A.
It is the purpose of this zone to provide a method
for the orderly grouping and spacing of commercial development on
properties which abut or front on and have access to heavily traveled
major highways with a planned or existing pavement of at least four
lanes or on properties which are recommended for such zoning on approved
and adopted Master Plans. This zone is intended to provide sites for
commercial activities that require large land areas and do not depend
only upon adjoining uses for reasons of comparison shopping and pedestrian
trade. At the same time, it also is intended that this zone establish
and preserve specialized commercial areas near highway interchanges
to serve regional or countywide consumer needs as well as the needs
of local City residents. Further, it is intended to provide suitable
sites for development of an integrated regional or countywide shopping
center or to promote commercial facilities to serve the needs of county
and City residents. Additionally, it is the intent that the frequency,
design and location of points of direct access to the highway be controlled
by restricting development and minimizing interference with traffic
movements.
B.
Commercial facilities contemplated by this zone are
also to be provided in relation to population growth and related residential
development and/or location of major thoroughfares; to prevent the
proliferation of strip or ribbon development along major thoroughfares;
and to encourage more efficient and more attractive development of
commercial facilities in a compact and convenient location without
adversely affecting the physical development patterns of residential
areas.
C.
The fact that an application complies with all specific
requirements and purposes set forth herein shall not be deemed to
create a presumption that the application is, in fact, compatible
with surrounding land uses and, in itself, shall not be sufficient
to require the granting of any application.
A.
No building, structure or land shall be used and no
building or structure shall hereafter be erected, structurally altered,
enlarged or maintained, except for one or more of the following uses:
(1)
Accessory uses and buildings customarily incidental
to any permitted use in this section.
(2)
Alcoholic beverage package stores.
(3)
Antique and arts and crafts shops.
(4)
Appliance stores.
(5)
Bakery shops.
(6)
Beauty parlors or barbershops.
(7)
Building materials sales and storage yards which
are enclosed.
(8)
Candy stores.
(9)
Clothing stores.
(10)
Computer and electronics sales and service shops.
(11)
Customer printing shops.
(12)
Dairy product stores.
(13)
Department stores with or without auto accessory
and service stores.
(14)
Dress or millinery shops.
(15)
Drugstores.
(16)
Dry-goods or variety shops.
(17)
Financial institutions.
(18)
Florist or garden shops.
(19)
Food and grocery stores.
(20)
Fruit or vegetable stores.
(21)
Furniture and upholstering stores.
(22)
Gift or jewelry shops.
(23)
Hardware stores.
(24)
Hotels and motels.
(25)
Laundromats.
(26)
Laundry or dry-cleaning establishments and pickup
stations.
(27)
Meat markets.
(28)
Offices, professional and business.
(29)
Pet shops.
(30)
Photographic studios.
(31)
Radio and television studios.
(32)
Radio and television repair shops.
(33)
Restaurants and lunchrooms.
(34)
Schools: business, dancing, music, trade or
others of a commercial nature.
(35)
Shoe sales and repair shops.
(36)
Single-family detached dwellings, single-family semidetached dwellings, single-family attached dwellings and multiple-family dwellings as provided in Subsection A(45).
(37)
Social clubs, fraternal organizations and community
meeting halls.
(38)
Specialty shops.
(39)
Sporting goods or hobby shops.
(40)
Stationery stores.
(41)
Tailor establishments.
(42)
Taverns and nightclubs.
(43)
Taxi stands.
(44)
Theaters and private assembly halls.
(45)
Residential uses.
(a)
Residential dwelling unit uses shall be approved
generally on the capabilities of the existing and/or planned utilities
and such other standards and requirements as enumerated in this chapter,
but in no case shall more than 20% of the site of the planned regional
shopping center be devoted to residential dwelling unit uses, and
in no event shall residential uses be permitted in the same building
or structure with a commercial use.
(b)
Calculation of the area permitted to be devoted
to residential dwelling unit use shall include all land within the
planned regional shopping center, except one-hundred-year floodplain
areas and slopes in excess of 25%.
(c)
The following minimum per unit requirements
shall apply:
|
Dwelling Type
|
Maximum Density Allowable
(units per acre)
|
Lot Width at Building Line
(feet)
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
|---|---|---|---|---|---|
|
Single-family detached
|
5
|
60
|
20
|
8
|
25
|
|
Single-family semidetached
|
7
|
35
|
20
|
8
|
25
|
|
Single-family attached
|
10
|
18
|
20
|
15
|
40
|
|
Multiple-family
|
18
|
70
|
20
|
15
|
40
|
(d)
Single-family attached and multiple-family dwellings
must have a common access or easement to the front and rear of the
lot from a public right-of-way.
(e)
There shall not be more than six single-family
attached dwellings in any one attached row. In any one row of single-family
attached dwellings there shall be no more than three continuous single-family
attached dwellings with the same building line, and the variations
in building line must be at least two feet.
(f)
A maximum of 12 multifamily dwellings shall
be contained in one building structure. Building structures containing
multiple-family dwellings may be attached to each other, but not more
than three such structures may be connected in a group.
(g)
Single-family detached dwellings, in all events,
shall be on lots with a minimum lot area of 6,000 square feet.
(h)
Single-family detached dwellings may be developed
with a zero lot line, wherein the dwelling is sited on one property
line of the lot with a totally private fifteen-foot side yard.
(i)
No principal dwelling unit structure shall exceed
three stories or 40 feet in height, and no accessory building thereto
shall exceed two stories or 20 feet in height.
(j)
Not more than 25% of the net area permitted
to be devoted to residential use may be covered by buildings, including
accessory buildings.
(k)
A corner lot for a dwelling unit shall have
a minimum width of 125 feet, measured at the building line along each
street front, and shall have two front yards.
(46)
Outdoor carnivals, for the substantial benefit of bona fide charitable,
fraternal or municipal partnerships, not more than three times per
calendar year, subject to the property owner’s compliance with
any regulatory permit or licensing requirements imposed by the City
for carnival operations.
[Added 4-11-2011 by Ord. No. 823]
(47)
Animal hospitals, veterinary clinics and accessory kennels without
exterior runways.
[Added 8-12-2013 by Ord. No. 845]
(48)
Telecommunications installations, subject to the facility limitations in § 139-28.2A(3)(a) through (f) and the screening requirements for modern appurtenances in § 164-131.3.
[Added 9-25-2017 by Ord.
No. 869]
[Amended 10-26-1998 by Ord. No. 631]
The following uses may be permitted as a special exception in accordance with the provisions of Article XXII:
A.
Adult entertainment activities.
B.
Art, trade, business or nursery schools.
C.
Auto accessory and service stores, if not part of
or incidental to a department store.
D.
Carpentering shops containing 500 square feet or less.
E.
Places of worship.
[Amended 5-13-2019 by Ord. No. 910]
F.
Drive-through eating establishments.
G.
Public buildings, structures and properties of the
recreational, cultural, institutional, educational, administrative
or public-service type, including fire, ambulance or rescue squad.
H.
Public utility buildings, structures or uses, including essential utility equipment, as enumerated in § 164-139.
I.
Retirement or nursing homes.
[Amended 5-13-2019 by Ord. No. 907]
The dominant form of development in the planned
regional shopping center shall be an enclosed commercial mall with
a minimum gross leasable area of 300,000 square feet, which includes
department stores. The mall shall be covered with a roof and have
an interior courtyard onto which all retail establishments in the
mall shall have their main point of egress and ingress. The mall structure
must be centrally located upon the site of the planned regional shopping
center. As used herein, "gross leasable area" is defined as the total
floor area designed for tenant occupancy and exclusive use, including
basements, mezzanines and the upper floors, if any, expressed in square
feet measured from the center lines of joint partitions and exteriors
of outside walls. This definition is limited to the mall and does
not include separate freestanding buildings or additional stores as
may be approved for the shopping center.
A.
Area requirements. Sites eligible for consideration
as a planned regional shopping center shall consist of a tract of
land containing not less than 70 acres in size and classified in the
B Business Zone prior to reclassification to the Planned Regional
Shopping Center Zone, unless such zoning is granted by virtue of a
sectional map amendment or by the annexation procedures.
[Amended 11-26-2001 by Ord. No. 674]
A.
Access to the planned regional shopping center from
an abutting major highway shall be by way of channelized service drives
providing for the separation of all vehicular movements, acceleration,
deceleration and left-turn lanes, except where existing adjoining
development makes it unfeasible.
B.
All internal vehicular circulation and internal roadways
on the site of the planned regional shopping center shall be in accordance
with the approved development plan.
C.
Internal pedestrian walkways shall be provided and
shall form a logical, safe and convenient system for pedestrian access
to all facilities on the site of the planned regional shopping center,
including the enclosed mall and including access between the center
and any residential component in the center. Construction standards
for pedestrian walkways shall be in accord with the approved development
plan.
D.
All internal roadways and all internal pedestrian
walkways shall be paved and maintained in good repair.
A.
Nonresidential parking. Off-street parking shall be provided in accordance with Article XVI of this chapter, with the following exceptions:
(1)
The parking ratio shall be four spaces per 1,000
feet of gross leasable area.
[Amended 11-26-2001 by Ord. No. 674]
(2)
Notwithstanding the provisions of § 164-113, an area equal to 10% of the area devoted to parking shall be landscaped islands. Said landscaped islands shall be planted with a minimum of one two-and-one-half-inch-caliper shade tree for each 350 square feet of such islands. Said requirement is in addition to those provided in § 164-107, Landscaping.
(3)
The Planning Commission may approve up to 40%
of the parking spaces as parking for compact cars.
A thirty-foot-wide minimum landscaped edge shall
be required along all external boundaries of the planned regional
shopping center and along the boundary between a residential component
and the rest of the shopping center. A landscape concept plan showing
all landscape elements, including earthen mounding, deciduous or evergreen
planting and/or screen walls or fences, appropriate to buffer or enhance
the shopping center, designed by a registered landscape architect,
shall be approved as part of the development plan for the planned
regional shopping center and implemented as part of the site plan
for the shopping center.
A.
All utility lines in the planned regional shopping
center shall be placed underground. The developer or subdivider shall
ensure final and proper completion and installation of utility lines
as provided by subdivision processing regulations.
B.
Street, road, service drive and pedestrian-walkway
light standards shall be provided by the developer or subdivider in
accordance with the approved site plan.
C.
Fire hydrants shall be provided by the developer or
subdivider in accordance with the approved site plan and, in all events,
shall be located along streets, roads or public ways readily accessible
for Fire Department use.
Signs shall be permitted subject to the provisions of Article XVII of this chapter.
A.
An application for final classification in the Planned Regional Shopping Center Zone shall be accompanied by a development plan prepared in accordance with the provisions of § 164-188 of this chapter.
B.
In addition to all other standards and criteria, in
considering an application for the Planned Regional Shopping Center
Zone, the Common Council shall also consider the capability of the
street or road system, highway and road access and the availability
and capability of existing water and sewage systems.
