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Danville City Zoning Code

ARTICLE 3

N: - PS-C, PLANNED SHOPPING CENTER COMMERCIAL Planned Shopping Center District.

A.- Purpose and Intent.

The PS-C District is primarily established to provide locations in Danville for community and sub-regional scaled retail commercial and business service uses within planned shopping districts under unified site design. Regional shopping centers would be governed by special use permit in this district. Application of the PS-C District is intended to promote orderly commercial facility development, minimize vehicular traffic within the shopping complex, permit "one-stop" and comparison shopping "under one roof" and facilitate safe pedestrian movement among individual uses within the district. Typical uses found in the PS-C District include supermarkets, drug stores, department stores, specialty stores, movie theaters and entertainment centers, personal service establishments and general offices. Uses allowed by-right in the PS-C District are intended to implement "Community Service" land uses promoted in the City's 2025 Comprehensive Plan, while those uses allowed by special use permits are intended to implement "Regional Service" land uses promoted in the Comprehensive Plan.

In general, the maximum size of the PS-C District shopping center, as permitted by-right, should not exceed a total gross floor area of 200,000 square feet (inclusive of all planned buildings) or a total site size of fifteen (15) acres, provided that free-standing retail buildings may be permitted within the district. This size limitation corresponds with the typical community shopping center. Individual commercial or business uses which exceed 60,000 square feet of floor area shall require a special use permit. Under comprehensive planning and special permit considerations, the ultimate district size may be increased at appropriate locations to accommodate larger shopping centers (generally, up to 1,000,000+ square feet of gross building area) serving a regional market base.

Minimum site improvements for uses within the PS-C District shall include adequate integrated internal vehicular access and perimeter travelways, on-site parking, public street frontage with regulated and signalized access, internal pedestrian improvements, public water and sewer service, storm drainage, stormwater management facilities, and outdoor lighting for parking areas.

(Ord. No. 2004-02.04, Art. 3.N, § A, 2-17-04)

B. - Permitted Uses.

1.

Planned shopping centers with an aggregate gross floor area of less than or equal to 200,000 square feet (inclusive of all planned buildings) or an aggregate size of less than 15 acres, incorporating the uses outlined in 2. below.

2.

An individual use or freestanding structure intended for a single use with 60,000 square feet gross floor area or less, incorporating the following uses, provided that such freestanding uses are secondary to and supportive of a shopping center as a principal use:

a.

Retail sales establishments (exclusive of lumber and millwork retail sales and storage yards, and other retail uses requiring outdoor storage or display of goods which do not exceed 15% of net developable lot area).

b.

Automobile dealerships.

c.

Banks and financial institutions.

d.

Business service and office supply establishments.

e.

Convenience stores (without gasoline services).

f.

Churches and other places of worship.

g.

Fast food restaurants (subject to Additional Regulations of this district).

h.

Health club, spa or fitness center.

i.

Hotels and motels.

j.

Laundromats/dry cleaners.

k.

Movie theaters.

l.

Offices (general and professional).

m.

Patio dining.

n.

Personal service establishments.

o.

Public uses.

p.

Restaurants.

q.

Seasonal retail uses.

r.

Temporary retail uses.

s.

Bicycle shop.

t.

Adult day support services.

u.

Child therapeutic day support services.

(Ord. No. 2004-02.04, Art. 3.N, § B, 2-17-04; Ord. No. 2009-12.08, 12-15-09; Ord. No. 2013-06.01, 6-4-13; Ord. No. 2014-08.09, 8-19-14)

C. - Uses Permitted by Special Use Permit.

The following uses may be permitted as special permit uses in the PS-C District provided that such uses are secondary to and supportive of a shopping center as a principal use and which otherwise comply with the special permit use provisions of this ordinance:

1.

Shopping centers with aggregate gross floor area in excess of 200,000 square feet gross floor area, or an aggregate size in excess of 15 acres, or containing an individual use or structure intended for a single use with greater than 60,000 square feet gross floor area.

2.

Automobile and light vehicle repair establishments (within completely enclosed structures with screened outdoor storage).

3.

Car washes.

4.

Commercial recreation facilities (indoor and outdoor uses).

5.

Conference centers.

6.

Funeral homes.

7.

Gasoline sales establishments (with no repair services and no vehicle storage).

8.

Golf courses and country clubs.

9.

Hospitals and medical care facilities with inpatient care.

10.

Parking garages and structures.

11.

Parking lots (private or public, off-street as a principal use).

12.

Plant nurseries.

13.

Private clubs and lodges.

14.

Private post office and delivery service establishments.

15.

Repair service establishments, provided that any given repair service does not have more than ten (10) persons on the premises during a single shift and that all repair services and storage related thereto are performed indoors.

16.

Research and development activities which do not cause any more smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district and which involve no more than 15% of the gross floor area in the assembling or processing of products. All assembling or processing shall only involve products developed on the premises. All services and storage shall be conducted within the principal structure, which is to be completely enclosed.

17.

Retail businesses and activities associated with a shopping center use on a lot, which has frontage on the Dan River.

18.

Schools, colleges and universities (public or private).

19.

Uses requiring outdoor storage, display and merchandising of retail goods when such areas exceed 15% of net developable lot area.

20.

Veterinary clinics (with outdoor kennel facilities).

21.

Waiver of yard requirements.

22.

Waiver of district size.

23.

Waiver for increase of maximum building height above fifty (50) feet.

24.

Day Care Centers (adult and child).

25.

Microbrewery or micro-winery.

26.

Distillery.

27.

Uses permitted by right and by special use permit in the HR-C District.

(Ord. No. 2004-02.04, Art. 3.N, § C, 2-17-04; Ord. No. 2005-01.03, 1-4-05; Ord. No. 2012-11.09, 11-20-12; Ord. No. 2017-08.01, 8-3-17; Ord. No. 2024-12.12, 12-3-24)

D. - Lot Size Requirements.

1.

Minimum PS-C district size: 4 acres.

2.

Minimum lot area: 40,000 sq. ft., with minimum lot size subject to waiver for subdivision of land for fee simple ownership or for condominium ownership when located interior to a planned shopping center, subject to deeded access easements.

3.

Minimum lot width: 200 feet.

4.

No PS-C District lot shall be designed or employed for use in which an area more than 25% of the prescribed minimum lot area is comprised of either of the following physical land units: (a) wetlands and (b) water features.

(Ord. No. 2004-02.04, Art. 3.N, § D, 2-17-04)

E. - Bulk Regulations.

1.

Maximum building height: 50 feet.

2.

Minimum yard requirements:

a.

Front yard: 40 feet.

b.

Interior and street side yards: 40 feet. Unless the property's interior or street side yard abuts a residential zoning district, then the required setback is 60 feet.

c.

Rear yard: 20 feet, provided that if side yard is adjacent to a residential district or right-of-way contiguous thereto, the side yard shall be 40 feet.

3.

Maximum floor area ratio: 0.40.

(Ord. No. 2004-02.04, Art. 3.N, § E, 2-17-04; Ord. No. 2022-02.01, Exh. A, 2-1-22)

F. - Open Space and Landscaping.

1.

Fifteen percent (15%) of the site shall be landscaped open space. Refer to Landscaping and Screening for additional regulations and requirements.

2.

Stormwater management basins and structures and BMP facilities may be counted towards the minimum open space requirement provided that these basins, structures, and facilities include the appropriate landscaping and maintenance in accordance with the Landscape and Screening Regulations.

(Ord. No. 2004-02.04, Art. 3.N, § F, 2-17-04)

G. - Net Developable Area Calculation.

1.

Notwithstanding governing lot size and yard regulations, the maximum use intensity for any conventional subdivision or lot shall be calculated based on existing land conditions. The yield of a subdivision shall be based on its net developable area, with adjustment factors for physical land units as specified in the table in the following section.

2.

The subdivision plat and/or site plan for a project shall graphically depict the location and area for the physical land units as outlined herein below. A calculation of the net developable area shall be required for all subdivision and site plan submissions.

Physical Land Unit Percent Credited Toward Net Acreage
Soils with high shrink/swell characteristics, as defined: 80%
Wetlands, existing water features and streams: 0%
Stormwater management basins and structures: 0%
Above-ground 69 KV or greater transmission lines: 0%
Public rights-of-way 0%

 

(Ord. No. 2004-02.04, Art. 3.N, § G, 2-17-04)

H. - Additional Regulations.

1.

All uses shall be subject to site plan approval.

2.

All refuse shall be contained in completely enclosed facilities. Refuse containers and refuse storage shall be located in a paved area and screened from public view by means of fences, wall, or landscaping.

3.

All business services and storage shall be conducted within the principal structure which is to be completely enclosed, unless otherwise provided by special use permit.

4.

On a corner lot, no curb cut shall be located closer than 75 feet to the right-of-way line extended from the intersecting street.

5.

No curb cut shall be located closer than 20 feet to a side or rear lot line, unless a common curb cut serves adjacent uses, and in no instance shall the distance between separate curb cuts serving adjacent uses be less than 60 feet.

6.

A freestanding use shall have no more than two curb cuts on any single right-of-way, and such curb cuts shall have a minimum distance of 100 feet between them.

7.

Where a lot in the PS-C District is contiguous to property located in a residential district, all buildings shall have a minimum setback of 40 feet from common property lines. A landscaped buffer strip shall be provided in accord with the transitional buffer yard requirements for commercial/residential properties (see Appendix), with landscape materials and placement subject to site plan approval. However, no buffer yard shall be established with a horizontal width less than the height of the structure adjacent to the buffer yard. Fencing may be required in addition to landscape buffers in such cases deemed necessary by the Planning Commission with fence material and heights subject to final plan approval.

8.

The outdoor area devoted to storage, loading, and display of retail goods shall be limited to a maximum 15% of the net developable lot area and shall provide screening as indicated on an approved site plan. Subject to special use permit approval, outdoor storage, loading and display areas of retail goods in excess of 15% of net developable lot area may be approved under special circumstances when the applicant can provide expanded and enhanced screening, buffers and landscaping. Screening of outdoor display and product sales areas only may be waived by administrative action of the Director of Planning/Zoning Administrator, provided that loading and storage areas not related to displays shall be screened.

9.

In addition to landscaping and screening requirements, there shall be a minimum landscaped buffer strip of 10 feet in depth along all PS-C District property frontage. No parking is permitted within the buffer strip. The landscape buffer strip shall be exclusive of the area required for utility easements, sidewalks and other infrastructure which would interrupt the nature and intent of the buffer area.

10.

Refer to the Floodplain Zoning Overlay District, where applicable.

11.

Refer to Landscaping and Screening for parking lot landscaping, screening and buffer yard provisions.

12.

Any subdivision or lot which is proposed to be developed on shrink/swell soils shall require a geotechnical report to be submitted with the preliminary plat and plans. Such report shall be prepared by a registered professional engineer and shall address the feasibility of development on the subject soils. No subdivision plat or site plan shall be approved for final recordation until a foundation engineering report has been reviewed by the City.

All recorded plats for lots containing shrink/swell soils shall bear the following note: "This lot contains shrink/swell soils which require special engineering design for foundations and structural elements. No structure will be approved for issuance of a building permit until a foundation engineering design prepared by a certified professional engineer has been approved for the proposed structure."

(Ord. No. 2004-02.04, Art. 3.N, § H, 2-17-04)