Rock Hill City Zoning Code
ARTICLE VII
"C-2" Planned Commercial District
Section 405.325 Purpose.
[Ord. No. 2020, 4-5-2022]
The "C-2" Planned Commercial Business District is intended to provide for the development of planned developments that allow for retail, office, and service businesses in combination with multi-family dwellings within the same building(s), and to provide district regulations and development requirements.
Section 405.330 Regulations As To Use.
[Ord. No. 1310 §1(33-75), 9-19-1995; Ord. No. 1470 §1, 9-17-2002]
A.
Within "C-2" Planned Commercial Business District, the following regulations shall apply:
1.
Permitted uses. A building or premises shall be used only for the following purposes:
a.
Any use permitted in the "C-1" or "C" Commercial District.
b.
Multiple dwelling units in combination with other permitted uses within the same building, provided that all of the dwelling units within a single building shall have an average floor area of at least four hundred (400) square feet, excluding all areas not used for living purposes and provided that dwelling units shall not be located below the second (2nd) story above grade and shall not be located in buildings greater than three (3) stories in height.
2.
Condition of use. All activities as permitted or required in the "C-2" Planned Commercial District shall be conducted wholly within an enclosed building.
3.
Height of building. No building shall exceed a height which for that particular building will create a floor area ratio of two and one-half (2½).
4.
Lot requirements. There may be more than one (1) main building upon a tract of land, and the yard requirements set forth in Subparagraph (5) hereof shall apply to the tract of land as a whole and not to any particular building thereon, the only requirement being that no building shall encroach upon the required front, side or rear yard of the tract as a whole. For the purposes of this Section only, the front shall be the side having the greatest frontage upon a street or upon an officially approved place.
5.
Yard areas.
a.
On sites greater than forty-three thousand five hundred sixty (43,560) square feet (one (1) acre), no building or structure except for that portion built entirely below grade with no exposed wall shall be closer than fifty (50) feet to the front, side or rear property line, except that a building four (4) stories or less in height may be built to within forty (40) feet of the front property line and within twenty-five (25) feet of the side and rear property lines if the development plan for such building is approved by the Board of Aldermen. On a through lot, the required front yard shall be provided on both streets. On a corner lot, the required front yard shall be provided on both streets.
b.
On sites of forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) or less, the building lines specified in Subparagraph (a) above may be modified subject to approval by the Planning and Zoning Commission and the Board of Aldermen as part of a total development plan.
6.
Off-street parking.
a.
Off-street parking shall be as required for "C" Districts or as approved by the Planning and Zoning Commission and the Board of Aldermen. No surface parking areas shall be closer than fifteen (15) feet to the front property lines nor closer than six (6) feet to the side and rear property lines.
b.
On sites of forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) or less, the off-street parking specified in Subparagraph (a) above may be modified subject to approval by the Planning and Zoning Commission and the Board of Aldermen as part of a specified total development plan.
7.
Loading spaces.
a.
There shall be one (1) loading space for the first (1st) twenty-five thousand (25,000) square feet of gross building area and there shall be one (1) additional loading space for each additional fifty thousand (50,000) square feet of gross building area, provided however, that there shall not be more than four (4) loading spaces required for buildings designated and occupied exclusively as offices.
b.
On sites of forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) or less, the loading requirements specified in Subparagraph (a) above may be modified subject to approval by the Planning and Zoning Commission and the Board of Aldermen as part of a specified total development plan.
8.
Screening.
a.
There shall be planting screens or structurally sound walls or fences, or a combination thereof, between surface parking areas and side and rear property lines not less than six (6) feet in width and not less than six (6) feet in height. There shall be planting areas not less than fifteen (15) feet in width and not less than three (3) feet in height between surface parking areas and front property lines. All of said planting screens and planting areas are to serve as a screen for the parking area.
b.
On sites of forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) or less, the screening specified in Subparagraph (a) above may be modified subject to approval by the Planning and Zoning Commission and the Board of Aldermen as part of a specified total development plan.
Section 405.340 Development Procedure.
[Ord. No. 1310 §2(33-75), 9-19-1995; Ord. No. 1470 §1, 9-17-2002]
A.
The following procedures shall apply to review of rezoning any new or amended development plan.
1.
The owner or owners of any tract of land seeking to have the City rezone the land to "C-2" Planned Commercial District shall, at the time of the filing of the petition for rezoning with the Board of Aldermen, file a preliminary development plan. In the case of land already zoned "C-2" Planned Commercial District, the preliminary development plan may be filed at the instance of the owner or developer. The preliminary development plan hereinabove referred to shall include the following:
a.
Plat plan showing the size, dimensions and location of the property.
b.
The proposed building lines.
c.
The proposed location and approximate size of the building or buildings.
d.
The tentative parking and circulation patterns.
e.
The approximate existing and proposed contours.
f.
The planting areas.
g.
The type, size and location of proposed signs not attached to the buildings.
2.
Processing costs.
a.
A processing cost deposit in the amount of two thousand dollars ($2,000.00) shall be deposited within the City at the time the petition is filed in the City Clerk's office. This deposit is to be used for the purpose of payment for professional and administrative costs incidental to the processing of the petition. Any costs or expenses incurred by the City as a result of the submission, review and final determination of any petition or development plan, according to the process as set out in this Section, shall be paid for out of the said deposited amount. Said costs or expenses incurred by the City shall be determined by the City Clerk. Upon final determination or disposition by the City of any petition, any portion of said deposited monies not expended or budgeted for expenditures shall be returned to the petitioner within thirty (30) days from said final determination and disposition. Any costs or expenses incurred by the City, in excess of the deposited amount, shall be paid into the City from time to time within thirty (30) days from determination by the City. At the time of final determination or disposition, the City Clerk shall present to the petitioner a listing of said costs or expenses, along with a determination of any amount due the City, or any amount to be refunded in accordance with the Section. The deposit required herein shall be separate from, and is not intended to include, any building or any other permit fees or any escrow monitoring fees.
b.
In addition to the foregoing cost deposit, the petitioner shall pay a filing fee of two hundred dollars ($200.00) for each review of preliminary development plan or each amendment thereto after initial approval.
3.
Review, study and public hearing.
a.
Upon the filing of the application for the preliminary development plan with the Board of Aldermen, the Board shall refer the same to the Planning and Zoning Commission for review, study and public hearing.
b.
The Planning and Zoning Commission shall review the application and shall conduct a public hearing concerning the same after having given notice of the time, place and purpose of such public hearing by at least one (1) notice in a newspaper of general circulation within the City at least fifteen (15) days prior to the date of the public hearing and by sending a copy of said notice by first class mail to all property owners shown by the City tax records within three hundred (300) feet of the boundaries of the area.
c.
After the public hearing, the Planning and Zoning Commission shall report to the Board of Aldermen with its recommendations as to the application within sixty (60) days and the preliminary development plan.
d.
The Board of Aldermen may then either approve, disapprove or modify and then approve the application and the preliminary development plan, or it may return the same to the Planning and Zoning Commission for further study and report.
4.
Final development plan.
a.
Within twelve (12) months from the date of the approval by the Board of Aldermen of the application and the preliminary development plan, a final development plan shall be filed by the developer with the Planning and Zoning Commission. In addition to matters shown on the preliminary development plan, such final development plan shall include the following:
(1)
The existing and proposed contour intervals.
(2)
The landscape plan with the specific size, species and location of all plant materials (both as to buffer area around the perimeter as well as in the parking lots).
(3)
All proposed uses and structures (present and future).
(4)
Sidewalks.
(5)
Parking spaces and moving traffic lanes.
(6)
Loading and egress facilities.
(7)
Ingress and egress facilities.
(8)
Plan for the provision of water, sanitary sewage and storm drainage facilities.
(9)
All easements and dedications.
(10)
All other information which the Planning and Zoning Commission may require.
b.
No building permit shall be issued to construct any part of all of the development in the district until such time as the Planning and Zoning Commission and the Board of Aldermen have approved the final development plan and unless the construction plans meet all requirements of the City and the City's Building Code. Nothing contained herein shall be constructed to prohibit such grading and site work as shall be needed to prepare the tract for development, provided approval of the Planning and Zoning Commission is received in writing and final approval by the Board of Aldermen for such grading and site work and a grading permit is secured.
5.
No improvements, buildings, facilities, commercial establishments or service concerns of any character may be constructed upon, or may occupy or use, any portion of the district until a performance bond, or a performance undertaking, or a performance escrow sufficient to insure to the City either the completion of all such improvements or alternatively to pay the estimated expenses of restoring the improvements are undertaken but not completed in a form approved by the City Attorney and in an amount as determined by the Planning and Zoning Commission and the Board of Aldermen is posted and filed with the City Clerk. If the district is to be developed in sections, all parking facilities, necessary to the proper operation and functioning of the entire development (including all sections thereof) even though such improvements may be located outside the section, must be constructed, installed or planted at the time of the development of the first (1st) section by the Planning and Zoning Commission.
6.
Within twenty-four (24) months of the date of approval of the final development plan, construction shall commence or the permit shall be void.
7.
Any subsequent transfer of ownership or lease of the property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions herein set forth and the approved development plan for the property. There shall be adequate legal provisions to insure that the development in accordance with the approved plan will be actually constructed and completed and that any common areas will be properly protected and maintained. It may be required as a condition of approval of the development plan that deed restrictions or a trust indenture be executed and recorded.
8.
Any proposed change to the preliminary development plan after approval or changes in the final development plan which are deemed substantial in the opinion of the Building Commissioner shall be referred to the Planning and Zoning Commission and then to the Board of Aldermen under the procedures set out above for new petitions.