The following regulations and the “Supplementary Regulations” of Section 175.29 shall apply in the C-4 Commercial District. The “C-4” District is intended to provide for the development of shopping centers. For the purposes of this section, the term “shopping center” means a planned retail and service area under single ownership, management, or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, extensive parking accommodations, etc. Since shopping center developments, whether large or small, have a significant effect upon the Comprehensive Plan for the development of the City, extensive authority over their development is retained by the Council and the Commission. Many matters relating to the shopping center’s design, its potential for success or failure and its effect upon surrounding neighborhoods must be considered by the Council and Commission in order to reasonably be assured that the area will not eventually become blighted. It is further intended that in the event of an applicant’s failure to construct a shopping center in accordance with a reasonable time schedule, the Council shall enact the necessary legislation to reclassify the area to another classification consistent with the surrounding neighborhood. Such action would also, because of the reduction in commercial zoning in a given area, provide conditions whereby it could be reasonable for the Council to classify other areas in the vicinity for shopping center use.
1. Procedure. The owner or owners of any tract of land comprising an area of not less than five (5) acres may submit to the Council a petition requesting a change to the C-4 zoning district classification. The petition shall be accompanied by a plan for the commercial use and development of the tract for the purpose of meeting the requirements of this section and by evidence of the feasibility of the project and its effects on surrounding property, including each of the following:
A. A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, existing and proposed grades, the location and type of landscaping and the location, size and number of signs, type or style of architecture, building materials, color or other significant features.
B. An analysis of market conditions in the area to be served including the types and amount of service needed and general economic justification.
C. A traffic analysis of the vicinity indicating the effect of proposed shopping center on the adjacent streets.
D. A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the requirements of this section.
The development plan shall be referred to the Commission for study and report. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of civic design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this chapter to promote public health, safety, morals, and general welfare. The development plan as approved by the Commission shall then be reported to the Council; whereupon, the Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this chapter.
2. Standards. Uses permitted in the “C-4” district shall include any use permitted in the “C-1,” “C-2,” or “C-3” districts and as limited by these districts; provided, however, the Council may consider any additional restrictions proposed by the owner. The bulk regulations of the “C-2” district shall be considered minimum for the “C-4” district; however, it is expected that these minimums will be exceeded in all but exceptional situations. Buildings may be erected to heights greater than those allowed in the “C-3” district in accordance with the intent and purpose of this section.
3. Completion. The Council may make the approval of the shopping center plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, in determination of such period, the Council shall consider the scope and magnitude of the project and any schedule or timetable submitted by the developer. Failure to complete the construction and improvements within said period of time shall be deemed sufficient cause for the Council, in accordance with the provisions of Section 175.31, to rezone the subject property to the classification effective at the time of original submission of the shopping center plan, unless an extension is recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the shopping center plan, after approval by the Council, shall be resubmitted and considered in the same manner as the original proposal.
4. Off-Street Parking. In accordance with Section 175.28.
5. Landscaping. A minimum of 15 percent of the area shall be returned as landscaped open space to include such items as walks, trees, shrubs, fountains or other ornamental features.
6. Outdoor Displays. Outdoor displays will be permitted as long as they are not unsightly or constitute a nuisance. No outdoor displays will be permitted on any public right-of-way, including but not limited to streets, alleys, or sidewalks that in any way block or obstruct a street, alley or sidewalk. The Building Official shall have absolute discretion in determining whether an outdoor display is unsightly, constitutes a nuisance, or whether it blocks or obstructs a public right-of-way.