§ 58-57.1. B-2(CD) shopping center conditional district.

The B-2(CD) shopping center conditional district is established to provide an orderly arrangement of convenience and comparison shopping outlets, along with adequate off-street parking and other amenities in accordance with the intent described in subsection 58-5(3)c. Development in a B-2(CD) shopping center conditional district may only occur in accordance with the requirements for conditional zoning as outlined in section 58-271. Development occurring within the downtown overlay district must also meet the requirements outlined in section 58-272. Rezoning to a B-2(CD) shopping center conditional district shall only be applicable to areas designated for future business in the town's land use plan. Any development or redevelopment occurring after August 1, 2010 shall comply with MX development standards.

(1)

Permitted uses.

a.

1.

Essential services, classes I, II, III and IV.

2.

Small cell telecommunication facility.

b.

Retail trade and services.

1.

All uses permitted in the B-1(CD) district.

2.

Appliance and appliance repair stores.

3.

Automobile parts supply stores.

4.

Bakeries, retail.

5.

Bicycle stores.

6.

Catalog stores.

7.

Clothing stores.

8.

Delicatessen.

9.

Floor covering, wallpaper, paint and window covering stores.

10.

Furniture stores.

11.

Music stores.

12.

Notion and fabric shops.

13.

Pet shop.

14.

Photographic studios and camera supply stores.

15.

Restaurants, excluding drive-in and fast-food.

16.

Supermarkets.

17.

Toy and hobby shops.

18.

Small animal veterinary outpatient clinics.

19.

Pet Grooming (not to include overnight boarding).

c.

Other conditional uses.

1.

Shopping centers having two or more individual uses. Uses in shopping centers shall be limited to those commercial, retail or office uses which are permitted and/or conditional in the B-1(CD) or B-2(CD) districts.

2.

Service stations and convenience stores, provided that all bulk fuels are stored underground. Petroleum pumps and canopies must be located a minimum of 80 feet behind any street right-of-way line.

3.

Telecommunication towers.

(2)

Development standards.

a.

Approval of shopping center plan. A shopping center shall consist of any commercial development of two or more acres qualifying under the provisions of this subsection. The town council shall require the petitioners for this classification to present the following items for consideration by the planning board and the town council:

1.

Proof of need. A valid market analysis indicating the economic feasibility of the proposed development by outlining the following:

i.

The trade area of the proposed shopping center.

ii.

Estimation of the trade area population, present and future.

iii.

Estimation of the effective buying power of the trade area, both existing and proposed.

iv.

Estimation of the net potential customer buying power for stores in the proposed development.

v.

An estimate of the amount of retail sales floor space in square feet currently lacking in the trade area.

2.

Development plan required. Where a planned shopping center is proposed for a location, the procedure shall require the submission of a development plan as described in subsection (2)a.3. of this section, as well as the regular amendment procedure set forth in article IX of this chapter if a rezoning is otherwise required.

3.

Contents of development plan. The owner or developer shall submit a development plan, at a scale of not less than one inch to 100 feet, to the planning board. Such development plan shall show:

i.

Dimensions of the property and adjacent lots and streets.

ii.

Location and proposed use of all buildings with dimensions and ground area thereof.

iii.

The parking spaces, channelization and ratios shown.

iv.

Service areas, off-street loading facilities, service drives and dimensions thereon.

v.

All pedestrian ways.

vi.

Title, giving the names of the developers, the date, scale of the plan and the person or firm preparing the plan.

vii.

Landscaping and proper buffers between other uses.

4.

Statement of readiness. The petitioner shall submit a statement indicating readiness to proceed with the proposed development by filing with the town council a statement signed by the owner or owners of the proposed development that the actual construction shall begin within one year from the date the conditional use is granted, and that it will be prosecuted to completion within 18 months from the granting of the conditional use permit. In the event the planning board and the town council find that the intent of this section has not been met or that construction has not begun within 18 months, proceedings may be instituted for rezoning the area in accordance with article IX of this chapter. It is not the intent of this section to prohibit a reasonable extension of the 18-month limit by the town council.

b.

Yard requirements. Within any B-2(CD) district, the following dimensional requirements shall be complied with:

1.

Minimum lot area: None.

2.

Minimum lot width: None.

3.

Minimum front yard setback:

i.

Essential services, class IV: Ten feet.

ii.

All other uses: 80 feet from the existing right-of-way.

4.

Minimum side yard setback:

i.

Essential services, class IV: Ten feet.

ii.

All other uses: None, provided that 40 feet shall be required on a corner lot or when the side yard abuts any residential district.

5.

Minimum rear yard setback:

i.

Essential services, class IV: Ten feet.

ii.

All other uses: None, provided that 20 feet shall be required when the rear yard abuts any residential district.

6.

Maximum building height:

i.

Essential services, class IV: Ten feet.

ii.

All other uses: 35 feet, except as permitted in section 58-15.

7.

Screening: Screening and landscaping shall be provided in accordance with section 58-8.

8.

Off-street parking and loading: Off-street parking and loading shall be provided for in accordance with article VI of this chapter.

9.

Stormwater management: The postdevelopment rate of stormwater runoff from any lot shall not exceed the predevelopment rate of runoff for a 10-year storm. The applicant shall provide, at a minimum, the following information to the zoning administrator as part of his application to obtain a zoning permit:

i.

An engineering report made and certified as true and correct by a registered engineer licensed to do business in the state. Such report shall include the following:

A.

The routing of stormwater for the predevelopment and postdevelopment conditions of the proposed building lot.

B.

Calculations showing the peak estimated rates of runoff using a ten-year return period for predevelopment and postdevelopment conditions, for the lot, including each stream leaving the proposed building lot.

C.

Calculations, plans and specifications for stormwater retention/detention facilities or other means to effect peak rate attenuation.

D.

A statement indicating the rate of postdevelopment stormwater runoff for the proposed building lot will not be greater than the predevelopment rate for a 10-year storm.

ii.

A statement from the owner acknowledging responsibility for the operation and maintenance of required retention/detention facilities, and to disclose such obligation to future owners.

(Ord. No. O-2010-09, 6-14-2010; Ord. No. O-2011-04, 4-11-2011; Ord. O-2015-12, 6-8-2015; Ord. No. O-2017-10, 6-12-2017)