1123.02 PERMITTED USES.

   Buildings and land in a Class U-4B District shall be designed, created, used, altered, and intended only as a unified and cohesive shopping center which shall include an interior sheltered walk or promenade that provides access to a variety of retail stores, restaurants, and service uses. Permitted uses shall be consistent with the fashion character of the center and may include the following provided that under no circumstances shall the percentage of space dedicated to retail sales be less than fifty percent (50%) of the total floor area:

   (a)   Retail Stores;

   (b)   Personal Services;

   (c)   Restaurants;

   (d)   Offices;

   (e)   Medical facilities including clinics and urgent care facilities, but excluding facilities with patient beds for overnight stays with a Conditional Use permit;

   (f)   Hotels, which may be freestanding or attached to the main building with a Conditional Use Permit;

   (g)   Fitness Centers with a Conditional Use Permit;

   (h)   Multi-Family Dwellings with a Conditional Use Permit and provided that no Multi-Family Dwellings shall be located in the main mall building except above the retail store levels;

   (i)   Free-standing restaurants and outdoor dining areas may be approved with a Conditional Use Permit provided that they are consistent in style with the fashion character of the mall, are designed and oriented to be compatible with the overall design of the mall and further provided that there shall be no drive-thru or drive-up facilities.  Curbside pickup may be permitted provided that the number and location of spaces dedicated for such pickup are approved by the Commission as part of the Conditional Use Permit approval; and

   (j)   Accessory uses including parking garages, parking lots, truck loading and delivery areas, signs, and solid waste collection, compaction, and storage facilities.

      (Ord. 2018-94.  Passed 10-21-19.)

1123.03 AREA, YARD AND HEIGHT REGULATIONS.

   (a)    Area.

      (1)    The ground area occupied by buildings, exclusive of parking decks, shall not exceed thirty percent (30%) of the total area of the development.

      (2)   At least fifteen percent (15%) of the total area of the development shall be developed as planted or landscaped area.

   (b)    Yards.

      (1)    The main mall building and other freestanding buildings, except as provided in Subsection 4 hereof, shall be setback a minimum of two hundred feet (200') from the right-of-way line of any public street.

      (2)    Free-standing restaurants not exceeding 10,000 square feet in gross floor area and twenty-five feet (25') in height may be located closer than two hundred feet (200') but not less than one hundred feet (100') from any street right-of way.

      (3)    The main mall building and other freestanding buildings, except as provided in Subsection 4 hereof, shall be setback a minimum of one hundred feet (100') from any adjacent side or rear property line.

      (4)    Free-standing restaurants shall be setback a minimum of fifty feet (50') from any adjacent side or rear property line.

      (5)    Parking spaces shall be setback a minimum of thirty feet (30') from the right-of-way lines of Cedar Road and George Zeiger Drive.

      (6)    Parking spaces shall be setback a minimum of sixty feet (60') from the right-of-way line of Richmond Road.

      (7)    Parking spaces shall be setback a minimum of twenty feet (20') from any adjacent side or rear property line.  This requirement may be waived by Commission where there are shared access and parking easements.

      (8)   Required setbacks shall be improved with landscaping which may include the installation of fences, walls, hedges, mounding, or other treatments as approved to create visual appeal and provide screening or buffering as appropriate.

   (c)    Height.  The height of buildings shall not exceed one hundred feet (100') exclusive of towers, cornices, and decorative architectural features.

(Ord. 2018-94.  Passed 10-21-19.)

1123.04 OFF-STREET PARKING AND LOADING FACILITIES.

   Off-street parking and loading facilities shall be provided in conformance with the provisions of Chapter 1144.

(Ord. 2018-94.  Passed 10-21-19.)

1123.05 SITE DEVELOPMENT PLANS.

   Preliminary and final Site Development Plans are required and shall be prepared for all proposed developments in a Class U-4B District. Site development plans shall be prepared and reviewed in accordance with the provisions of Chapter 1108.

(Ord. 2018-94.  Passed 10-21-19.)

1123.06 ILLUMINATION.

   Sources of light for illumination of buildings and grounds shall be shielded so that the light source is not directly visible from residential property and light spillage at the property line shall not be greater than 0.1 foot candles and shall be installed in conformance with a lighting plan approved by the Commission.

(Ord. 2018-94.  Passed 10-21-19.)

1123.07 ACCESS.

   Direct vehicular access to the mall development from a public right-of-way shall only be from Cedar Road and George Zeiger Drive.

(Ord. 2018-94.  Passed 10-21-19.)