(A) Permitted uses. This zone is intended for areas or zones where more intense use, commercial traffic, and major trading centers may be located. No building, structure, or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged, or maintained except for the following uses:
(1) Uses permitted in the LBP Local Business Professional Office Zone;
(2) Health centers/retail shopping centers;
(3) Restaurants, but not drive-in restaurants, cafés, lunchrooms;
(4) Business and professional offices, political offices, union offices, real estate offices;
(5) Outdoor advertising as regulated in this chapter;
(6) Parking lots, not parking garages;
(7) Fraternal, philanthropic, civic, and service organizations;
(8) Gasoline stations, car washes, subject to the performance standards set forth in this chapter;
(9) Photographic studios and offices;
(10) Grocery stores;
(11) Bakeries;
(12) Jewelers, camera shops;
(13) Fraternities and sororities;
(14) Hardware stores, furniture stores, paint and glass stores;
(15) License bureaus, travel services;
(16) Laundries, dry cleaning establishments;
(17) Department stores, sporting goods, art and music centers;
(18) Florist shops, candy and ice cream stores;
(19) Skating rinks;
(20) Mobile home sales;
(21) Feed and fuel stores;
(22) Amusement enterprises;
(23) Plumbing and sheet metal shops;
(24) Gymnasiums;
(25) Sign painting shops, welding shops;
(26) Exterminating shops;
(27) Taxidermists;
(28) Rentals of garden equipment, garden supplies;
(29) Shooting gallery;
(30) Window blinds - sales and repair;
(31) Storage of building materials;
(32) Farm implement establishment for display, hire, sales, and repair, including sales lots;
(33) Animal hospital, veterinary clinic or kennel, provided any structure shall be not closer than 200 feet to any dwelling;
(34) Commercial baseball field, swimming pools, golf driving ranges;
(35) Greenhouses; and
(36) Hotels, motels, motor hotels.
(B) Front yard. There shall be a front yard of not less than 25 feet in depth measured from the right-of-way line to the front wall of the building.
(C) Side yard. There shall not be any minimum side yard requirements except that where a Community Business Variety Business Zone abuts a Residence Zone no building shall be closer to any existing dwelling than 25 feet. Except for common wall buildings, new buildings shall not be constructed less than 15 feet from an existing building.
(D) Rear yard. There shall be a rear yard of not less than 25% of the depth of the lot, but need not exceed 25 feet.
(E) Height/floor area. No building or structure shall exceed three stories or 45 feet in height. There shall be no minimum floor area requirements.
(F) Conditions. Business establishments shall be of a wholesale, retail or service nature. Goods shall be sold at retail. Servicing and processing shall be conducted within completely enclosed buildings.
(1) Drive-in establishments other than gasoline service stations, offering goods and services directly to customers waiting in parked vehicles shall not be permitted.
(2) Whenever a business establishment abuts a Residence Zone, the area between the business establishment and the Residence Zone shall be adequately buffered by trees, shrubs, distance, or fence.
(G) Major trading zone or shopping center.
(1) An applicant for a major trading zone, or shopping center (defined as a group of shops or stores not less than four in number functioning as a unit) shall submit an application for the same to the Plan Commission for approval of the plan and issuance of an improvement permit. No approval of the plan and improvement permit to the developer may be issued without the filing of the following: Copies of the center’s design and layout, a market analysis, a financial statement, a construction time-table, and a traffic survey - all prepared by a competent engineer, property owner, or firm.
(2) Upon filing of such application and material, the Plan Commission shall proceed with the review and analysis of the proposal, giving special attention to the adequacy of all thoroughfares to carry additional traffic generated by the shopping center; the size, layout, and capacity of areas proposed for vehicular access, parking, loading, and unloading; the relation of the center to access streets; the location, size, and use of buildings and structures; the landscaping of areas to harmonize with adjoining neighborhoods; the adequacy of storm and sanitary sewers; the unity and organization of buildings and service facilities.
(3) On the basis of the material filed, the Plan Commission shall determine whether or not the project shall be approved. If the requested change is approved it shall be subject to the submission and approval of a final development plan to the Plan Commission, which plan shall conform with all performance standards set forth in this chapter.
(4) Such final development plan shall be submitted within one calendar year from the date of rezoning or permit, otherwise the rezoning shall be considered null and void. No permit shall be issued for the construction of a shopping center until the Plan Commission has reviewed and approved the final plan and copy of the same is certified to the developer.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99