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Salina City Zoning Code

CHAPTER 17

56 PLANNED COMMERCIAL ZONES CP-1 AND CP-2

17.56.010 Purpose And Intent

The intent of the planned commercial (CP-1 and CP-2) zones are to permit the establishment of a well-designed complex of retail commercial facilities for a neighborhood or a community which will provide goods and services for the people to be served minimize traffic congestion on public streets in the vicinity, and which shall best fit the general environment and land use patterns of the area to be served. The protective standards contained in this chapter are intended to minimize any adverse effect of the planned commercial zones on nearby property by achieving maximum compatible integration of land uses, by preserving the aesthetic qualities of the area, and to provide a safe and efficient use of the planned commercial zone itself.

(ZO § 23-1)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.020 Use Regulations

Any permitted or conditional use allowed in the C-1 and C-2 zones shall be permitted in its respective CP-1 or CP-2 zone, provided, where applicable, a conditional use permit is obtained as provided in Chapter 17.88. Such uses shall be indicated on the final development plan.

(ZO § 23-2)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.030 Site Development Standards

Site development standards in the CP-1 and CP-2 zones include:

  1. Minimum lot area: none;
  2. Maximum lot area: five acres in CP-1; none in CP-2;
  3. Minimum yard setbacks:
    1. Front: none in CP-2; in CP-1, twenty (20) feet for main building, walls or fences;
    2. Side: none, except ten (10) feet adjoining a residential zone;
    3. Side; facing street on corner lot: none in CP-2; in CP-1, twenty (20) feet;
    4. Rear: none, except ten (10) feet adjoining a residential zone;
  4. Building height:
    1. Minimum: one story,
    2. Maximum: none in CP-2; in CP-1, two and one-half stories or thirty-five (35) feet;
  5. Lot coverage: the aggregate area of all buildings shall not exceed forty (40) percent in the CP-1 zone, nor sixty (60) percent in the CP-2 zone, of the entire lot.

(ZO § 23-3)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.040 Special Parking Requirements

Notwithstanding the provisions of Chapter 17.80, there shall be provided off-street parking facilities in the ratio of not less than three square feet of parking for each one square foot of sales floor area within the development.

(ZO § 23-4)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.050 Protection Of Adjoining Residential Properties

Where a planned commercial development adjoins any lot in any residential zone, there shall be provided and maintained along such property line a wooden or ornamental masonry fence of not less than six feet in height; provided, however, that such fence shall be three and one-half feet in height along the property line which bounds the front yard of adjoining residential lots. At least fifty (50) percent of such wall should be maintained with a minimum six-foot wide planting strip and landscaping with trees and shrubs.

(ZO § 23-5)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.060 General Regulations

  1. Planned commercial zone may be established only upon land held in single ownership or under unified control or where the planning commission determines that commercial development on separate adjoining properties should be coordinated to form a physically unified commercial facility which will be compatible with the surrounding land uses. At the time a CP zone is established and before building permits are issued, deed restrictions on the property or properties covered under the zone change shall be filed by the applicant or owners of subject property with the county recorder and shall provide that development take place on such property or properties in accordance with the final site development plan approved by the city council and on file with the city recorder.
  2. A CP zone shall not be established upon a tract of land which would contain a nonconforming use or its integration into planned development.
  3. The location of the CP zone shall have an acceptable relationship to and further the purposes of the master plan for the city as determined by the planning commission.

(ZO § 23-6)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.070 Submission Of Application

A rezoning petition for a planned commercial zone shall be submitted to the planning commission and shall be accompanied by a preliminary development plan for the commercial center showing a unified and organized arrangement of buildings and structures and their proposed uses, off-street parking, internal and external traffic circulation, and service facilities and schematic architectural drawings, landscaping plans and sketches demonstrating the design and character of the proposed development. The developer shall submit all evidence deemed necessary by the city council and/or planning commission of his or her ability to undertake and complete the proposed project.

(ZO § 23-7)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.080 Planning Commission Action

The planning commission shall recommend approval or denial of the zoning petition and preliminary development plan to the city council. The recommendation of the planning commission may contain conditions, limitations or amendments to the preliminary development plan to insure that the planned commercial development is integrated into its surroundings and serves the public interest to the greatest extent possible. The planning commission shall also recommend a reasonable amount to be provided by the developer by cash deposit or bond, to insure the completion of the landscaping for the entire plan or phase thereof.

(ZO § 23-8)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.090 City Council Action

The city council, after holding a public hearing thereon, may approve or disapprove a petition for a planned commercial zone. In approving a zoning petition, the city council shall concurrently approve a preliminary development plan, the amount required to insure completion of the landscaping together with whatever amendments, conditions or requirements as it may deem necessary to secure the purpose of this chapter.

(ZO § 23-9)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.100 Building Permit Issuance

After the rezoning of the site to a CP zone, a final development plan for the entire district, or for the phases thereof if a stage plan development plan has been approved, shall be submitted to and approved by the planning commission as complying with the regulations and requirements attached thereto prior to the issuance of any building or land use permits. The final development plan shall show in detail the proposed areas and locations of buildings, off-street parking, internal and external traffic circulation, improvements, landscaping, signs and service facilities. No changes shall be made in the final development plan during the course of construction pursuant thereto without first obtaining prior approval of the planning commission. Copies of the approved final development plan shall be kept on file in the office of the planning commission, building inspector and city recorder, and only changes which may be subsequently approved shall be added thereto.

(ZO § 23-10)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.110 Time Limitation

  1. A building permit shall be secured and construction begun in accordance with the approved final development plan within eighteen (18) months from the effective date of the ordinance establishing such zone or other period of time as determined by the city council. Application may be made for not more than six months' extension of the time limit for commencement of construction. Use and building permits shall be issued only for those uses and buildings indicated on the approved final development plan.
  2. In the event that construction is not started within the specified time limits, the planning commission shall review the classification of the zone and the progress which has taken place, and if deemed necessary, revoke the plan approval and initiate proceedings to rezone said property to its prior classification or to a zone consistent with the master plan of the city.
  3. All construction authorized in the approved final development plan shall be completed within three years of the date construction has commenced. A plan for stage development which will require more time than the limits contained herein may be approved by the city council, after recommendation by the planning commission.
  4. In the event that construction is not completed within the time limits specified, the planning commission shall review the development which has taken place and if necessary initiate proceedings to reclassify the property or part thereof in a manner consistent with the master plan of the city.

(ZO § 23-11)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.56.120 Application To Existing Commercial Districts

In the case of existing commercial districts, the planning commission and city council may proceed to rezone such districts to an equivalent planned commercial zone without the requirements of a preliminary development plan and other necessary information; but after being so zoned to a planned commercial zone, a preliminary and final development plan of each development shall be submitted to and approved by the planning commission and city council in accordance with the provisions of this chapter prior to the issuance of building permits; provided, however, that improvements already in existence at the time of rezoning shall not be affected.

(ZO § 23-12)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

2024-3