[Ord. 559, 6/20/1959, Sections 901 and 905; amended by Ord.
578, 6/10/1960, Article IX; Ord. 752, 9/16/1969, Section 3; Ord. 929,
2/6/1978, Section 1; Ord. 962, 9/11/1979, Section 1(A); Ord. 1020,
2/6/1982, Section 1; Ord. 1056, 8/3/1983, Section 4; Ord. 1198, 2/8/1988,
Section 13]
The following special regulations shall apply to the CP-1 district.
No building may be erected or used and no lot may be used or occupied
in the CP-1 district except for the following purposes and providing
that building location and site plan has been approved in accordance
with regulations herein set forth:
The regulations for planned districts are intended to pro-vide
a means for the establishment of designated commercial and industrial
use which will be so located and planned that such use, when deemed
appropriate to the area, shall be developed with special provisions
to minimize traffic hazards, provide adequate off-street parking and
to protect neighboring residential areas. Planned districts shall
be defined as CP-1, CP-2, MP and P-O districts.
a. Any use permitted in R-3 districts.
b. Professional Office or Studio.
c. Delicatessen store, dairy lunch or similar establishment for serving
lunches and non-intoxicating beverages, but not including restaurants
or cafes. Drive-in eating establishments, where patrons are served
food through outdoor windows or counters or where food would be served
outdoors, shall not be permitted.
d. Personal service shops, such as beauty parlor, shoe shine and barber
shop.
e. Custom dressmaking, millinery and tailoring.
f. Shops or stores for the sale of books, non-intoxicating beverages,
tobacco, confections, drugs, flowers, notions and sundry small household
articles.
g. Accessory land use and buildings customarily incident to any of the
above uses.
h. Off-street parking and unloading spaces.
i. Signs and name plates, when affixed flush with the front of the building
and not extending above it.
j. The foregoing uses do not include and, therefore, exclude the sale of gasoline or motor fuels, the operation of an automotive service station and adult business uses, regardless of the provisions of Subsection
g of this section.
k. The CP-1 district, to be known as "Neighborhood Store District,"
is intended to provide for limited commercial uses in residential
neighborhoods.
[Ord. 559, 6/20/1959, Section 904; amended by Ord. 578, 6/10/1960,
Articles VIII and XII; Ord. 834, 12/4/1973, Section 1; Ord. 878, 9/9/1975;
Ord. 941, 9/11/1978, Section 128; Ord. 943, 10/4/1978; Ord. 962, 9/12/1979,
Section 1(D); Ord. 1020, 2/6/1982, Section 2; Ord. 1034, 12/10/1982,
Section 9; Ord. 1219, 9/8/1988, Sections 1 and 2; Ord. 1537, 8/27/1997,
Section 9; Ord. 1737, 2/5/2003, Sections 2 and 3.; Ord. 1841, 4/4/2006,
Section 13.; Ord. 1899, 7/7/2008, Section 1 and 2]
All CP-1, districts shall be subject to the following regulations
and to such subsequent regulations as are set forth for each district:
a. Lot Area. The minimum lot area per dwelling unit shall be not less
than the area prescribed for R-3 districts for the CP-1 district,
or the area prescribed for R-4 districts for the CP-2 and MP districts.
(1) CP-1 District.
One-family dwelling: 6,000 square feet.
Two-family dwelling: 9,000 square feet.
Multiple-family dwelling (per unit): 2,000 square feet.
Personal care boarding home for adults: large (per unit), 1,200
square feet; small, 6,000 square feet.
(2) CP-2 District.
One-family dwelling: 5,000 square feet.
Two-family dwelling: 8,000 square feet.
Multiple-family dwelling (per unit): 500 square feet.
Personal care home for adults: large (per unit), 500 square
feet; small, 6,000 square feet.
b. Yards.
(1) Front. The minimum front yard depth shall be 30 feet.
(2) Side. Side yards for buildings used for dwelling purposes shall be
not less than 10 feet. No side yards shall be required for buildings
used for commercial or nonresidential purposes, except when abutting
residential districts, in which case the side yard shall be not less
than 40 feet.
Side yards for buildings in the P-O district shall be 20 feet.
(3) Rear. Rear yards in the CP-1, CP-2, MP and PO districts shall be
not less than 40 feet when abutting residential districts and not
less than 20 feet when abutting nonresidential districts, and shall
remain unobstructed with buildings and structures.
(4) Perimeter Planting. Within the CP-2 and MP districts, all required
front yards must be landscaped with living plant material in accordance
with the provisions of Section 2404.i of this chapter. Special screening
regulations along lot perimeter lines in the CP-1 district are found
in Paragraph (6) of this Subsection.
(5) Parking Areas. Within the CP-1 and PO districts, off-street parking
areas shall be set back a minimum of 10 feet from a side or rear property
line when such line abuts an R-1-or R-2-zoned district or abuts an
alley adjacent to an R-1- or R-2-zoned district. In no case shall
parking be permitted in a front yard.
(6) Screening. For any commercial use within the CP-1 district, the following
additional screening requirements are required along the lot's perimeter
wherever it abuts an R-1- or R-2-zoned district or abuts a street
or alley adjacent to an R-1- or R-2-zoned district:
The entire length of the perimeter lot line so described must
contain a continuous, view-restrictive screen at least six feet in
height designed to obscure the view of commercial buildings and parking
areas from residentially-zoned districts. The screen's length must
be comprised of trees, shrubs or a combination thereof. A minimum
of 50% of the screen's length shall be evergreen material. All living
screening must be at least six feet in height at time of planting
and be spaced closely enough to provide for view restriction. Walls,
earth mounds, fences, or any combination thereof, may be included
with the living plant material to complement and provide variety to
the screen but may not be exclusively used for screening. Special
consideration should be given to form, color, texture, density, growth
habits and maintenance requirements. Grass or other living ground
cover shall be planted, mulched and maintained on all portions of
the landscape strip not occupied by other landscape material.
The foregoing regulations may be reduced to provide a view-restrictive
screen equivalent to 50% off the length of the perimeter lot line
whenever such lot line abuts an R-3-, R-3B- or R-4-zoned district
or it abuts a street or alley adjacent to an R-3- or R-4-zoned district.
The 50% requirement may not be met with a single continuous hedgerow;
rather, the creation of special design effect by grouping trees, shrubs
and other landscape features is encouraged.
(7) Design Standards. On all roofs which contain air-conditioning and
other similar types of mechanical/electrical equipment, a view-restrictive
screen, that is the same height above the roof as is the equipment,
must be located around the perimeter of the roof. Such screen may
consist of a decorative type fencing or mesh or may be an extension
of the parapet. The screen's purpose is to hide the equipment from
the view of a person standing at street level.
c. Open Space.
(1) CP-1 Districts. A maximum of 35% of the total lot area may be covered
by buildings.
(2) CP-2 District. A minimum of 30% open space is required for all uses.
(3) MP District. A minimum of 25% open space is required for all uses.
(4) PO District. A maximum of 75% of a lot may be covered with impervious
surfaces.
[Ord. 559, 6/20/1959, Section 905; amended by Ord. 834, 12/4/1973,
Section 1; Ord. 878, 9/9/1975; Ord. 1466, 3/21/1995]
The maximum height permitted in this District shall be:
Buildings: 35 feet (not to exceed 3 stories).
All Other Structures: 35 feet except as provided for in Section
503.d(2).
[Ord. 1032, 8/4/1982, Section 1; amended by Ord. 1219, 9/8/1988,
Section 3; Ord. 1284, 7/10/1990, Section 11]
The addition, relocation or modification of any sign in a Planned District shall be reviewed by the Design Review Board. Specific regulations regarding signs in planned districts are found in Section 118.b of Chapter
XV of this Codification. Additional regulations pertaining to height and ground pole signs in the CP-1 district are found n Chapter
XV, Sections 106 and 112, respectively, of this Codification.