[Amended 12-10-1987 by Ord. No. 36-87; 11-14-1996 by Ord. No. 17-96; 7-13-2017 by Ord. No. 18-17]
This D-S Designed Shopping Center District is designed for a single building or a group of attached buildings used as a single building in single ownership used exclusively for retail sales and services or professional offices. Also permitted in this zone are conditional uses as permitted and regulated in Article XXI and accessory uses customarily incident to the principal uses permitted; provided, however, that amusement devices are only permitted as an accessory use to those uses as permitted and regulated in § 166-181A. The permitted uses within a designed shopping center shall be as follows:
A. 
Supermarkets.
B. 
Food, beverage and liquor stores.
C. 
Health and personal care stores, including but not limited to pharmacies and drug stores.
D. 
Convenience goods stores.
E. 
Eating and drinking establishments, such as but not limited to restaurants and bars. Drive-in restaurants shall only be permitted as part of a designed shopping center as defined by this chapter and as regulated by this article.
[Amended 10-11-2018 by Ord. No. 28-2018]
F. 
Home improvement stores.
G. 
Paint and wallpaper stores.
H. 
Hardware stores.
I. 
Garden centers.
J. 
Furniture and home furnishings stores.
K. 
Electronics and appliance stores.
L. 
Miscellaneous store retailers, including florists, office supplies and stationery stores, gift, novelty, and souvenir stores, used merchandise stores, pet and pet supplies stores, art dealers, tobacco stores, and other miscellaneous store retailers, but excluding manufactured (mobile) home dealers and merchandise auction houses.
M. 
Clothing and clothing accessories stores.
N. 
Sporting goods, hobby, and musical instrument stores.
O. 
Automotive parts and accessories stores.
P. 
General merchandise stores, including book stores, news dealers and newsstands, department stores, warehouse clubs and supercenters, and other general merchandise stores.
Q. 
Banks.
R. 
Rental and leasing services limited to rental of formal wear, costumes, and video tapes and discs.
S. 
Personal services limited to laundry, cleaning and garment services, provided that commercial laundries and dry cleaning shall not be permitted on the premises; portrait photographic studios; photofinishing services; beauty salons, nail salons and barber shops; shoe repair and shoe shine establishments, and diet and weight reducing centers.
T. 
Child-care centers.
U. 
Indoor physical fitness facilities.
V. 
Retail travel agencies and tour operators.
W. 
Professional offices.
[Amended 4-14-1989 by Ord. No. 3-88; 11-14-1996 by Ord. No. 17-96]
The following uses are prohibited:
A. 
Any use other than those listed in § 166-187 is prohibited.
B. 
Any type of residential construction or conversion, except for independent/assisted living facilities constructed as part of a community center as permitted and regulated by § 166-150I.
C. 
Any type of industrial operation or use.
D. 
More than one principal building on a lot unless attached as regulated herein, except that permitted drive-in uses may be located in a separate principal building or buildings from the main shopping center building, and more than one principal building utilized as a community center as permitted and regulated by § 166-150I is permitted on a lot, and further provided that this prohibition shall not apply to kiosks or pump canopies for gasoline stations permitted by § 166-150A. For the purpose of administering the above prohibition, two or more buildings that are connected to one another shall not be construed as being attached and an integral part of a single building unless they share a common partition wall for a distance that is at least equal to 1/3 the depth of the building having the shallower depth; provided, however, that no such distance shall be less than 30 feet. The depth of a building shall be measured as the mean distance from the front wall to the rear wall of said building.
[Amended 10-13-2016 by Ord. No. 28-16; 10-11-2018 by Ord. No. 28-2018]
E. 
Warehouse/logistics uses as defined in § 166-4, unless accessory to a permitted principal use.
[Added 5-9-2024 by Ord. No. 10-2024]
[Amended 12-10-1987 by Ord. No. 36-87; 11-20-1989 by Ord. No. 37-89; 10-11-2018 by Ord. No. 28-2018; 12-12-2024 by Ord. No. 31-2024]
The following requirements must be complied with in the D-S Zone:
A. 
No building shall exceed a maximum of 28 feet in height, exclusive of roof tanks and supports, chimneys or head houses or similar enclosures for elevators or air-conditioning machinery or other apparatus. The foregoing roof structures shall not exceed five feet in height, nor shall their total area exceed 5% of the roof area to which they are attached. This shall not be construed to permit a dish antenna to exceed the twenty-eight-foot height limit as regulated in § 166-138.1B(2).
B. 
There shall be a front yard of not less than 100 feet. Off-street parking is permitted in the front yard, provided that said parking or access service aisles or driveways shall not be permitted within 25 feet of:
(1) 
The front property line.
(2) 
The front of any building; provided, however, that permitted drive-in uses shall be exempt from this restriction.
(3) 
The side property line in the front yard.
C. 
There shall be two side yards, and neither side yard shall be less than 60 feet. Off-street parking is permitted in the side yards, provided that said parking or access service aisles or drives shall not be permitted within 25 feet of any side property line or within 10 feet of any building.
D. 
There shall be a rear yard of 60 feet. Off-street parking is permitted in the rear yard, provided that said parking or access service aisles or drives shall not be permitted within 25 feet of any rear property line or within 10 feet of any building. Where a railroad right-of-way abuts the rear yard, parking or access service aisles or drives shall be permitted within 15 feet of the rear property line.
E. 
The thirty-foot paved vehicular traffic area or drives nearest a designed shopping center building are designated as fire zones, and no parking shall be permitted therein; provided, however, that permitted drive-in uses shall be exempt from this restriction.
F. 
Every parking area within the D-S Zone shall comply with the following standards:
(1) 
Within each parking area there shall be a landscaped curbed island at least 10 feet in width separating every parking bay. These islands shall be landscaped with grass lawns, shade and specimen trees as required by the Planning Board. A battery of parking shall be one service aisle with parking on either side of said aisle.
(2) 
(Reserved)
(3) 
All of those portions of all front, rear and side yards that are not used for off-street parking shall be attractively planted and maintained with trees, shrubs, plants and grass lawns as required by the Planning Board.
(4) 
The area between any walkway and any building that said walkway is servicing shall be not less than 10 feet in depth. Said area shall be planted in lawn, low shrubs and specimen trees as required by the Planning Board so as not to adversely affect vehicular or pedestrian visibility.
G. 
Prior to the issuance of a building permit or certificate of occupancy, the Planning Board shall review and approve a site plan as required in Part 4.
H. 
The Planning Board shall ascertain that the location, design or construction of any building or use, including the space for the loading and unloading of goods and materials is not likely to increase the risk of vehicular traffic congestion, pedestrian safety or general public safety. The Planning Board may require the applicant to submit a traffic engineering study, prepared by a licensed professional traffic engineer, which will indicate the impact that said site plan approval will have on surrounding roads. This study shall include the following elements:
(1) 
Estimated peak hourly traffic to be generated by the proposal.
(2) 
Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads.
(3) 
All traffic control devices and proposed improvements, both on- and off-site, needed to handle the estimated peak hourly traffic.
I. 
Every building shall be faced on all exterior walls with a veneer material as approved by the Planning Board.
J. 
Every lot shall contain a minimum lot area of 10 acres.
K. 
Every designed shopping center shall contain a floor area of not less than 75,000 square feet.
L. 
No store or shop in the center shall use any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building in the center; provided, however, that permitted drive-through establishments shall be permitted, as part of any site plan approval, to use such microphones and speakers that are minimally necessary for the functioning of the drive-through operation. In any case where noisemaking devices are proposed, the same shall be permitted only if the developer demonstrates, as part of any site plan application, that such activity will not interfere with the reasonable use of other businesses or other establishments within the development or on adjacent or nearby properties. No smoke, fumes or objectionable odors shall be emitted from any building. The display of merchandise placed on the exterior premises of any building is prohibited.
M. 
The total floor area within all structures on any lot in the DS Zone shall not be more than 25% of the total lot area.