§ 36-618. Special requirements.

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply:

(1)

Established average front street setback for PCD-1 and PCD-2 subdistricts. When more than 25 percent of the frontage on one side of the street between intersections is occupied by buildings having front street setbacks of greater or lesser distances than hereafter required, then the average setback of the existing buildings shall be maintained by all new or relocated buildings on the same side of that street and between the intersections. If a building is to be built or relocated where there is an established average setback, and there are existing buildings on only one side of the building or relocated building, the front street setback of the new or relocated building need be no greater than that of the nearest adjoining principal building. If a building is to be built or relocated where there is an established average setback and there are existing buildings on both sides of the new or relocated building, the front street setback need be no greater than that which would be established by connecting a line between the most forward portion of the adjacent principal building on each side.

(2)

Interior side yard and rear yard setbacks. Interior side yard and rear yard setbacks, including parking setbacks and loading facility setbacks, apply only when the side or rear lot line is a Planned Commercial District boundary.

(3)

Setbacks for PCD-3 subdistrict. The minimum building setback required by section 36-617(b) shall be increased as follows:

a.

In the area bounded by France Avenue on the west, York Avenue on the east and W. 70th Street on the south, the minimum building setback shall be increased by one-third-foot for each foot that the building exceeds 50 feet in building height. For purposes hereof, only those portions of buildings which exceeds 50 feet in building height need provide the additional setbacks required by this subsection.

b.

In all other areas, the minimum building setback shall be equal to the building height for buildings taller than 50 feet.

Notwithstanding the requirement of this subsection, the city encourages ground level retail and service uses that create an active pedestrian and streetscape environment; and pedestrian connections by way of skyways and tunnels. The city council will consider exceptions to setback requirements for these purposes.

(4)

Travel demand management. Final development plans for any office use in the PCD-3 subdistrict which requires the issuance of a conditional use permit shall include a travel demand management (TDM) plan prepared by an independent TDM professional. The plan must document TDM measures and performance measures to be implemented. Approval of the TDM plan by the city shall be a condition of the issuance of the conditional use permit.

(5)

On-site sanitary sewage retention system. This subsection applies to properties served by Metropolitan Sewer Interceptor No. 1-RF-491. Final development plans for any new buildings or uses in the PCD-3 subdistrict that require the issuance of a conditional use permit shall include plans for storage tanks and other facilities designed to retain on-site sanitary sewer discharges during peak flow conditions that would otherwise enter the city's sanitary sewer system. Such plans must be prepared by a licensed professional engineer acceptable to the city. The plans must provide for facilities designed to prevent discharges to the sanitary sewer system during peak flow conditions, in amounts and volumes that exceed discharges that existed prior to construction of the buildings and uses proposed by the final development plans. Approval of the sanitary sewer retention system shall be a condition of the conditional use permit. In lieu of constructing a storage tank, a cash fee equal to the cost of constructing the storage tank may be paid to the city. The fee shall be placed in a dedicated fund to pay for the cost of reducing inflow and infiltration into the sanitary sewer system. A credit against the fee shall be given for any expenditures made to reduced inflow and infiltration on site. Subsection (6) of this section is repealed effective the day that the capacity of Metropolitan Sewer Interceptor No. 1-RF-491 is improved to increase its capacity by at least +/- 69 percent.

(6)

Proximity to R-1 district. The following minimum distance shall exist between buildings in the Planned Commercial District and the nearest lot line of an R-1 district lot used for residential purposes:

Building Height	Distance to R-1 District
5—6 stories	Twice the building height of the building in the Planned Commercial District
7—8 stories	Four times the building height of the building in the Planned Commercial District
9 or more stories	Six times the building height of the building in the Planned Commercial District

 

(7)

Storage. All materials, supplies, merchandise and other similar materials not on display for direct sale, rental or lease to the ultimate consumer shall be stored within a completely enclosed building or within the confines of a completely opaque wall or fence capable of completely screening all the materials from adjoining properties. The wall or fence under no circumstances shall be less than five feet in height.

(8)

Displays. Merchandise which is offered for sale may be displayed outside of buildings in the PCD-1, PCD-2 and PCD-3 subdistricts, provided the area occupied by the display shall not exceed ten percent of the gross floor area of the building, or portion thereof, housing the principal use. No displays shall be permitted within that half of the required front street or side street setback nearest the street, nor within any required side yard or rear yard setback. Agencies selling automobiles or boats, as permitted by this section, may display automobiles or boats outside of a building, if the area used for the displays shall comply with all the standards for a parking lot, including construction, setbacks, landscaping and screening, as contained in this chapter.

(9)

Minimum building size. The minimum size for any building housing one or more principal uses in the PCD-1, PCD-2 or PCD-3 subdistricts shall be 1,000 square feet of gross floor area within the first story.

(10)

Outdoor sales, tent sales and trailer sales prohibited. Except for the dispensing of motor fuels and the use of drive-through facilities permitted by this chapter, all sales of products and merchandise, and dispensing of services, shall be conducted from within the confines of a permanent building totally enclosed by four walls and a roof. The sale of products and merchandise, and the dispensing of services, from a motor vehicle, trailer, tent or other temporary structure or shelter, or outside of a permanent building as described in this subsection, is prohibited.

(11)

Building design and construction. In addition to the other restrictions of this section and article III of chapter 10, the use, construction, alteration or enlargement of any building or structure within the Planned Commercial District shall meet the following standards:

a.

All exterior wall finishes on any building shall be one or a combination of the following:

1.

Face brick;

2.

Natural stone;

3.

Specially designed precast concrete units, if the surfaces have been integrally treated with an applied decorative material or texture;

4.

Factory fabricated and finished metal framed panel construction, if the panel materials are any of those noted in subsections (11)a.1 through 3 of this section; or

5.

Glass or prefinished metal (other than unpainted galvanized iron).

b.

All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building shall be constructed of the same materials as the original building and shall be designed in a manner conforming to the original architectural design and general appearance.

(12)

Performance standards. All business operations shall conform to the performance standards established by this section for the Planned Industrial Districts, provided that the performance standards shall be applied, and must be complied with, at the boundaries of the lot on which the business operations take place.

(13)

Maximum business establishment size in PCD-1 subdistricts. No use in the PCD-1 subdistrict shall exceed 12,000 square feet of gross floor area or the lesser gross floor area as is imposed on the use by section 36-608.

(14)

Drive-in uses. Except for the dispensing of motor fuels, drive-in uses shall not be permitted. Nothing herein contained, however, prohibits accessory drive-through facilities where permitted by this division.

(15)

Automobile service centers and gas station standards.

a.

Minimum lot area:

1.

For an automobile service center, 20,000 square feet, plus 5,000 square feet for each service bay in excess of three.

2.

For a gas station, 15,000 square feet.

b.

Maximum lot area: 60,000 square feet.

c.

Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic equipment shall be used and stored within a building.

d.

Interior curbs of not less than six inches in height shall be constructed to separate driving surfaces from sidewalks, landscaped areas and streets.

e.

No automobile service station on a lot adjoining a lot in a residential district shall be operated between the hours of 11:00 p.m. and 6:00 a.m.

f.

All driving surfaces shall be constructed and maintained in the same manner as prescribed for parking lots by this chapter.

g.

No merchandise shall be displayed for sale outside a building, except in that area within four feet of the building or within pump islands used for dispensing motor fuels.

h.

No motor vehicles, except those owned by the operators and employees of the principal use, and vehicles awaiting service, shall be parked on the lot occupied by the principal use. Vehicles being serviced may be parked for a maximum of 48 hours.

i.

Body work and painting is prohibited.

j.

No buildings, driveway surfaces, parking areas or other improvements shall be located within 110 feet of any portion of a lot in a residential district which is used for residential purposes if separated from the lot by a street, or within 50 feet, if not so separated by a street.

k.

Pump islands shall maintain a front and side street setback of at least 20 feet and an interior side yard and rear yard setback of at least 25 feet.

l.

Notwithstanding the requirements of article XII, division 3 of this chapter, driveways and drive aisles need only provide a setback of not more than five feet from all lot lines, subject to the requirements of subsection (15)j of this section.

(16)

Carwash standards.

a.

A carwash shall be subject to the same standards as specified in subsection (15) of this section for automobile service centers.

b.

All wastewater disposal facilities, including sludge, grit removal and disposal equipment, must be approved by the city engineer prior to installation.

c.

Not more than one point of ingress and one point of egress shall be allowed from any one public street to the carwash.

(17)

Standards for sexually oriented businesses.

a.

No sexually oriented business shall be located closer than 500 feet from any other sexually oriented business or licensed day care facility. Measurements shall be made in a straight line, without regard to intervening structures or objections, from the nearest point of the actual premises of the sexually oriented business or licensed day care facility.

b.

No sexually oriented business shall be located closer than 500 feet from any property in the R-1, R-2, PRD, PSR or MDD district, or any residentially zoned property in the city adjoining the city. Measurements shall be made in a straight line, without regard to intervening structures objects, from the nearest point of the actual business premises of the sexually oriented business to the nearest boundary of the R-1, R-2, PRD, PSR or MDD district.

(18)

Standards for residential dwelling units.

a.

No part of any dwelling unit shall be located in a basement or on the first story of a building in the PCD-1 or PCD-2 subdistrict.

b.

In the PCD-1 and PCD-2 subdistricts, the floor area of that portion of a building used for multiresidential purposes shall not be included for the purpose of calculating the maximum floor area ratio allowed by section 36-617(a).

c.

In the PCD-3 subdistrict, the floor area of buildings, or portions thereof, used for multiresidential purposes shall be included for the purpose of calculating the maximum floor area ratio allowed by section 36-617(a).

d.

In the PCD-3 subdistrict, the maximum floor area ratio allowed by section 36-617(a) may be increased by 0.25, by including the floor areas of dwelling units classified as affordable housing units pursuant to an agreement with the housing and redevelopment authority of the city.

(Code 1970; Code 1992, § 850.16(12))