(A) Statement of purpose. The C-4, planned shopping center district is intended to provide shopping facilities to serve the city. As such, it should permit a sufficient size site for integrated off-street parking, landscaping, and loading and be located adjacent to major thoroughfares to permit safe and efficient vehicular traffic circulations. These districts and the traffic that the community shopping centers therein may generate must be planned so as not to cause adverse effects on adjacent residential property. The size of the center is intended to be directly related to the quality of purchasing power available for the support of those uses permitted in this zone. The protective standards contained in this section are intended to minimize any adverse effect of the shopping center on nearby property values and to provide for safe and efficient use of the shopping center itself. Submission of a market analysis is intended in order to establish evidence of a need for a change in the comprehensive zoning plan for the city and to substantiate a finding that the change will promote the general welfare of the city.
(B) Principal permitted uses. In the C-4 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following (telescoping use provisions of R-O, C-1, C-2, and C-3 do not apply to this district):
(1) Planned shopping centers, including the following uses pursuant to the provisions of § 157.094 of this code:
(a) Antique shops;
(b) Bakeries, retail sales;
(c) Banking and loan institutions;
(d) Barber and beauty shops;
(e) Bicycle shops, sales and service;
(f) Book and stationery stores;
(g) Clothing and accessories, retail sales;
(h) Confectionary and delicatessen stores;
(i) Department stores;
(j) Drug stores;
(k) Dry cleaning;
(l) Dry goods stores;
(m) Electric and electronic appliances, retail sales and service;
(n) Fruit and vegetable stores, retail sales (when enclosed within a building);
(o) Florist, retail sales;
(p) Food markets and supermarkets;
(q) Furniture stores, retail sales, repair, and reupholstering;
(r) Hardware shops;
(s) Meat markets (no butchering);
(t) Musical instruments, sales and service;
(u) Novelty shops;
(v) Nursery stock, retail sales;
(w) Offices, professional and business (including sample rooms, but no warehouses);
(x) Optical goods, retail sales;
(y) Paint stores, retail sales;
(z) Pet shops, retail sales (when enclosed within a building);
(aa) Photographer’s studio;
(bb) Photographic supplies, retail sales;
(cc) Plumbing shops, retail sales and service;
(dd) Radio and television, retail sales and service;
(ee) Restaurants, without curb or drive-in service (service entirely within building);
(ff) Shoe repair shop;
(gg) Sporting goods stores, retail sales;
(hh) Tailor shops;
(ii) Theaters (indoor);
(jj) Wallpaper stores, retail sales;
(kk) Other retail uses similar to the above;
(ll) TBA sales (tires, batteries, and accessories); and
(mm) Gas stations and public garages in conjunction with shopping centers (subject to § 157.074).
(2) Accessory buildings and uses customarily incidental, related to, and reasonably necessary or convenient for the satisfactory and efficient operation of a complete and integrated shopping center, which use is not obnoxious or offensive to the locality by reason of the emission of odor, fumes, dust, smoke, waste, vibration, or noise, including buildings and facilities for furnishing utility services, including heat, light, water, and power; and
(3) Restaurants with curb or drive-in service may be located in a planned shopping center district subject to the following requirements:
(a) Must exist as an outbuilding, not as a portion or segment of the shopping center; and
(b) Subject to the provisions set forth in § 157.075 (drive-in establishment).
(C) Greenbelt. A greenbelt of dimensions and materials as determined by the Planning Commission in accordance with § 157.088, but not less than 20 feet in width, shall be provided wherever any planned community shopping center abuts a residential district.
(D) Site plan review. For all uses permitted in the C-4 district, a site plan shall be submitted for review and approval. The following provisions in this subsection (D) shall apply to site plan review procedures for the C-4 district. The procedures of this subsection shall be minimum requirements, and additional procedures may be required by this ordinance or by the Planning Commission.
(1) Submission of application for shopping center development. A developer shall submit to the Planning Commission 12 copies of a sketch development plan of the shopping center, with 12 copies of the supporting data including, but not limited to, a market analysis, financial report, time schedule, traffic study, and substantiation of ownership, all of which shall be prepared by qualified professional persons.
(a) Sketch development plan. Designed in accordance with the planning standards, regulations, and criteria established in this ordinance and shall show: a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation, and service facilities.
(b) Market analysis. Shall include:
1. Identification of the trade area of the proposed shopping center;
2. Trade area population, present and future; and
3. Net potential customers’ buying power for stores in the proposed shopping center.
(c) Financial report. To satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this ordinance, shall include:
1. The source of construction funds;
2. The names of persons who have a financial interest in the shopping centers; and
3. Information on leasing arrangements and terms.
(d) Traffic study. Shall include an estimate of traffic volume to be generated by the development and the assignment of traffic to proposed entrances and exits.
(e) Substantiation of ownership. Shall include a certification of title company that the recorded owners of the property as represented on the application for shopping center development are correct.
(2) Referral for review and reports; sketch development plan. Upon receipt of the sketch development plans with supporting data for the development of a shopping center, the Planning Commission shall transmit the copies to the City Fire Chief, Police Chief, Attorney, Engineer, Planning Consultant, and other individuals and agencies as deemed necessary by the Planning Commission for their review, report, and recommendation. The Planner, city officials, and the like, shall, within 30 days from receiving a sketch development plan and supporting data, provide and furnish to the Planning Commission their reports.
(a) Report to Council. Within 60 days after a sketch development plan has been filed with the Planning Commission, it shall evaluate the plan and reports from the City Planner and city officials, and shall furnish to the Council its detailed report and recommendations with respect thereto. The report of the Planning Commission shall include a finding either that the sketch development plan and supporting data comply with the regulations, standards, and criteria prescribed by this ordinance for planned shopping centers applicable to the proposal, or a finding of any failure of compliance, and the Commission’s action that the sketch development plan is approved, disapproved or modified. If, at any such evaluation, the Planning Commission finds that any regulations, standards, or criteria prescribed by this ordinance are inapplicable because of unusual conditions related to the shopping center, or the nature and quality of the proposed design, it may recommend to Council that an adjustment be made; provided, however, the adjustment will not be in conflict with the promotion of the public health, safety, and general welfare of the city.
(b) Action by Council. The Council, at not later than its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the shopping center proposal. Following the completion of the public hearing, the Council shall then proceed to act upon the site plan review as provided in this subsection (D).
(3) Authority to proceed; preliminary development plan. Following affirmative action by the Council, the Planning Commission shall notify the developer of the action and authorize him or her to proceed with the preparation of a preliminary development plan of the shopping center.
(a) Content. The preliminary development plan shall contain the following:
1. The location, orientation, and exterior dimensions of all main and accessory buildings as set forth in Appendix A, Schedule of Regulations;
2. The location and dimensions of vehicular and service entrances, exits, and drives as per city site development specifications;
3. The location, arrangement, and dimensions of paved parking lots, of automobile parking spaces, width of aisles, width of bays, and angle of parking as per §§ 157.110et seq. of this code and the city site development specifications;
4. The location, arrangement, and dimensions of truck loading and unloading spaces and docks as per §§ 157.110et seq. of this code;
5. The location and dimensions of pedestrian entrances, exits, walks, and walkways as per §§ 157.110et seq. of this code;
6. Topography information at contour intervals of 2 feet or less and general on-site drainage system as per city site development specifications;
8. The location, size, height, orientation, and design of all freestanding signs as per §§ 153.01et seq.;
9. The location of all buildings, streets, and other topographical features within 500 feet of the proposed shopping center boundary;
10. The location, dimensions, and arrangement of areas to be devoted to planted lawns, trees, or any other purpose as per § 157.088; and
11. The location and capacity of private or public water and sanitary sewerage services, storm drains, and solid waste disposal facilities serving the site.
(b) Action by Planning Commission. Within not more than 30 days from the date on which the preliminary development plan is filed with the Planning Commission, the Commission shall review, approve, or disapprove the plan in writing, stating, in the case of disapproval, the reason for disapproval, and in all cases given due notice to the applicants. In the case of disapproval, the applicant may submit to the Planning Commission an amended plan which shall include those changes made necessary to accomplish compliance with the conditions for approval stated by the Commission.
(4) Final development plan; shopping center district.
(a) A complete final development plan covering the entire shopping center district shall be prepared by the developer and filed with the Planning Commission within not more than:
1. One calendar year from the effective date of any ordinance designating an area a neighborhood shopping center district within the C-4 zoning classification;
2. Two calendar years from the effective date of any ordinance designating an area a community shopping center district within the C-4 zoning classification; or
3. Three calendar years from the effective date of any ordinance designating an area a regional shopping center district within the C-4 zoning classification.
(b) The Council may extend the time period provided in this subsection for good cause.
(c) The final development plan shall be a refined version of the preliminary development plan and shall incorporate all conditions stipulated by the Planning Commission in its approval of the preliminary development plan.
(d) Within not more than 30 days from the date on which the final development plan is filed with the Council, the City Council shall review, approve, or disapprove the plan. If the City Council finds that a proposed final development plan of a shopping center is in substantial compliance with, and represents a detailed expansion of the preliminary plan heretofore approved, that it complies with all of the conditions which may have been imposed in the approval of the preliminary development plan, that it is in accordance with the design criteria and provisions of this ordinance which apply particularly to any plan of a shopping center district, and that all applicable provisions of the city regulations have been complied with, the City Council shall then approve the final development plan. Whenever more than 20 occupied residences within the city are within 1,000 feet of premises now or hereafter zoned C-4, no development or site plan relating to the premises shall be approved and no building, site, or other permits shall be issued under subsection (D)(5) below until the site plan has been first approved by an affirmative vote of the majority of the City Council members present at the meeting at which the matter is considered.
(5) Permits; shopping center development. Following the approval of a final development plan of a shopping center, the Director of the Department of Public Works shall be so notified and building, site, and other permits may be so issued upon payment of the required fees as required by § 157.172.
(6) Amendments to final development plan; shopping center development. If the developer of a planned shopping center in any shopping center district wishes to make any change, alteration, amendment, or extension to any approved final development plan, he or she shall submit a request to the Department of Public Works. If, in the opinion of the Department, the requested change is in substantial compliance with the final development plan, the Department shall approve the change and notify the Department of Public Works Director or designee, who shall issue permits accordingly.
(7) Progressive development; shopping center development.
(a) A developer, having obtained approval of any final development plan of a shopping center, may accomplish the development in progressive stages as may be approved by the City Council.
(b) If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this ordinance shall be fully complied with at the completion of any stage. Each stage of development shall be reviewed and approved by the City Council before any permits can be issued.
(8) Construction time limitation; shopping center development. The permits shall be secured and construction begun in accordance with the final development plan for a shopping center district within 12 months from the date of approval of the final development plan as provided in § 157.045(D). The Council may extend the time limit provided in this subsection for good cause.
(9) Performance bond; shopping center development. A performance bond shall be required guaranteeing the completion of all public improvements on-site and in public rights-of-way required by the city before permits may be issued. The scope of the improvements and the amount of the bond shall be determined by the Department of Public Works.
(10) Business area plans.
(a) In order to implement the Comprehensive Plan (1990 land use plan) and supplement the regulations and criteria of this ordinance, the Planning Commission may prepare area plans for the construction, completion, or rehabilitation of any business area or for coordinating the proposed development with surrounding areas. These designs may include, but are not limited to, the Planning Commission’s recommendations on: the use, location, bulk, and general design of buildings; the relationship of buildings to each other, yards, and other open spaces; the location and width of streets and pavements; the location, width, and control of accessways to major streets, parking, and loading area; pedestrian ways, paved areas, landscaped planting, exterior lighting, signs, street furniture, and other exterior and landscape features.
(b) The area plans shall be developed in accordance with the objectives of the Comprehensive Plan and criteria set forth in this subsection (D) and any other applicable provisions of the ordinance. After the plans are duly adopted by the Planning Commission and Council, they shall be construed as being a part of this ordinance, and any new construction, additions to, or rebuilding of such a business area, or parts thereof, shall be in substantial compliance therewith.
(11) Sign regulations. Signs in local business, general business, and shopping center districts shall be designed, erected, altered, moved, or maintained, in whole or in part, in accordance with the regulations as set forth in §§ 153.01et seq.
(12) Parking. Parking in any district shall be in accordance with the regulations as set forth in §§ 157.110et seq. of this code (off-street parking and loading requirements).
(13) Yearly maintenance inspection. To provide for compliance with the newly adopted provisions of this ordinance and this code of ordinances and to abate all on-site deficiencies, the Department of Public Works will conduct a yearly inspection in the spring of each year. A list of deficiencies will be compiled and submitted to the property owner(s). A time frame of 6 months will be granted to the owners of record to complete the necessary items. Failure to update deficiencies will result in abatement procedures.
(E) Area, height, and placement requirements. Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulation.