Chapter 17. Planned Commercial Zones (CP1 and CP2)

Transcription

1 age linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 hapter 17. lanned ommercial Zones (1 and 2) urpose and Intent Site Development Standards Sign Regulations Special Regulations arking Regulations General Regulations rocedure Time Limitation Application to Existing ommercial District Uses urpose and Intent. The intent of the lanned ommercial Zones is to permit the establishment of a well-designed complex of retail commercial facilities for a neighborhood or community which will provide goods and services for the people to be served, minimize traffic congestion on public streets in the vicinity and which shall best fit the general environment and land use pattern of the area to be served. The protective standards contained in this hapter are intended to minimize any adverse effect of the lanned ommercial Zone on nearby property values by achieving maximum compatible integration of land uses, by preserving the aesthetic qualities of the area, and to provide for safe and efficient use of the lanned ommercial Zone itself Site Development Standards. Site development standards shall be known as Table Table Minimum Lot Area one one Minimum Lot Width one one Minimum yard setback Building Height Front 0 0 Side Side facing street on corner lot Rear one except 10 feet adjacent to a residential boundary 0 0 one, except 10 feet where building rears on a residential zone. Minimum and maximum subject to linton ity Fire Safety apabilities. Maximum Lot overage ot over 6 0% of lot area by buildings or accessory buildings Sign Regulations. The height, size, use, maintenance and location of signs shall comply with the linton ity Sign Ordinance Special Regulations. (1) Hereinafter specified permitted and conditional uses shall be allowed only when in compliance with the following conditions: (a) All manufacturing shall be done within a completely enclosed building. (b) All uses shall be free from objection because of odor, dust, smoke, noise or obnoxious gases. (c) In the -1 eighborhood ommercial Zone, no entertainment except recorded music shall be permitted in cafes, cafeterias, ice cream parlors, or restaurants. (2) A car wash shall be allowed subject to the following restrictions: (a) Operation or use is forbidden between the hours of 10 p.m. and 6 a.m. on the following morning. (b) There shall not be more than four washing bays for a manual spray car wash. (c) Off-street vehicle storage required as follows: (i) One bay car wash, four spaces in the approach lane. (ii) Two bay car wash, three spaces in the approach lane for each wash bay. (iii) Three or more bay car wash, two spaces in the approach lane for each wash bay. (d) Where a planned commercial development adjoins any lot in any residential zone, there shall be provided and maintained along such property line a non seethrough type fence of not less than six feet in height, provided, however, that such fence shall be three and one-half feet in height along the property line which bounds the front yard of adjoining residential lots arking Regulations. Off-street parking facilities shall be in accordance with hapter 4, "arking and Loading Space" of this Ordinance General Regulations. (1) A Zone may be established where the lanning

2 linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 lanning ommission determines that commercial development on separate adjoining properties should be coordinated to form a physically unified commercial facility which will be compatible with the surrounding land uses. At the time a zone is established and before building permits are issued, deed restrictions on the property or properties covered under the zone change shall be filed by the applicant or owners of subject property with the ounty Recorder and shall provide that development take place on such property or properties in accordance with a final site development plan on file with the ity Recorder. (2) A zone shall not be established upon a tract of land which would contain a non-conforming use after the passage of such amendment to the Zoning Ordinance unless the development planned for the tract includes the elimination of the non-conforming use or its integration into the planned development. (3) The location of the zone shall have an acceptable relationship to and further the purposes of the Master lan for the ity as determined by the lanning ommission rocedure. (1) A development plan for the commercial center showing a unified and organized arrangement of building and structures and their proposed uses, off street parking, internal and external traffic circulation, and service facilities, landscaping plans and sketches demonstrating the design and character of the proposed development shall be submitted to the lanning ommission. The developer shall submit all evidence deemed necessary by the ity ouncil and/or lanning ommission of his ability to undertake the proposed project. (2) ermitted uses specified in this hapter require site plan review by the lanning ommission of linton ity before building permits are issued for a respective use. A copy of the approved site plan will be forwarded to the linton ity ouncil for their information. onditional uses shall be subject to hapter 5, "onditional Uses", of this Ordinance. (3) The lanning ommission shall recommend approval or denial of the zoning petition and preliminary development plan to the ity ouncil. The recommendation of the lanning ommission may contain conditions, limitations or amendments to the preliminary development plan to insure that the lanned ommercial Development is integrated into its surroundings and serves the public interest to the greatest extent possible. The lanning ommission may also recommend a reasonable amount to be provided by the developer by cash deposit or bond, to insure the completion of the landscaping for the entire plan or phase thereof. (4) The lanning ommission shall concurrently approve a preliminary development plan, the site plan, the amount required to insure completion of the landscaping together with whatever amendments, conditions, or requirements as it may deem necessary to secure the purpose of this hapter. (5) Building permit issuance shall follow the lanning ommission approval. onstruction shall commence in accordance with said final plan, and no changes shall be made to the final plan during the course of construction without first obtaining approval of the lanning ommission. opies of the approved final plan shall be kept on file in the offices of the lanning ommission, Building Inspector, and ounty Recorder, and amendments or changes which may be subsequently approved shall be added to the final plans Time Limitation. (1) A building permit shall be secured and construction begun in accordance with the approved final development plan within eighteen months from the effective date of the approval of said plans. Application may be made for not more than six months extension of the time limit for commencement of construction. Use and building permits shall be issued only for those uses and buildings indicated on the approved final development plan. (2) In the event that construction is not started or completed within the specified time limits, the lanning ommission shall review the progress which has taken place and, if deemed necessary revoke the plan approval, permits, and/or use cash or surety bonds to complete the landscaping of the property. (3) All construction authorized in the approved final development plan shall be completed within three years of the date construction was commenced. A plan for stage development which will require more time than the limits contained herein may be approved by the ity ouncil, after recommendation by the lanning ommission Application to Existing ommercial District. In the case of existing ommercial Districts, the lanning ommission and ity ouncil may proceed to rezone such districts to an equivalent age 17 2

3 age linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 lanned ommercial Zone without the requirements of a preliminary development plan and other necessary information; but, after being so zoned to a lanned ommercial Zone, a preliminary and final development plan of each development shall be submitted in accordance with the provisions of this hapter prior to the issuance of building permits, provided, however, that improvements already in existence at the time of rezoning shall not be affected Uses. 38 In the following list of uses, those designated in any zone as "" will be a permitted use. Uses designated "" will be allowed only when authorized by a conditional use permit obtained as provided in hapter 5 of this Zoning Ordinance. Uses designated "" are not permitted in the zone.

4 linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 TABLE Above ground storage of flammable, combustible liquids 29 Accessory buildings and uses customarily incidental to a permitted use Accounting Office Air onditioning, sales and service Altering, pressing, and repairing of wearing apparel Ambulance Base Stations Amusement enterprises Animal hospital, small animals only and provided conducted within completely enclosed building Antique, import or souvenir shop Assisted Living enter 27 Archery shop and range, provided conducted within completely enclosed building Art and artists supply store Athletic and sporting goods store, excluding sale or repair of motor vehicles, motor boats or motors Athletic and sporting goods store, including sale or repair of motor vehicles, motor boats or motors Athletic lub Auction establishment Automobile parts sales Automobile repair including paint, body and fender, brake, muffler, upholstery or transmission work, provided conducted within completely enclosed building. Automobile, new or used, sales and service Awning sales and service 2. Baby formula service Bakery manufacture limited to goods retailed on premises Bakery goods manufacturing Bank or financial institution Barber shop Beauty culture school Beauty parlor for cats and dogs Beauty shop Beer parlor, sale of draft beer Bicycle sales and service Billiard parlor Blueprinting or hotostatting Boarding house Boat sales and service Bookbinding Book store, retail Bottling and distribution plant Bowling alley Boxing arena Building materials sales or yard Bus terminal 3. afe or cafeteria amera store andy manufacture andy store, confectionery age 17 4

5 linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 TABLE arbonated water sales arpenter and cabinet shop arpet and rug cleaning arpet, rug and linoleum service ar wash, laundry type ar wash, manual spray ash register sales and service atering establishment hina, crystal and silver shop hristmas tree sales hurch hurch, temporary revival ircus, carnival or other transient amusement leaning and dyeing establishment linics, medical or dental lothing and accessory store oal and fuel sales office ollege or university ommunication equipment building ontractor shop, provided work conducted within a completely enclosed building onvenience store with auto fuel sales ostume rental atalog/mail order sales distribution 4. Dairy products store Dance hall Data processing service and supplies Day care center Delicatessen Dental Office Department store Detective agency Diaper service, including cleaning Doughnut shop Drapery and curtain store Drive-it-yourself agency or business Drug store Dry cleaning establishment Dry cleaning pickup station Dwelling, single family to be used by employees of businesses in conjunction with any commercial establishment, said dwelling unit to be a part of the business structure. 5. Educational institution Egg and poultry store, providing no live bird slaughtering or eviscerating permitted Electrical and heating appliances and fixtures sales and service Electronic equipment sales and service Employment agency Express and transfer service 6. Fabric and textile store Farm implement sales Feed packaging and processing facility, contained wholly within a building 51 age 17 5

6 linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 TABLE Film exchange establishment Five and ten cent store Fix-it shop Florist shop Frozen food lockers, incidental to a grocery store or food business Fruit store or stand Furniture sales and repair Fur apparel sales, storage or repair 7. Garden supplies and plant materials sales Gift store Glass sales and service Government buildings or uses, nonindustrial Greenhouse and nursery; soil and lawn service Grocery store Gunsmith Gymnasium 8. Hardware stores Health club Health food store Heliport Hobby and crafts store Hospital Hospital supplies Hotel House cleaning and repair House equipment display Household appliance sales and incidental service Household pets, dwelling units only 9. Ice cream manufacture Ice cream parlor Ice manufacture and storage Ice store or vending station Insulation sales Insurance agency Interior decorator and designing establishment 10. Janitor service and supply Jewelry store sales and service 11. Knitting mills 12. Laboratory, dental or medical Laundry or dry cleaners, laundromat-type Laundry or dry cleaning establishment Launderette or laundromat Lawn mower sales and service Leather goods, sales and service Legal office Library Linen store Linen supply service Liquor store Locksmith Lodge or social hall Lodging house Lounge age 17 6

7 linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 TABLE Luggage store Lumber yard 13. Machine shop operations incidental to any use permitted in -2 district Manufacture of goods retailed on premises Meat, fish and seafood store Medical office Millinery Miniature golf Mobile home sales lot and service Monument works and sales Mortuary Motel Motorboat sales and service Motorcycle and motor scooters sales and service Museum Music store 14. eedlework, embroidery or knitting store ewsstand ight club or social club otions store ovelty store ursery school 15. Office in which goods or merchandise are not commercially created, exchanged or sold Office supply Office machines sales and service Oil burner shop Optometrist, optician or oculist Ornamental iron sales or repair 16. aint or wallpaper store aperhanger shop ark and playground arking lot or garage for passenger automobiles awnshop enny arcade est control and extermination et and pet supply store harmacy hotographic supplies hoto studio hysician or surgeon ie manufacture lumbing shop ony ring, without stables ool hall opcorn or nut shop ost office rinting, lithographing, publishing, or reproductions sales and services rofessional office ublic utilities substation 17. Reserved for future use 18. Radio, television and video tape and film sales and service Radio, television or FM broadcasting station age 17 7

8 linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 TABLE Real estate agency Reception center or wedding chapel Recreation center Recreational vehicle storage Rental agency for home and garden equipment Restaurant Restaurant, drive-in Roller skating rink Roofing sales or shop 19. Second-hand store Seed and feed store, retail Service station, automobile excluding painting, body and fender and upholstery work Service station automobile with rotating brush car wash as accessory use Sewing machine sale and service Sheet metal shop and re-tinning, provided all operations conducted within completely enclosed building Shoe repair or shoe shine shop Shoe store Shooting gallery Signs IAW linton ity Sign Ordinance Supermarket Swimming pool, public or commercial 20. Tailor shop Tavern Taxi cab stand Taxidermist Telegraph office Temporary building for uses incidental to construction work. Such buildings shall be removed upon the completion of the construction work. Theater, indoor Theater, outdoor Tobacco shop Tool design (precision) repair and maintenance Toy store, retail Trade or industrial school Trailer sales and service Travel agency Truck terminal 21. Upholstery shop Used car lot 22. Variety store Vegetable store or stand Ventilating equipment sales and service Video arcade Video rental/sales 23. Water conditioning supply sale Warehouse storage Weather stripping shop Welding shop Wholesale business Window washing establishment 24. Any commercial use not listed above shall be assumed not permitted within the corporate limits of age 17 8

9 linton ity Zoning Ordinance Title 28 lanned ommercial Zones (1 And 2) hapter 17 TABLE linton ity unless an amendment is made to this Ordinance to permit that use. age 17 9