(A) Intent. The Planned Commercial Development is established to encourage a more creative approach in land and building site planning for commercial uses, to encourage a more efficient and aesthetic retail environment and to achieve a greater flexibility for commercial development in the town’s planning area.
(B) Location. Planned commercial developments are permitted in the C-1, C-1P and C-2 Districts as a conditional use.
(C) Ownership. Land in a planned commercial development shall be under single ownership or management at the time of construction, or proper assurance shall be provided in order that the project can be successfully completed.
(D) Uses permitted. Within a planned commercial development, a building or land shall be used only for the uses permitted within the zoning district in which the development is located. Permitted land uses within a planned commercial development shall include those provided for in § 152.028 of this chapter that relate to the C-2 Zoning District and allow for multi-family development were the residential use is no more than 40% of the total square footage of the building(s) in the proposed development.
(E) Dimensional requirements. The Planning Board and the Board of Adjustment shall evaluate the site development plan in order to determine that the proposed site design and density of the project is acceptable regarding the health, safety and general welfare for the commercial development, the patrons and adjacent properties. All buildings and structures shall conform to the minimum setback standards for the zoning district in which they are located along the exterior boundaries of the site. The total building coverage area of all principal and accessory structures shall not exceed 40% of the gross square footage of the proposed site.
(G) Paving materials. All drives, parking and loading areas shall be paved with hard, all-weather surface material.
(H) Buffering. If the Board of Adjustment deems necessary, all or part of the boundaries of the development which abut residentially zoned property shall be provided with a 15-foot wide buffer strip, upon which evergreen trees or shrubs shall be planted and maintained; said plantings at maturity shall be at least ten feet in height.
(I) Responsibility of the applicant. When an applicant proposes to construct a planned commercial development, he or she shall proceed with the following schedule:
(1) Apply in writing to the Board of Adjustment requesting a conditional use for a planned commercial development. Attached to the application shall be the following information to be reviewed by the Planning Board:
(a) A site plan map showing the location of all proposed buildings and accessory uses, parking facilities, open space, utility easements and drainage, proposed buffer strips and topographic relief (contour interval of five feet) map to be at an appropriate scale;
(b) Gross acreage and/or square footage of the proposed development, the number and types of structures and accessory buildings, and the percentage of acreage and/or square footage of all covered space in the proposed development; and
(c) Streets and utilities: All developments containing streets and utilities designated or planned for acceptance by the town (whether for immediate or for future acceptance) shall first be reviewed by the Planning Board before the planned commercial development is approved by the Board of Adjustment. All streets and utility lines proposed shall be designed and constructed in accordance with, but not limited to, standards as shown in the subdivision regulations of the town. All developments with streets and utilities designated or planned for acceptance by appropriate public agencies outside the town limits (streets to be accepted by the state’s Department of Transportation, utilities to be accepted by the town or other appropriate agency) shall also generally conform to, but not be limited to, the subdivision regulations of the town, as the subdivision regulations relate to standards for the one-mile extraterritorial area.
(2) Appear in person (or send a duly appointed representative affiliated with the proposed development) at the Planning Board and Board of Adjustment meetings at which the proposed application is to be discussed, in order to answer all pertinent questions which the Planning Board and the Board of Adjustment may feel necessary to have answered, in order to review said application.
(J) Timing. If no development has occurred pursuant to the issuance of a conditional use:
(1) One year after the date of the conditional use for the planned commercial development; or
(2) Upon the expiration of one 90-day extension of time for starting development granted by the Board of Adjustment, the conditional use shall become null and void and the procedures for application and review as outlined in this section shall be required for any development on subject property.
(K) Staged development (phasing). After general construction commences, the Zoning Administrator shall review, at least once every six months, all permits issued and compare them to the overall development phasing program. If he or she determines that the rate of construction substantially differs from the approved phasing program, he or she shall so notify the developer and the Board of Adjustment in writing. Thereafter, the Board of Adjustment may issue such appropriate orders to the developer as it sees fit, and upon continued violation of this section may order the Zoning Administrator to refuse any further permits until the project is in general accordance with the approved phasing program.
(Ord. passed 3-16-1992; Ord. passed 3-14-2005; Ord. passed 4-9-2007; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 905)