(a) Intent. The CSC Commercial Shopping Center District is intended to encourage the development of planned commercial facilities with depth rather than strip type commercial development. Commercial activities that have an adverse effect on adjacent or adjoining properties, or on shopping centers themselves, are prohibited. Rezoning of additional lands to commercial shopping center classification requires a showing of public and economic need for the establishment of new commercial areas outside existing commercial areas. It is further intended that the district shall be used for the purpose of providing a variety of goods and services and not used for single purpose activities.
(b) Permitted uses. Within the CSC Commercial Shopping Center District, buildings or lands shall be used only for the following purposes:
(1) Retail outlets for sale of food, wearing apparel, home furnishings and appliances, office equipment, hardware, toys, gift sundries and notions, flowers, books and stationery, leather goods and luggage, jewelry, art, cameras, photographic supplies, sporting goods, musical instruments, pets, garden supplies, pharmaceuticals, and similar products in completely enclosed buildings.
(2) Service establishments such as barbershops or beauty shops, shoe repair shops, watch repair shops, computer repair shops, radio or television repair shops, newspaper offices, restaurants, delicatessens, interior decorator stores, photographic studios, dance studios, music studios, art studios, laundry or dry cleaner establishments, tailor or dressmakers, radio or television stations, gymnasiums, indoor motion picture theaters, bowling alleys, banks and financial institutions, and similar retail service establishments.
(3) Professional and business offices, including those of physicians, dentists, accountants, attorneys, engineers, architects, contractors, land surveyors, real estate brokers, insurance agents, and travel agents.
(4) Automotive service stations, service centers, and automotive convenience centers (including facilities for the provision of gasoline, oil, and other products for the servicing of automobiles) as an accessory use to the commercial shopping center provided:
a. No access for the service station or center shall be directly from any public street, but shall be from within the shopping center;
b. The location within the shopping center shall be such as to prevent interference with pedestrian traffic;
c. No openings for service bays shall face public streets or adjacent residential property;
d. The architectural definition shall be the same as the principal building within the commercial shopping center;
e. All major repair work, if any, shall be conducted within a completely enclosed building;
f. Open storage of wrecked or inoperable automobiles, discarded tires, auto parts or similar materials shall not be permitted;
g. Gasoline pumps and other appliances shall be at least 40 feet from any street centerline.
(5) Brewpubs, distilleries, micro-breweries, micro-distilleries, micro-wineries, nano-breweries, regional breweries, and wineries subject to special requirements contained in section 36-72(2).
(6) Telecommunications facilities and antennae (see section 36-72(4)).
(c) Special use permit. The following uses require special use permits subject to a finding by the board of adjustment that all applicable provisions of article IV of this chapter have been met:
(1) Garden centers other than in completely enclosed buildings.
(2) Primary event venue. In issuing a special use permit for a primary event venue, the board of adjustment may impose reasonable conditions, including a maximum number of events per year and a maximum number of attendees which shall be based on the availability of parking, safe ingress and egress, sanitary facilities, potential impacts to adjacent properties and similar site-specific conditions.
(d) Site requirements. All commercial shopping centers shall be located on a single tract of not less than ten acres abutting either an arterial street and/or a collector street as defined in chapter 28.
(e) Setback requirements.
(1) The building setback from the centerline of any arterial street or collector street shall be equal to the maximum height of the building, but no closer than 65 feet from the centerline of any arterial street, and no closer than 60 feet from the centerline of any collector street.
(2) The building setback from adjoining property lines to the buildings (i.e., those sides not abutting the street) shall be not less than 35 feet.
(f) Maximum height of structures. No portion of the principal building in the commercial shopping center shall exceed 35 feet, except that, for each linear foot of front building facade greater than 250 feet, the height may increase by one foot, up to a maximum total height of 45 feet. No portion of any other structure shall be greater than 35 feet.
(g) Ingress/egress. All commercial shopping centers in this district must provide access from an arterial street or collector street. Further, any commercial shopping center located at the intersection of an arterial street and a collector street may have ingress and egress from each of the arterial and collector streets it abuts, not to exceed one entrance per street, except that, one additional access may be permitted from either the arterial street or the collector street if used as a service entrance for the commercial shopping center. In any event, the maximum number of entrances shall not exceed three. And further, no lot in this district shall be accessed from a minor street as defined in chapter 28.
(h) Plan review. All applications for commercial shopping center (CSC) developments within the CSC district shall submit a detailed site and development plan in accordance with section 36-103 to the zoning administrator to initiate administrative review. The town manager shall set forth the staff review process for administrative review. Within 30 days of the submittal of all required site and development plans to the zoning administrator, the zoning and planning board shall make a recommendation to the town council for approval or denial of the proposed CSC development. Within 30 days of the recommendation by the zoning and planning board, the town council shall, at a public meeting, approve the proposed CSC development if a simple majority of the council finds the following to be true:
(1) The commercial shopping center will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted;
(2) The commercial shopping center meets the required conditions and specifications in the town's regulations;
(3) The commercial shopping center will not substantially injure the value of adjoining or abutting property;
(4) The location and character of the commercial shopping center, as developed according to the plans submitted, will be in harmony with the area in which it is to be located; and
(5) The commercial shopping center, if developed in accordance with the plans and specifications submitted, will serve an economic need of the community.
(Code 1989, § 92.031D; Ord. of 4-10-2012; Ord. of 10-14-2014; Ord. of 2-12-2019; Ord. No. 21-05-11, 5-11-2021)