Within the BC-1 zones as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.
(1) Refer to the Permitted Uses Chart (Appendix C).
(2) Within the BC-1 zone as shown on the zoning map of the town, where a permitted use aside from a shopping center is proposed, the development standards of the B-2 Highway Business Zoning District shall apply.
(B) Required screening areas building coverage and yards.
(1) A screen containing a mixture of deciduous and evergreen trees spaced in a staggered triangular pattern not more than ten feet apart and containing not less than two rows of dense plant materials shall be planted in a 15-foot buffer strip along such rear or side lines, either or both. The same shall be planted at an initial height of at least three feet and shall be of such variety that an average height of six feet can be expected by normal growth within four years from the time of initial planting. No plant material which would be a host to insects, would affect the plants on adjoining property, or would spread disease, can be used; and all plant materials must be nursery grown and conform to the guidelines as published by the American Association of Nurserymen in their 1959 edition. All plant materials shall be planted at least three feet from the side or rear lot line of adjoining property and shall be planted in the required buffer strip prior to the issuance of a certificate of occupancy by the Inspections Superintendent.
(2) Not more than 30% of the zoned area shall be covered by buildings.
(3) No building shall be closer than 20 feet to any exterior lot line or closer than 100 feet to any street right-of-way in a BC-1 Shopping Center zone.
(4) The tract of land upon which the proposed shopping center is to be erected must contain at least five acres.
(5) A BC-1 Shopping Center zone shall abut an existing or a proposed major thoroughfare for minimum distance of 400 feet and shall have a minimum average depth of 550 feet.
(C) Height. Not to exceed 40 feet.
(E) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required by § 153.044.
(G) Data to be submitted with petition. The applicant for this classification shall present to the town Planning Board the following items for consideration at the time the petition for rezoning is filed.
(1) A valid market analysis indicating the economic feasibility of the proposed development by outlining:
(a) The trade area of the proposed shopping center;
(b) An estimate of the trade area population, present and future;
(c) An estimate of the effective buying power of the trade area, both existing and proposed;
(d) An estimate of the net potential customer buying power for stores in the proposed development;
(e) An estimate of the amount of retail sates floor space in square feet currently lacking in the trade area.
(2) A statement indicating readiness to proceed with the proposed development by filing with the Zoning Officer an agreement signed by the owner or owners of the proposed development that actual construction shall begin within one year from the date final plans for the shopping center are approved and shall be prosecuted to completion within a reasonable period of time thereafter. In the event the town Planning Board and the Board of Aldermen find that the intent of this paragraph has been met or construction has not commenced within said one-year period, proceedings may be instituted for rezoning the area to its original classification. It is not the intent of this section, however, to prohibit a reasonable extension of the one-year limit by the Board of Aldermen.
(3) The preliminary site plan and the preliminary construction plan of the proposed development.
(H) Preliminary plan.
(1) The preliminary site plan shall be prepared on a 30 inches by 42 inches sheet of reproducible material using the largest scale possible and shall contain:
(a) Dimensions of the property and adjacent lots and streets;
(b) Location and proposed use of all buildings with dimensions and approximate ground floor area thereof;
(c) Topography of existing ground and paved areas and elevation of street alleys, utilities sanitary and storm sewers, buildings and structure;
(d) Plans for collecting and disposing of storm water and treatment of natural and artificial water courses;
(e) General indication of proposed grading, surface drainage, terraces retaining wall heights, grades on paved areas and ground floor elevations shown by contours or spot elevations;
(f) Parking areas with all spaces shown and dimensions thereof;
(g) Service area, truck loading facilities, service drives and dimensions thereof;
(h) Pedestrian walks or walkways with dimensions thereof;
(i) Drives and access to parking spaces with dimensions thereof;
(j) Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;
(k) Distances between the buildings and the property lines;
(l) Locations of plantings, waits and screening;
(m) Name and address of the development, name and address of the developer, date and scale of the plan, and the name of the person or firm preparing the plans;
(n) Vicinity map at a scale of one inch to 1,000 feet.
(2) The preliminary construction plan, the preliminary site plan and a detailed perspective drawing of the shopping center representing the general appearance of the buildings and grounds from the major thoroughfare must be prepared by a person authorized by law to prepare the same.
(3) Recommendations and suggestions concerning the preliminary plans for the proposed shopping center by the town Planning Board shall be upon the findings that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the point of ingress and egress to the development and that the plans of a shopping center. Dedication of additional right-of-way for public street purposes may be required to resolve potential traffic hazards and congestion. The lack of minimum yard dimensions does not imply the lack of need for such minimum dimensions. The absence of minimum yard dimensions is to provide for flexibility and imagination in design of the development. The purpose of a preliminary site plan, preliminary construction plan and perspective drawing of the shopping center is to enable the town Planning Board to review the same in order that it say recommend and approve said plans prior to presentation of the written recommendation and report to the Board of Aldermen. In each case consideration shall be given to the location of the various facilities and buildings on the premises and minimum yard dimensions.
(4) The Board of Aldermen may refuse to approve a preliminary site plan or a preliminary construction plan on the grounds that either fails to provide unity of development with other business uses in the same zone, or that either fails to adequately protect residential uses in adjacent zones from the adverse effects of a business operation, or that either proposal fails to provide safe conditions for pedestrians and motorists or that either plan fails to conform with the requirements of this chapter.
(5) Preliminary plans for the entire shopping center shall be prepared; however, a section consisting of at least 33% of the total proposed area contained in the shopping center or a section of the shopping center consisting of not less than five separate buildings, each housing a separate use, may be designated for immediate development and final plans prepared for that section only.
(I) Final plans.
(1) A final construction plan shall be prepared and shall include the following:
(a) Detailed perspective drawing of the shopping center showing the appearance of the buildings and grounds from the major access street;
(b) Detailed final construction plans for purposes of building inspection to include elevations of every building from all sides at a scale of not less than 1/8 inch to one foot.
(2) The final site plan shall be prepared on a 30 inches by 42 inches sheet of reproducible permanent base material using the largest scale possible and shall include the following:
(a) Dimensions of the property and adjacent lots and streets;
(b) Location, ground floor area and proposed use of the buildings with all dimensions thereof;
(c) Parking area with all spaces shown and dimensions thereof;
(d) Service area, truck loading facilities, service drives and dimensions thereof;
(e) Pedestrian walks or walkways with dimensions thereof;
(f) Drives and access to parking spaces with dimensions thereof;
(g) Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;
(h) Distances between the buildings and the property lines;
(i) Location of plantings, walls and screening;
(j) Name and address of the development, names and addresses of the developers, date, scale of plant and person or firm preparing the plan.
(3) The final site plan shall show all the information required of the preliminary site plan but the information shown shall be specific, precise and accurate to usual and recognized professional standards and not general in nature.
(4) A design of the storm sewerage system shall be submitted to the Town Clerk for his approval.
(5) The final site plan and final construction plan for the proposed development or changes within the development shall be submitted by the developer to the town Planning Board for its approval. After such approval is granted, the Building Inspector shall, if other pertinent town ordinances have been complied with, issue a building permit for the construction alteration or expansion of any building within a BC-1 Shopping Center zone upon application by the developer provided:
(a) Construction of at least five separate buildings housing at least five separate units or construction of at least 33% of the total proposed area contained in the shopping center, whichever is greater, must be commenced initially thereafter, the developer may construct on building at a time.
(b) No building shall be occupied within a BC-1 Shopping Center zone until a certificate of occupancy shall have been issued by the Building Inspector and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use of same complies with this chapter.
(c) The Inspection Superintendent may issue a certificate of occupancy for any completed structure or building even though some other structures shown in the approved final plans at the time are under construction.
(d) A certificate of occupancy shall not be issued for the buildings constructed until all drives, walks, parking spaces, screening and truck loading and unloading facilities shall have been provided and substantially improved as shown on the final plans as approved.
(6) Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.
(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 2-14-1995; Am. Ord. passed 6-12-2012; Am. Ord. passed 9-10-2019)
Cross reference:
Sign regulations schedule, see Appendix D
Yard and height requirements in business and residential districts, see Appendix A and Appendix B