[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.