§ 4.4.12. Planned Commercial (PC) District.

(A)

Purpose and intent. The Planned Commercial (PC) District provides for retail, office, and other commercial activities to be established on large sites in a well-planned, functional, and aesthetically pleasing manner. Residential uses may also be permitted as part of a mixed-use development within the Four Corners Overlay District, provided at least 20 percent of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is 30 units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.13(I)(2). Institutional uses may also be permitted as part of the Medical Arts Overlay District. The PC District shall be applied to properties designated as commercial on the Future Land Use Map where the unified development is, or will be, in excess of five acres; or when it is appropriate to preserve the character of certain specialty retail and office centers; or to ensure that certain high visibility areas are attractively developed. [Amd. Ord. 09-11 4/5/11]; [Amd. Ord. 8-07 3/20/07]

(B)

Principal uses and structures permitted. The following types of use are allowed within the PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(a): [Amd. Ord. 8-07 3/20/07]

(1)

All uses allowed as such within the GC District [Section 4.4.9(B)(1) through (5), (7) and (8)]. [Amd. Ord. 02-10 1/19/10] (Ord. No. 33-16, § 3, 11-15-16) (Ord. No. 07-17, § 9, 5-16-17)

(2)

Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work.

(C)

Accessory uses and structures permitted. The following uses are allowed when a part of, or accessory to, the principal use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(b): [Amd. Ord. 8-07 3/20/07]

(1)

Parking lots.

(2)

Refuse and service areas.

(3)

Provision of services and repair of items incidental to the principal use.

(4)

Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site.

(5)

Automotive rental facility, accessory, subject to the requirements of Section 4.3.3(C). (Ord. No. 24-17 , § 4, 11-7-17)

(D)

Conditional uses and structures allowed. The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area #6) Overlay District and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c): [Amd. Ord. 38-09 8/18/09]; [Amd. Ord. 8-07 3/20/07]; [Amd. Ord. 22-00 9/19/00]

(1)

All uses allowed as such within the GC District [Section 4.4.9(D)].

(2)

Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances).

(3)

Private schools and other similar educational facilities, subject to Section 4.3.3(HHH). [Amd. Ord. 18-02 6/18/02]

(4)

Adult Gaming Centers. [Amd. Ord. 58-04 10/19/04]

(5)

Live/Work Unit, subject to 4.3.3(KKK). [Amd. Ord. 23-10 10/5/10]

(6)

Automotive Rental Facility, Neighborhood subject to the requirements of Section 4.3.3(C), provided that the use shall not fundamentally alter the retail nature of the shopping center. This use is allowed as a conditional use within the Four Corners Overlay District. (Ord. No. 24-17 , § 4, 11-7-17)

(E)

Review and approval process.

(1)

In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy.

(2)

For any new development, approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I).

(3)

Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).

(4)

A Master Development Plan may be processed for large scale or phased projects.

(5)

All development within the Four Corners Overlay District shall comply with the provisions of Section 4.4.9(E)(4). [Amd. Ord. 8-07 3/20/07]

(F)

Development standards. In addition to the development standards set forth in Section 4.3.4, the following shall apply, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(F)(3): [Amd. Ord. 8-07 3/20/07]

(1)

Special landscape area. Within the first ten feet of the front yard setback area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall be accommodated only when generally perpendicular to the property line.

(2)

Any free-standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it were to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18.

(G)

Supplemental district regulations. In addition to the supplemental district regulations set forth in Article 4.6, the following shall apply. [Amd. Ord. 22-00 9/19/00]

(1)

Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area #6) shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Future Development." [Amd. Ord. 22-00 9/19/00]

(2)

Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north, multiple family residential development and assisted living facilities with densities of up to 16 units per acre are allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. [Amd. Ord. 47-11 1/3/12]; [Amd. Ord. 22-00 9/19/00]

(3)

Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. [Amd. Ord. 22-00 9/19/00]

(4)

All development within the Four Corners Overlay District shall also comply with the provisions of Section 4.4.9(G)(3)(d) and (e). [Amd. Ord. 8-07 3/20/07]

(5)

Within the Silver Terrace Courtyards Overlay District, as defined by Section 4.5.17, multi-family residential, assisted living facilities and mixed-use development with residential densities up to 22 units per acre are allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (I), Performance Standards, provided at least 20 percent of the units are workforce units which comply with the provisions of Article 4.7, "Family/Workforce Housing". The maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75. [Amd. Ord. 47-11 1/3/12]; [Amd. Ord. 38-09 8/18/09]

(6)

Within the Medical Arts Overlay District, as defined in Section 4.5.18, in addition to the uses listed in 4.4.12(B), the following are allowed as permitted uses: [Amd. Ord. 09-11 4/5/11]

(a)

Institutional uses, such as: Non-residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential care. [Amd. Ord. 09-11 4/5/11]

(H)

Special regulations.

(1)

Where it is appropriate to limit the type, character, or intensity of use within a PC development, this may be accomplished by affixing the added designation of "S" (Small Scale) to the PC designation (i.e. PC-S). In such designated development, the maximum floor area which can be allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g. although retail sales may exceed 60,000 square feet, the retail sale of home furnishings shall not exceed 60,000 square feet). [Amd. Ord. 3-91 1/29/91]

(2)

Twenty-four-hour or late-night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV). [Amd. Ord. 41-01 8/7/01]

(3)

No Clubs and Lodges (social, fraternal and recreational) or Church or Places of Worship shall be located closer than 750 feet from another such facility measured from lot line to lot line boundary along a straight airline route. [Amd. Ord. 70-04 1/4/05]