This classification is designed to accommodate the development of shopping centers and retail establishments larger than 30,000 square feet of floor area or which contain commercial uses which are proposed to be developed in conjunction with residential uses. A special use permit, issued in accordance with § 152.053, below, is required as a prerequisite to any use or development in a PCD District, and no use shall be permitted except pursuant to such permit.  Such permit shall insure that the proposed use or development is consistent with the requirements of this section and may further specify the timing of development, the location and extent of rights-of-way and other areas to be dedicated for public use, and other such matters as the applicant may propose as conditions upon the request.  In granting the special use permit for a planned commercial development district, the Town Council may impose such additional reasonable and appropriate safeguards upon such permit as it may deem necessary in order that the purpose and intent of this chapter are served, public welfare secured and substantial justice done.
   (A)   Application. The reclassification of property to PCD Planned Commercial Development shall be initiated only by the owner(s) of a legal interest in the affected property, any person(s) having an interest in the property by reason of a written contract with the owner(s), or an agent authorized in writing to act on behalf of the owner(s).  No land development permit shall be issued for any development within a PCD Planned Commercial Development except in accordance with an approved special use permit.
   (B)   Permissible uses.  A building or land shall be used only for those purposes specified in the special use permit for the project which may include one or more of the following:
      (1)   Accessory uses and structures.
      (2)   Adult day care centers registered with the NC Department of Health and Human Services.
      (3)   Animal boarding facilities.
      (4)   Assisted living facilities.
      (5)   Automobile car washes.
      (6)   Automobile sales and service establishments.
      (7)   Banks and other financial institutions.
      (8)   Bed and breakfast facilities.
      (9)   Brewpubs.
      (10)   Business services.
      (11)   Child care center (SR).
      (12)   Civic clubs and fraternal organizations.
      (13)   Construction trades facilities.
      (14)   Dance, health and fitness facilities.
      (15)   Dry cleaning and laundry establishments.
      (16)   Farm and construction equipment sales and service.
      (17)   Food processing establishments.
      (18)   Funeral homes and crematoria.
      (19)   Golf courses.
      (20)   Golf driving ranges.
      (21)   Home occupations (SR).
      (22)   Hotels and motels.
      (23)   Laundries, coin-operated.
      (24)   Manufactured homes and recreational vehicle sales.
      (25)   Mini-warehouses.
      (26)   Mobile food vending (SR).
      (27)   Music, art studios and galleries.
      (28)   Newspaper offices and printing establishments.
      (29)   Offices, business, financial, including banks, governmental, and professional.
      (30)   Parking lots and parking garages.
      (31)   Parks, public, including greenways.
      (32)   Personal services.
      (33)   Places of worship.
      (34)   Planned residential developments.
      (35)   Public utility facilities (SR).
      (36)   Recreational facilities, indoors.
      (37)   Recreational facilities, outdoors, commercial.
      (38)   Repair services, miscellaneous.
      (39)   Residential dwellings, single-family, two-family and multi-family.
      (40)   Restaurants.
      (41)   Restaurants, drive-in.
      (42)   Retail sales.
      (43)   RV Parks.
      (44)   Service stations.
      (45)   Signs
      (46)   Tasting rooms.
      (47)   Wholesale sales, distribution and warehousing.
   (C)   Development requirements.  Primary vehicular access for a PCD Planned Commercial Development shall be by means of a major or minor thoroughfare designated as such on the current City Thoroughfare Plan.  Alternatively, access may be provided by means of streets other than major or minor thoroughfares when it is clearly demonstrated that the development will not result in a significant increase in traffic on any such street.
   (D)   Development standards.  All uses and structures in the PCD Classification shall meet the following development standards:
      (1)   Setbacks. All buildings and structures shall be set back not less than 40 feet from the nearest right-of-way line for any street adjoining the site; provided, however, such setback may be reduced to ten feet when parking is situated to the side or rear of the lot and screened from view from public rights-of-way.  Furthermore, such buildings and structures shall be set back not less than 25 feet from any exterior property line, which is not contiguous with a street or other right-of-way.
      (2)   Parking, driveways, and loading areas. Off-street parking, driveways, and loading areas shall be provided as required in §§ 152.090 - 152.105, below, and shall be paved according to the specifications of the NCDOT.
      (3)   Buffering and landscaping. The applicant shall propose, plant, construct, and make satisfactory arrangements for the preservation of a buffer and/or setbacks adequate to protect adjoining properties from the impacts of the proposed development.  Such buffers, at a minimum, shall meet the requirements of §§ 152.170 - 152.179.  Any part of the project area not used for buildings or other structures, loading and access ways shall be left in a natural state or landscaped with grass, trees, and shrubs.
      (4)   Building height. The maximum height of any building in the district shall be 48 feet.
      (5)   Circulation and access. Streets, drives and parking areas in a planned commercial development shall provide safe and convenient access to appropriate project facilities.  Sidewalks shall be included to provide a logical, safe, and convenient system for pedestrian access to appropriate project facilities.  Greenways or pedestrian/bicycle pathways may be substituted for sidewalks, if appropriate.  Sidewalks meeting the town’s sidewalk standards shall be provided along all public streets and roads in accordance with §§ 152.090 - 152.105.
      (6)   Density.  The density for a residential development planned as part of a PCD Planned Commercial Development district shall be established by the Town Council in consideration of surrounding land uses and the existence of adequate private and public facilities, including, without limitation, water, wastewater, solid waste, stormwater, roads and parks, to serve the development.  A planned commercial development may qualify for a density bonus in the manner specified in § 152.039(E). Otherwise, the density authorized for the district shall not exceed ten units per acre.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 6-2-14; Am. Ord. passed 10-5-15; Am. Ord. passed 2-1-16; Am. Ord. passed - - )