Within the BC-1 Zones, as shown on the zoning map of the town, the following regulations shall apply.
(A) Permitted uses.
(1) Any use permitted in O and I-1 Zones, excepting residential zone uses;
(2) Banks and financial institutions;
(3) Barbershops or beauty shops;
(4) Dry cleaning establishments;
(5) Laundry pickup stations, launderettes, and laundromats;
(6) Florist shops;
(7) Drugstores;
(8) Grocery stores, delicatessens, and confectioneries;
(9) Bakeshops and dairy bars for retail sales on the premises only;
(10) Dry-goods stores, shoe stores, and apparel shops;
(11) Furniture and household appliance stores;
(12) Hardware stores;
(13) Photographer studios, camera shops, and music shops;
(14) Shoe repair shops;
(15) Tailor shops;
(16) Radio and television repair shops;
(17) Jewelry stores;
(18) Alcoholic beverage package stores;
(19) Auto service stations selling tires, tubes, gasoline, oil and other lubricants, motor and tire accessories, and similar products; permitting the storage of tires, tubes, accessories, and similar products; and permitting minor repair work limited to the following:
(a) Servicing of spark plugs, batteries, and distributors and distributor parts;
(b) Tire servicing and repair, but not recapping or regrooving;
(c) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat belts, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
(d) Radiator cleaning and flushing;
(e) Providing and repairing fuel pumps, oil pumps, and lines;
(f) Minor servicing and repair of carburetors;
(g) Emergency wiring repairs;
(h) Adjusting and repairing brakes;
(i) Minor motor adjustments not involving removal of the head or crankcase or racing the motor; and
(j) Providing further that:
1. All of the aforesaid minor repair work, but excluding the normal servicing of automobiles, must take place within an enclosed structure on the premises;
2. Auto service stations shall be designed as an integral part of the shopping center; and
3. The Board may refuse to permit an auto service station to be erected in the proposed shopping center on the grounds that it fails to provide unity of development with other business uses in the same zone or that it fails to adequately protect residential uses in adjacent zones from the adverse effects of a business operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the proposal fails to conform with the requirements of this chapter; but not on the grounds that architectural designs or building materials are esthetically unsatisfactory.
(20) Automobile parking lots;
(21) Bookstores and newsstands;
(22) Pet shops;
(23) Toy stores;
(24) Sporting goods stores;
(25) Antique shops;
(26) Restaurants (excluding those providing curb service);
(27) Variety stores;
(28) Movie theatres;
(29) Department stores; and
(30) Any use which may be construed to be a promotional activity sponsored by or for either of the following:
(a) Trade or professional associations;
(b) Civic, religious, charitable, or eleemosynary groups:
1. Provided that no gaming, gambling, or similar (related) activities are permitted to be conducted as part of or accessory to the temporary use;
2. Provided that no temporary permitted use shall be permitted for a period of time exceeding ten consecutive days;
3. Provided that no temporary use shall begin until 9:00 a.m. and shall not extend beyond 12:00 midnight;
4. Provided that no permit for a temporary permitted use shall be granted by the Inspections Superintendent until permission therefor has first been granted by the Board; and
5. Provided further that no temporary permitted use shall be located within 400 feet of a residential use.
(B) Required screening area, 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 the rear or side lines, either or both. The screen shall be planted at an initial height of at least three feet and shall be of a 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. The buffer strip shall be maintained in neat order and condition by the property owner and/or occupant of the premises. The plant material shall be periodically trimmed or pruned at a height of not less than six feet and diseased or dead plant material shall be removed and replaced.
(2) Not more than 30% of the zoned area shall be covered by buildings.
(3) No building shall be closer than 40 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 a minimum distance of 400 feet and shall have a minimum average depth of 550 feet.
(C) Required lot area, lot widths, and yards. 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 § 154.048.
(G) Data to be submitted with petition. The applicant for this classification shall present to the Planning and Zoning Commission 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; and
(e) An estimate of the amount of retail sales 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 Inspections Superintendent 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 Planning and Zoning Commission and the Board find that the intent of this division (G)(2) has not been met or construction has not commenced within the 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; and
(3) The preliminary site plan and the preliminary construction plan of the proposed development.
(H) Preliminary plans.
(1) The preliminary site plan shall be prepared on a 30-inch by 42-inch 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 structures;
(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, walls, 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 plan; and
(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.
(3) Recommendations and suggestions concerning the preliminary plans for the proposed shopping center by the Planning and Zoning Commission shall be upon the findings that the plans for the development are so 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 maintain the purposes of this chapter and the functions 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 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 Planning and Zoning Commission to review the shopping center in order that it may recommend and approve the plans prior to presentation of the written recommendation and report to the Board. 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 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 33.3333% 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; and
(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 one-eighth inch to one foot.
(2) The final site plan shall be prepared on a 30-inch by 42-inch 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 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; and
(j) Name and address of the development, names and addresses of the developer or developers, date, scale of plan, 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 Public Works Director for his or her 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 Planning and Zoning Commission for its approval. After the approval is granted, the Inspections Superintendent 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 33.3333% of the total proposed area contained in the shopping center, whichever is greater, must be commenced initially; thereafter, the developer may construct one 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 Inspections Superintendent and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and their use complies with this chapter;
(c) The Inspections 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; and
(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.
(Prior Code, § 9-4031) (Ord. passed 4-27-1970; Ord. passed - -)