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Salisbury City Zoning Code

CHAPTER 17

212 - SHOPPING CENTERS

17.212.010 - Purpose.

These standards are established as a guide for the development of well-designed shopping centers offering the public convenient shopping facilities with common parking, unified access, landscaping and special sign amenities while minimizing any adverse effects of noise, dust or glare on adjoining or nearby properties.

(Prior code § 150-230)

17.212.020 - Development standards.

A.

A shopping center shall be developed in accordance with a comprehensive development plan as defined in Section 17.04.120, which shall be submitted and reviewed in accordance with chapter 17.180.

B.

The site shall be designed so that buildings, parking areas and landscaping are harmonious and attractively arranged and in a manner which will not adversely affect existing or future development in the area.

C.

Buildings shall be designed so that facades, signs and other appurtenances have an integrated and harmonious appearance.

D.

Access to and from the site shall be provided so as not to create a traffic hazard on boundary streets or interrupt traffic flow near an intersection. Entrance and exit drives shall be designed so that traffic will flow smoothly into and out of the parking lot without stacking of cars in entrance ways, onto boundary streets, in front of building entrances or blocking interior access drives to parking areas and shall be delineated from interior parking areas by permanent curbing or similar barriers to effectively channel traffic within the parking lot.

E.

Parking shall be arranged to avoid excessive walking and minimize conflict between pedestrian and interior traffic movements. Loading and unloading areas shall be separated from customer parking areas, and safety provisions shall be made for protection of pedestrians through adequate location of sidewalks and crossovers which are provided with drainage, lighting, directional signs and supervision as may be necessary.

F.

Shopping centers shall be served by common sewers, gas, water, lighting, power and services where feasible.

G.

A minimum of ten percent of the total construction must be initiated within two years of comprehensive development plan approval.

H.

Needs Analysis.

1.

A needs analysis shall be prepared and submitted with the application for a comprehensive development plan for:

a.

Any proposed shopping center greater than one hundred thousand (100,000) gross square feet of floor area approved after July 1, 1989;

b.

The expansion of any existing or previously approved shopping center greater than one hundred thousand (100,000) gross square feet of floor area where such expansion exceeds fifty (50) percent of the approved gross floor area;

c.

The requirement for a needs analysis shall not be waived by the planning commission.

2.

The needs analysis shall be prepared to demonstrate that the amount of proposed building area can be properly absorbed by the local or regional market it is planned to serve.

3.

The needs analysis shall include an assessment of the existing amount of retail floor space in the community and the amount approved in the past but currently unbuilt in order to assure that premature development or a surplus of new commercial floor space does not occur which will oversaturate the city with commercial floor space resulting in the potential deterioration and blight of existing approved commercial areas in the city.

4.

If the planning commission finds, during its review of the comprehensive development plan, that the proposed shopping center will result in the creation of surplus retail square footage in the city which may result in the blight or deterioration of existing commercial areas or that the proposed shopping center may be premature or that the needs analysis is inadequate in content to provide the required information, then it shall recommend denial of the special exception to the Board of Appeals.

5.

If the commission finds that the proposed development will add to the economic viability of the city and will not create the adverse conditions stated in subsection (H)(4) of this section, a recommendation for approval of the proposed development shall be forwarded to the Board of Appeals.

6.

The Board of Appeals shall consider the results of the needs analysis and the planning commission's recommendation in making its decision on any request for a special exception for a shopping center. A final comprehensive development plan shall not be approved by the planning commission until the Board of Appeals has rendered a decision on the special exception.

(Prior code § 150-231)

(Ord. No. 2769, § 1, 2-13-2023)

17.212.030 - Permitted uses.

Land and buildings shall be designed, arranged and used solely for the following enumerated uses:

A.

Department stores;

B.

Retail establishments, including but not limited to the sale of appliances, wearing apparel, general merchandise and foodstuffs;

C.

Commercial service establishments, including but not limited to barbershops, beauty shops, tailor, repair of consumer products, professional services and automobile services;

D.

Recreational establishment, indoor;

E.

Theater and community meeting rooms;

F.

Offices and financial institutions;

G.

Eating and drinking establishments;

H.

Motels and hotels;

I.

Day-care services for employees and patrons of the shopping center;

J.

School of general instruction;

K.

School of special instruction;

L.

Warehouses or storage facilities;

M.

Medical office/clinic;

N.

Animal hospital, except that the following shall be prohibited: 24-hour and/or overnight care, boarding of animals, and/or outside pens or runs.

(Ord. 1765 § 1, 2000; prior code § 150-232)

(Ord. No. 2619, 10-26-2020; Ord. No. 2640, 1-11-2021; Ord. No. 2737, 9-26-2022)

17.212.040 - Parking.

Parking shall be in accordance with chapter 17.196.

(Prior code § 150-233)

17.212.050 - Loading.

Off-street loading and unloading space shall be provided in accordance with chapter 17.196 and landscaped and screened in accordance with chapter 17.220.

(Prior code § 150-234)

17.212.060 - Paving and illumination.

All roadways, parking areas and pedestrian walks shall be paved and maintained in good condition at all times. All such areas shall be properly illuminated when used after dark, and such illumination shall be designed so as not to throw glare onto surrounding properties.

(Prior code § 150-235)

17.212.070 - Screening and landscaping.

Whenever a shopping center is located adjacent to a residentially developed or zoned area, a permanent fence or a ten-foot-wide landscaped screening area at least five feet in height shall be provided along all lot lines adjoining such residential area in accordance with chapter 17.220. Landscaping of parking lots and peripheral landscaping plantings and fencing shall be in accordance with the requirements and examples set forth in chapter 17.220.

(Prior code § 150-236)

17.212.080 - Signs.

A.

A plan shall be required showing the overall design and treatment of signs throughout the center, which shall be submitted to and approved by the planning commission as part of the comprehensive development plan. All signs within the center shall be controlled by written agreement between the owners and tenants of the center to ensure an attractive and harmonious appearance throughout the center.

B.

The following signs shall be permitted as approved by the planning commission on the approved sign plan:

1.

One ground sign no higher than thirty (30) feet above the ground, limited to two faces and a total of four hundred (400) square feet, shall be permitted for the principal street frontage; one additional ground sign may be permitted on a secondary street frontage, with surface area not to exceed two hundred (200) square feet. Such signs may be located within the building setback area, but no part of such sign shall be closer than twenty (20) feet from any curbline for centers located in a neighborhood business district or regional commercial district and fifteen (15) feet from the curbline for centers in a general commercial district, except that where no curbline exists, all sign setbacks shall be from the street right-of-way. The specific location, colors and design of such signs shall be approved by the planning commission and designated on the final approved site plan.

2.

One exterior wall sign for each business establishment located within the same horizontal plan across the building facade. Such sign shall be mounted flush with the building but may include raised lettering not to extend more than eighteen (18) inches from the building wall. Size and color of such signs shall be as shown on the approved overall sign plan.

3.

Projecting and marquee signs not exceeding six square feet in surface area and located no closer than ten feet above walkways.

4.

Bulletin or directory board not exceeding twenty (20) square feet in surface area.

5.

Instructional signs not exceeding three feet in height and six square feet in surface area.

C.

Signs shall be nonflashing.

(Ord. 1599 § 20, 1995; prior code § 150-237)