A.   The intent of the Planned Commercial Recreation Zone is to permit the establishment of a well designed complex of recreation and entertainment businesses, to meet the recreation and entertainment needs of the City or region, and which will best fit the general environment and land use pattern of the area to be served.

   B.   Further, it is the intent of this Zone to encourage multi-purpose centers of unified design and site layout, in order to avoid hodge-podge or strip commercial recreation developments, particularly when located in or near residential neighborhoods.

   C.   Even though the Zone is commercial in concept, it is distinctly limited commercial and shall be limited, primarily, to uses which, by their nature, do not ordinarily compete for space in the downtown commercial zones. It is recognized, however, that a certain amount of support activities such as restaurants and snack bars may be appropriate and even necessary for the success of these centers.

(Ord. 84-4, 1-26-1984; amd. 1999 Code; Ord. 2023-16, 4-11-2023)

   A.   Aquarium.

   B.   Art gallery.

   C.   Athletic clubs and spas.

   D.   Ice cream parlor.

   E.   Ice skating rink.

   F.   Movie theater, indoor.

   G.   Nature exhibit.

   H.   Parks and playground.

   I.   Restaurant.

   J.   Swimming pools, indoor.

   K.   Tennis court.

(Ord. 84-4, 1-26-1984)

The following uses shall be permitted only when authorized by a conditional use permit as provided in Chapter 7 of this Title. Any unique conditions of approval listed with each use are in addition to the general development standards for this Zone, and in addition to the general standards for compatibility listed in Chapter 7 of this Title:

   A.   Drive-in restaurant.

   B.   Waterslide, indoor.

   C.   Bowling alley.

   D.   Miniature golf; provided, that all outdoor lighting shall be controlled so as not to reflect on any property beyond the site and that no amplifiers or loud speakers be installed outside any buildings.

   E.   Waterslide, outdoor, provided slide is oriented away from adjacent properties, one hundred feet (100') from nearest residential property line, with minimum six foot (6') screening fence, that all outdoor lighting be controlled so as not to reflect on any area beyond the property and that no amplifiers or loud speakers be installed outside any building.

   F.   Golf driving range; range should be designed to allow drives up to three hundred fifty (350) yards; range should be placed so that flying balls will be diverted toward the interior of the site; that the driving tees be located no closer than one hundred feet (100') to any boundary of the site.

   G.   Arcade, provided it is not within six hundred feet (600') of any public elementary or secondary school, nor within six hundred feet (600') of another arcade in the same center.

   H.   Swimming pool, outdoor, provided the pool is located not less than fifty feet (50') from any residential property line; and is enclosed by a fence or wall not less than six feet (6') in height; and provided that any lights used to illuminate said pool or its accessories shall be controlled so as not to reflect on any area beyond the property, and that no amplifiers or loud speakers be installed outside any building except as necessary for safety and control.

   I.   Roller skating rink.

(Ord. 84-4, 1-26-1984; amd. Ord. 84-15, 5-31-1984)

   A.   Parking: Off-street parking and loading facilities shall not occupy any required front yard area.

   B.   Loading Areas: All loading areas are to be screened from view from adjoining roads on adjacent properties.

   C.   Storage: All storage shall be in an enclosed building.

   D.   Utility Lines: All utility lines, connections and installations must be underground and rise within the building. Transformers, meters and similar apparatus must be at ground level or below, with approved screening for ground level installations. Special exceptions will be made for major power lines serving the needs of the larger region.

   E.   Objectionable Conditions: All uses shall be free from objectional or excessive odor, dust, smoke, noise, glare, radiation or vibrations.

(Ord. 84-4, 1-26-1984)

(Note: By minimum standards, the actual requirements may vary upward as an individual site demands. As part of the site plan review process, the Planning Commission or Mayor may impose requirements beyond the minimum here listed if they find it necessary in order to integrate the use into its environment.)

   A.   Minimum Area: The minimum area for a Planned Commercial Recreation Zone is five (5) acres.

   B.   Minimum Lot Width: Minimum lot width, two hundred feet (200').

   C.   Minimum Yard Setbacks:

      1.   Front, twenty feet (20'); if property fronts more than one dedicated street, a twenty foot (20') setback is required on all street frontages.

      2.   Side, twenty feet (20'); except forty feet (40') when adjacent to a residential property or when individual requirements for specific uses mandate larger setbacks. (See conditional uses, Chapter of this Title.)

      3.   Rear, twenty feet (20'); except forty feet (40') when abutting a residential property, or greater setbacks when individual conditional uses require it. (See conditional uses, Chapter 7 of this Title.)

   D.   Building Height:

      1.   Minimum, one story.

      2.   Maximum, three (3) stories or forty feet (40').

   E.   Minimum Landscaping: Ten percent (10%) of the site shall be landscaped and shall meet the following: all portions of the required front yard except the pedestrian walks and necessary vehicular driveways shall be landscaped and provided with adequate sprinkling or irrigation systems. Street trees shall be provided. Any parking visible from the street or adjoining residential property shall be screened with an appropriate planting screen or decorative wall. All landscaped areas required or shown on the approved plan shall be properly maintained at all times. The planning commission may recommend a reasonable amount to be provided by the developer by cash deposit to ensure the completion of landscaping 1 .

   F.   Off-Street Parking: The number of parking spaces provided shall comply with the requirements listed in chapter 12 of this title. For uses not listed in chapter 12 of this title, the planning commission shall establish an appropriate number of spaces after hearing the recommendations of the developer and staff.

   G.   Distance Between Buildings: The distance between main buildings in the planned commercial recreation zone shall be not less than twenty feet (20'). The minimum distance between any main building and an accessory building shall be not less than ten feet (10').

   H.   Other Requirements: Other requirements as deemed appropriate by the planning commission or mayor.

(Ord. 84-4, 1-26-1984; amd. 1999 Code)

   A.   Single Ownership: A development plan in a PCR zone may be approved only upon land held in single ownership or under unified control.

   B.   Nonconforming Uses: A PCR zone shall not be established upon a tract of land which would contain a nonconforming use after the passage of such amendment to the zoning ordinance or map unless the development planned for the tract includes the elimination of the nonconforming use or its integration into planned development. No development plan shall be approved after approval of the PCR zone which does not eliminate the nonconforming use or integrate the nonconforming use into the development.

   C.   Location: The location of the PCR zone shall have an acceptable relationship to and further the purposes of the general plan for the city as determined by the planning commission.

(Ord. 84-4, 1-26-1984; amd. Ord. 91-51, 12-19-1991)

   A.   Review Process Required: In a PCR zone, a development plan shall be approved in accordance with the provisions of this chapter prior to the construction of any new building, the exterior remodeling or alteration of any existing building, or the alteration of an existing site for parking, fencing or landscaping. No person or entity shall commence such construction, remodeling or alteration without submitting development plans to the planning commission for review.

   B.   Submission Of Plans: The submitted development plan shall show a unified and organized arrangement of building and structures and their proposed uses, off-street parking, internal and external traffic circulation, and service facilities, and schematic architectural drawing, landscaping plans and sketches demonstrating the design and character of the proposed development.

   C.   Planning Commission Review: The planning commission shall recommend approval or denial of the development plan to the mayor. The recommendation of the planning commission may contain conditions, limitations or amendments to the development plan to ensure that the development meets the purpose, intent and requirements of this chapter and the ordinances of the city. The planning commission may also recommend a reasonable amount to be provided by the developer by cash deposit or bond, to ensure the completion of the landscaping and public improvements for the entire plan or any phase thereof.

   D.   Mayoral Action: The mayor may approve or disapprove the development plan, the amount required to ensure completion of the landscaping or public improvements, together with whatever amendments, conditions or requirements as the mayor may determine is necessary to secure the purpose and intent of this chapter.

(Ord. 84-4, 1-26-1984; amd. Ord. 91-51, 12-19-1991)

The building official shall not issue any permit for the proposed building, alteration or remodeling unless such building, remodeling or alteration is in accordance with the approved development plan and any conditions imposed, including the posting of any deposit or bond required by the mayor or this code. The final development plan shall show in detail the proposed areas and locations of building, off-street parking, internal and external traffic circulation, improvements, signs and service facilities, and landscaping plans. No changes shall be made in the final development plan pursuant thereto without first obtaining prior approval. Copies of the approved development plan shall be filed with the department, engineering division, and building official and only changes which may be subsequently approved shall be added thereto.

(Ord. 84-4, 1-26-1984; amd. Ord. 91-51, 12-19-1991; 1999 Code; Ord. 2001-32, 6-5-2001, eff. 6-30-2001)

   A.   Building Permit; Construction: A building permit shall be secured and construction begun in accordance with the approved final development plan within twelve (12) months from the date of the mayor's approval of the development plan. Application may be made for not more than six (6) months' extension of the time limit for commencement of construction. Plan approval will expire if no building permits are issued within the time limits specified above.

   B.   Automatic Review Of Zoning: Any rezoning of property to a PCR zone, by petition, occurring after January 6, 1992, unless waived by the city council at the time of the rezoning, shall be subject to automatic review of the zoning classification of the property by the planning commission in the event of the following occurrences:

      1.   No development plan has been approved within eighteen (18) months from the effective date of the ordinance establishing the zone; or

      2.   Three (3) years have lapsed since passage of the ordinance establishing the zone and no approved development plan is currently is effect.

   C.   Change Of Zone Classification: In the event of the above, the planning commission shall review the classification of the zone and the progress which has taken place, and if necessary, initiate proceedings to rezone said property to its prior classification or to a zone consistent with the general plan.

(Ord. 84-4, 1-26-1984; amd. Ord. 91-51, 12-19-1991)

   A.   Violation: All construction and site improvements authorized in the approved development plan shall be completed in strict compliance with the plan. Failure to comply with the conditions of the approved site plan shall constitute a violation of the provisions of this title and shall constitute a misdemeanor as set forth in section 15-1-11 of this title.

   B.   Nuisance: Any violation of this chapter is a public nuisance and may be abated by appropriate proceedings.

   C.   Revocation; Appeal: Noncompliance with the conditions of the approved site development plan shall be sufficient cause for the building official to withhold or revoke a certificate of occupancy; provided however, that the holder of the certificate shall first be afforded an opportunity to be heard before the building official and show cause as to why the permit should not be revoked. An appeal from the decision of the building official revoking the certificate may be made, in writing, to the mayor within fifteen (15) days of the date of the decision.

(Ord. 84-4, 1-26-1984; amd. Ord. 91-51, 12-19-1991)