plan showing the size, dimensions and location of the property.
b. The proposed building lines.
c. The proposed location and approximate size of the building or buildings.
d. The tentative parking and circulation patterns.
e. The approximate existing and proposed contours.
g. The type, size and location of proposed signs not attached to the
buildings.
2. Processing costs.
a. A processing cost deposit in the amount of two thousand dollars ($2,000.00)
shall be deposited within the City at the time the petition is filed
in the City Clerk's office. This deposit is to be used for the purpose
of payment for professional and administrative costs incidental to
the processing of the petition. Any costs or expenses incurred by
the City as a result of the submission, review and final determination
of any petition or development plan, according to the process as set
out in this Section, shall be paid for out of the said deposited amount.
Said costs or expenses incurred by the City shall be determined by
the City Clerk. Upon final determination or disposition by the City
of any petition, any portion of said deposited monies not expended
or budgeted for expenditures shall be returned to the petitioner within
thirty (30) days from said final determination and disposition. Any
costs or expenses incurred by the City, in excess of the deposited
amount, shall be paid into the City from time to time within thirty
(30) days from determination by the City. At the time of final determination
or disposition, the City Clerk shall present to the petitioner a listing
of said costs or expenses, along with a determination of any amount
due the City, or any amount to be refunded in accordance with the
Section. The deposit required herein shall be separate from, and is
not intended to include, any building or any other permit fees or
any escrow monitoring fees.
b. In addition to the foregoing cost deposit, the petitioner shall pay
a filing fee of two hundred dollars ($200.00) for each review of preliminary
development plan or each amendment thereto after initial approval.
3. Review, study and public hearing.
a. Upon the filing of the application for the preliminary development
plan with the Board of Aldermen, the Board shall refer the same to
the Planning and Zoning Commission for review, study and public hearing.
b. The Planning and Zoning Commission shall review the application and
shall conduct a public hearing concerning the same after having given
notice of the time, place and purpose of such public hearing by at
least one (1) notice in a newspaper of general circulation within
the City at least fifteen (15) days prior to the date of the public
hearing and by sending a copy of said notice by first class mail to
all property owners shown by the City tax records within three hundred
(300) feet of the boundaries of the area.
c. After the public hearing, the Planning and Zoning Commission shall
report to the Board of Aldermen with its recommendations as to the
application within sixty (60) days and the preliminary development
plan.
d. The Board of Aldermen may then either approve, disapprove or modify
and then approve the application and the preliminary development plan,
or it may return the same to the Planning and Zoning Commission for
further study and report.
4. Final development plan.
a. Within twelve (12) months from the date of the approval by the Board
of Aldermen of the application and the preliminary development plan,
a final development plan shall be filed by the developer with the
Planning and Zoning Commission. In addition to matters shown on the
preliminary development plan, such final development plan shall include
the following:
(1)
The existing and proposed contour intervals.
(2)
The landscape plan with the specific size, species and location
of all plant materials (both as to buffer area around the perimeter
as well as in the parking lots).
(3)
All proposed uses and structures (present and future).
(5)
Parking spaces and moving traffic lanes.
(6)
Loading and egress facilities.
(7)
Ingress and egress facilities.
(8)
Plan for the provision of water, sanitary sewage and storm drainage
facilities.
(9)
All easements and dedications.
(10)
All other information which the Planning and Zoning Commission
may require.
b. No building permit shall be issued to construct any part of all of
the development in the district until such time as the Planning and
Zoning Commission and the Board of Aldermen have approved the final
development plan and unless the construction plans meet all requirements
of the City and the City's Building Code. Nothing contained herein
shall be constructed to prohibit such grading and site work as shall
be needed to prepare the tract for development, provided approval
of the Planning and Zoning Commission is received in writing and final
approval by the Board of Aldermen for such grading and site work and
a grading permit is secured.
5. No improvements, buildings, facilities, commercial establishments
or service concerns of any character may be constructed upon, or may
occupy or use, any portion of the district until a performance bond,
or a performance undertaking, or a performance escrow sufficient to
insure to the City either the completion of all such improvements
or alternatively to pay the estimated expenses of restoring the improvements
are undertaken but not completed in a form approved by the City Attorney
and in an amount as determined by the Planning and Zoning Commission
and the Board of Aldermen is posted and filed with the City Clerk.
If the district is to be developed in sections, all parking facilities,
necessary to the proper operation and functioning of the entire development
(including all sections thereof) even though such improvements may
be located outside the section, must be constructed, installed or
planted at the time of the development of the first (1st) section
by the Planning and Zoning Commission.
6. Within twenty-four (24) months of the date of approval of the final
development plan, construction shall commence or the permit shall
be void.
7. Any subsequent transfer of ownership or lease of the property shall
include in the transfer or lease agreement a provision that the purchaser
or lessee agrees to be bound by the conditions herein set forth and
the approved development plan for the property. There shall be adequate
legal provisions to insure that the development in accordance with
the approved plan will be actually constructed and completed and that
any common areas will be properly protected and maintained. It may
be required as a condition of approval of the development plan that
deed restrictions or a trust indenture be executed and recorded.
8. Any proposed change to the preliminary development plan after approval
or changes in the final development plan which are deemed substantial
in the opinion of the Building Commissioner shall be referred to the
Planning and Zoning Commission and then to the Board of Aldermen under
the procedures set out above for new petitions.