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Gibraltar City Zoning Code

ARTICLE XIX

PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICTS

Sec. 44-615.- Intent.

The planned commercial development (PCD) district is established with the intent of creating a commercial center which incorporates modern concepts of service and design while ensuring a harmonious and functional relationship with the immediate surroundings and the community.

(Code 1977, § 28-322; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-616. - Objectives.

To carry out the intent of this district, a planned commercial development shall:

(1)

Encourage the use of common circulation elements (including parking areas, entrances, exits and service-ways).

(2)

Accommodate on-site pedestrian and traffic circulation with minimum conflicts.

(3)

Ensure that all adverse impacts on adjacent properties are minimized to the extent possible.

(4)

Encourage a harmonious arrangement of commercial businesses in a single structure or a cluster of structures.

(5)

Reflect the community-wide goals and objectives set forth in the city's master plan.

(6)

Ensure that city services and facilities, including streets and intersections, utilities, drainage systems and other public facilities are not overburdened by construction of the planned commercial development.

(Code 1977, § 28-323; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-617. - Permitted uses.

(a)

In a planned commercial district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses:

(1)

Any use permitted in a C-1 local business district.

(2)

Accessory structures and uses customarily incident to such permitted uses.

(b)

The outdoor storage and display of goods or materials shall be prohibited.

(Code 1977, § 28-324; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-618. - Permitted uses, special approval.

(a)

The following uses may be permitted after review of the preliminary site plan by the planning commission and under such conditions imposed by the planning commission after finding that the use is not injurious to the district; is not contrary to the spirit and purpose of this article; is not incompatible with already existing uses in the area; would not interfere with orderly development of the area; and would not be detrimental to the safety or convenience of vehicular or pedestrian traffic:

(1)

Bowling alleys, indoor archery ranges, indoor tennis courts, indoor skating rinks, or similar forms of indoor commercial recreation when located at least 100 feet from any residential lot in an adjacent residential district.

(2)

Establishments for the operation of coin-operated amusement devices, billiard parlors, or other similar indoor recreation uses.

(b)

The commission may, as part of its approval, permit commercial recreational facilities to be constructed as independent, freestanding structures.

(Code 1977, § 28-325; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-619. - Change of district.

(a)

All properties shall be rezoned to a planned commercial district following the chapter amendment procedures as set forth in article XXXII of this chapter, which specifies the submission and review process to be followed, as well as the public hearing requirements.

(b)

All rezoning requests submitted for review shall contain the following information:

(1)

A legal description of the site;

(2)

A generalized sketch plan of the site which includes the type of structures as well as approximate locations;

(3)

A description, written and/or graphic, which outlines the relationship of the planned development to adjoining uses, both existing and proposed.

(c)

Following favorable action on the rezoning request by the city council, the applicant may submit an application for preliminary site plan approval. A request for preliminary site plan approval may be submitted jointly with a rezoning request.

(Code 1977, § 28-326; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-620. - Preliminary application for site plan approval.

(a)

The intent of a preliminary application for site plan approval is to provide the applicant an opportunity to present conceptual site design plans for review and approval prior to preparation and submission of detailed engineering drawings.

(b)

Preliminary application shall be made by the owner of any tract where the planned commercial development is contemplated. The application shall be accompanied by a fee to be determined by resolution of the city council. All applications shall include the following information:

(1)

A site plan submission according to article XXVII of this chapter;

(2)

A legal description of the acreage comprising the proposed planned commercial development;

(3)

A written explanation of the exceptions requested to the applicable district requirements, if any are proposed;

(4)

An indication of the schedule of construction;

(5)

Other pertinent information necessary to enable the planning commission to make a determination concerning the desirability of applying the provisions of this article.

(Code 1977, § 28-327; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-621. - Public hearing.

A public hearing shall be held by the planning commission on the proposed site plan for the planned commercial development. Notice of the hearing shall be published not less than five days, nor more than 15 days, prior to the hearing in a newspaper of general circulation within the city and shall be sent by mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question. One occupant of each structure within 300 feet of the site shall be notified, and where multiple dwellings exist, notice may be posted by the manager or owner at the primary entrance to the structure.

(Code 1977, § 28-328; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-622. - Commission approval of preliminary site plan.

The planning commission may, after consideration of the objectives outlined in this article, recommend approval or disapproval of the proposed planned commercial development site plan to the city council, with conditions when appropriate. The planning commission shall communicate in writing its recommendation to the applicant and to the city council with the reasons therefor.

(Code 1977, § 28-329; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-623. - City council approval of preliminary site plan.

Upon receiving a recommendation of the planning commission, the city council shall review and take action on the preliminary application. If the application is approved by the city council, the applicant and the planning commission will be so notified. If the application is denied, the council shall communicate its reasons in writing to the planning commission and the applicant. Following preliminary approval by the council, a final site plan must be reviewed and approved.

(Code 1977, § 28-330; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-624. - Final application for site plan approval.

(a)

The intent of a final application for site plan approval is to provide the commission and council an opportunity to ensure that all conditions of preliminary approval have been met and to review the detailed site engineering drawings which must be submitted by the applicant.

(b)

A final application for site plan approval shall be submitted to the planning commission and city council after preliminary approval is granted. Approval of this final application shall be granted only after all conditions of the preliminary approval have been satisfied.

(c)

Final site plan submission requirements shall conform to article XXVII of this chapter.

(Code 1977, § 28-331; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-625. - Design standards.

The following minimum standards shall apply to all planned commercial developments:

(1)

District requirements.

a.

The height and bulk of buildings, parking, loading, lot area, signs and yard requirements shall be the same as those established for the C-1 (local business) zoning district, excepting:

1.

The minimum front yard depth shall be 170 feet from the edge of the existing or proposed street right-of-way;

2.

The minimum lot area for consideration as a planned commercial development shall be ten acres;

3.

The minimum lot frontage permitted shall be 500 feet;

4.

A maximum of 25 percent of the gross land area of a site may be covered by structures.

b.

The commission may vary these requirements, however, if it is found that:

1.

The intent and spirit of the requirements of this article as they relate to the zoning district are met;

2.

The request is not contrary to the public interest; and

3.

The intent of the city master plan as it relates to commercial policies is met.

(2)

Pedestrian circulation.

a.

Pedestrian traffic shall be separated from vehicular traffic to the extent possible.

b.

Pedestrian circulation shall be accommodated throughout the development through the provision of walkways, etc.

c.

A continuation of pedestrian walkways shall be encouraged from adjacent properties.

(3)

Traffic.

a.

Improvements shall be provided which minimize conflicts between the traffic resulting from the commercial site and traffic on existing and/or proposed streets and highways. Methods to improve traffic flow which may be required include, but are not limited to, the following:

1.

Road or street widening;

2.

Acceleration and deceleration lanes;

3.

Traffic control devices and lanes.

b.

Common parking facilities shall be provided as a means to improve circulation and customer convenience.

c.

The number of entrances and exits to adjacent streets shall be minimized to the extent possible as a means to improve traffic flow.

d.

All loading and unloading operations shall be of such a design and location that conflicts with internal traffic circulation are avoided and the impact on adjacent properties is minimized.

(4)

Landscaping.

a.

Landscaping shall be used to aid in establishing the circulation patterns of vehicles and pedestrians, to identify entrances and to improve the appearance of the site.

b.

A minimum of ten percent of the net site area shall be landscaped, including but not limited to grassed areas, planting areas, shrubbery and trees, natural areas and other commission-approved treatments.

(5)

Site screening.

a.

Screening shall be used as a means to separate the commercial site from adjacent land uses when deemed necessary by the commission.

b.

The degree and type of screening necessary will be based on the nature of surrounding land uses and the intensity of proposed development. In its review of a site screening proposal, the commission will consider the following:

1.

Setback from the adjacent right-of-way or real estate.

2.

Surrounding zoning and land use.

3.

Compatibility of proposed parking with the surrounding area.

4.

Sight lines from the surrounding area.

5.

Extent and effectiveness of landscaping when used for buffer purposes.

(6)

Natural features. The natural setting of a site shall be preserved to the extent possible. Special consideration shall be given to retention of the city's natural drainageways and potential flooding areas.

(7)

Sanitary sewage disposal and water supply systems. Approval of all water supply and sanitary sewage disposal systems shall be subject to compliance with requirements of the city council and the city engineer.

(8)

Storm drainage. The method proposed for accommodation of storm drainage shall be approved by the city council and the city engineer, and if involving county drains the proposed drainage shall be acceptable to the county drain commissioner.

(Code 1977, § 28-332; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-626. - Amendment of plan.

Minor changes in the siting of buildings and structures may be authorized by the zoning administrator if required by engineering or other circumstances not foreseen at the time that the final site plan was approved. All other changes in the approved final site plan must be made by the planning commission and the council under the procedures authorized by this article for approval of the final site plan.

(Code 1977, § 28-333; Ord. No. 107, § 3, 4-16-1980)

Sec. 44-627. - Termination; extension.

If a preliminary application for approval of a planned commercial development is approved by the city council, the applicant shall be granted a period of two years following said approval to submit a final application. Failure to submit a final application shall be deemed an abandonment of the planned commercial development. At the written request of the applicant, the commission may grant a one-year extension if extenuating circumstances are deemed to exist by the commission.

(Code 1977, § 28-333.1; Ord. No. 107, § 3, 4-16-1980)