Garden City City Zoning Code

A district C-P may be established on a tract of land in single ownership or under unified control, provided that a preliminary development plan for planned business district has been prepared and submitted to the planning and zoning board in compliance with the regulations and requirements of this section.

The net area of land to be included in a district C-P and so designated, shall be at least four acres in size. The term “net area,” as used herein, shall not include any areas within dedicated highways, streets, alleys, or any other public ways or public property.

The location of any district C-P shall be on property which has an acceptable relationship to major thoroughfares to carry the additional traffic generated by the development.

The plan for the proposed development must present a unified and organized arrangement of buildings and service facilities which shall have a fundamental relationship to the properties comprising the planned development and shall not adversely affect the uses of properties immediately adjacent to the proposed development.

The planning and zoning board shall have power to make and adopt such rules and regulations as are necessary and proper to effectuate the purposes of this section.

The proponents of a planned business district shall prepare and submit a preliminary development plan to the planning and zoning board for its inspection and review, upon which plan the planning and zoning board shall advertise and hold a public hearing. This preliminary plan of the property to be zoned as a district C-P, drawn to scale, shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals not greater than five feet, unless waived by the planning and zoning board and the proposed arrangement of stalls and number of cars, entrance and exit driveways, and their relationship to existing and proposed streets, alleys, and other public ways or public property, and any additional information required by the planning and zoning board. The plan shall show sufficient proposed control grade to interpret the intent of the developer. The preliminary plan shall also show the development of adjacent properties within 200 feet, including the location and type of buildings and structures thereon. If the planned business district is proposed in an unplatted area, the preliminary plan shall be accompanied by a plat, giving the full legal description of the boundaries of the property to be included in the areas to be zoned as a planned business district.

It also shall be accompanied by a plan, drawn to scale, showing the general arrangement of streets within the remainder of this ownership, which plat need not include more than 1,000 feet from the boundaries of the area to be zoned as a planned district.

The developer shall indicate on the preliminary plan the stages which will be followed in the construction of the planned center.

If this preliminary plan is found to comply with the intent of the requirements and regulations set forth in this section, the planning and zoning board shall, after public hearing, submit such approved preliminary plan to the board of aldermen with the recommendation for an amendment to the zoning ordinance, which amendment is to provide for and establish a district C-P for the land covered by the preliminary plan.

Upon the approval of the zoning change by amendment to the zoning ordinance, the proponent shall, within two years, submit a final development plan to the planning and zoning board for its review and recommendation. The final development plan may be submitted separately for the first and each successive stage of construction.

It shall be the responsibility of the planning and zoning board to determine that each stage, or all, of the final development plan conforms to the content of the preliminary plan for any or all stages of the development, and finding that it conforms to the intent of the preliminary plan, shall approve such plan and file it for record in the office of the planning and zoning board.

If the final development plan fails to conform to the intent of the preliminary plan submitted to the planning and zoning board as an amended preliminary plan upon which the planning and zoning board shall advertise and hold a public hearing, the procedure shall be the same as the original preliminary plan.

No building permit shall be issued for any construction in this district C-P until the planning and zoning board shall have approved the final development plan covering at least the first stage of development, and notified the zoning authority.

The final development plan, planned for each succeeding stage, shall also be reviewed by the planning and zoning board and when approved shall be filed in that order.

The proponents of a planned business district shall prepare and submit a schedule of construction, which construction shall begin within a period of one year following the approval of the final development plan by the planning and zoning board and the issuance of a building permit. Failure to begin the construction as scheduled shall void the plan as approved, unless a request for an extension of time is made by the proponents to the board of zoning adjustment and approved by said board. If, for any reason, the plan is abandoned, or if the construction is terminated after the completion of any stage, and there is ample evidence that further development is not contemplated, the order establishing such district C-P may be rescinded by the board of aldermen and the zoning of the entire tract, or the portion which is undeveloped as a district C-P, shall be changed to a suitable classification.

After the zoning change has been made and the final development plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking area, entrances, heights, or open spaces are requested by the proponents, and such requests conform to the standards established by the approved final development plan for area to be covered by buildings, parking spaces, entrances, height, setback, and other requirements, such adjustments may be approved by the board of zoning adjustments upon application and after receiving the recommendations of the planning and zoning board.

The plan shall meet the following requirements as to use, height, open space, off-street parking and loading, and all driveways or public access.

In district C-P no building, structure, or premises shall be used and no building shall be hereafter erected, constructed, reconstructed, moved, or altered except for one or more of the following uses:

Buildings or structures shall not exceed 45 feet and shall not exceed three stories in height.

There shall be a setback from any street of at least 30 feet for any building, and ten feet for any parking lot. Along any other property line, with or adjoining a business district, there shall be a setback for any building or structure of at least ten feet or such distance as recommended by the planning and zoning board and approved by the board of aldermen.

Along any other property line abutting or adjoining a zoned dwelling house district there shall be a setback of at least ten feet for any building or parking lot. The planned business district shall be permanently screened from such abutting or adjoining properties zoned for dwelling house use by wall, fence, or other suitable enclosure. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen, and trees and shrubs shall be properly and adequately maintained by the developer.

The building line along any street shall be consistent with the building line established in any neighboring residential district. The planning and zoning board may recommend to the board of aldermen a reduction in the above-required setbacks where the situation will reasonably warrant such reductions.