(A) Purpose. The B-5 or B-6, Shopping Center Business District, is intended to provide a district which may be applied to land in single ownership or unified control for the purpose of developing a planned business center with a unified and organized arrangement of buildings, and service facilities at key locations which are suitable for the use.
(B) Permitted uses. For the purpose of establishing B-5 and B-6, Shopping Center Business Districts, which will be compatible to adjacent and abutting uses, this section permits the development of two types of planned business centers.
(1) B-5, Neighborhood Shopping Center. Within a B-5, Neighborhood Shopping Center Business District, no building or land shall be used, except for one or more of the following uses subject to division (C)(2) below:
(a) Convenience retail grocery store;
(b) Drug stores;
(c) Dry cleaning pickup stations;
(d) Barber and beauty shops;
(e) Launderettes;
(f) Restaurants; and
(g) Shoe repair.
(2) B-6, Sub-Regional Shopping Center. Within a B-6, Sub-Regional Shopping Center Business District, no building or land shall be used, except for one or more of the following uses, subject to division (C)(2) below:
(a) Drive-in restaurants;
(b) Any uses as permitted and regulated in the B-3, General Business District, except that no dwellings shall be permitted; and
(c) Indoor recreation-such as trampoline parks, skating and archery etc.
(C) Uses by conditional use permit. Within a B-5 or B-6, Shopping Center Business District, no building or land shall be used for one or more of the following uses, except by conditional use permit:
(1) Any use permitted in § 154.038(C) of this chapter, as regulated therein, except dwelling units;
(2) Any use permitted in § 154.037(B)(12) of this chapter, as regulated therein, except mobile motorized amusements, shows, competitions of any sort on a permanent site;
(3) Outdoor displays;
(4) Marine and boat sales and service;
(5) Farm implement sales and service;
(6) Recreational vehicle sales and service;
(7) Other business activities not specifically named of the same general character, as listed in division (B) above;
(8) Hotels subject to the following:
(a) They shall be located in a B-6, Sub-Regional Shopping Center, only; and
(b) The structure shall be freestanding.
(9) Day nurseries for the use and convenience of the patrons of the shopping center subject to the following:
(a) It shall be contained within and shall be conducted by and as an integral part of a use permitted in divisions (B) and (C) above; and
(b) Subject to the laws and regulations of the state regarding nursery schools.
(10) Light Industrial Uses; subject to the following:
(a) There shall be no outside storage of materials or goods unless an allowed retail use is permitted in the zone of conjunction with the manufacturing business to sell a finished product.
(b) There shall be no uses that produce fumes, exhaust, or other nuisance conditions outside of the structure.
(D) Permitted accessory uses. Within a B-5 or B-6, Shopping Center District, the following uses shall be permitted accessory uses:
(1) Accessory uses customarily incidental to the uses permitted in divisions (B) and (C) above; and
(E) Height, setback, area and lot coverage regulations.
(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed four stories or 45 feet in height; except that, increased height may be allowed by conditional use permit as regulated in § 154.085 of this chapter.
(2) Setback regulations.
(a) In a B-5 or B-6, Shopping Center District, there shall be front, side and rear setbacks of not less than 50 feet from all property lines.
(b) Provided, however, that, in the event a district is across a street from any property zoned in any residential classification, the setback shall have a depth of not less than 75 feet unless the street is designated as a thoroughfare on the city thoroughfare and transportation plan.
(c) Provided that, no building(s) shall be located within 75 feet of property line abutting a lot in any of the classes of residence districts.
(e) There shall be a separation of not less than 35 feet between the closest points of all free standing buildings or half the sum of their heights, whichever is greater.
(3) Lot area regulations. The area of land to be included in a B-5 or B-6, Shopping Center Business District, shall be:
(a) At least one, but not more than four, acres in a B-5, Neighborhood Shopping Center; and
(b) More than four acres in a B-6, Sub-Regional Shopping Center.
(4) Lot coverage regulations. Not more than 25% of any B-5 or B-6, Shopping Center District, area shall be occupied by buildings.
(F) General regulations.
(2) All business shall be conducted within an enclosed yard or building.
(G) Administrative procedure.
(1) Development plan. The proponents of any B-5 or B-6, Shopping Center Business District, shall submit a general development plan along with the application for rezoning to the Planning Commission and the Council to secure the approval of same. The general development plan shall be drawn to scale and this development plan shall show:
(a) The proposed site and existing development on adjacent properties;
(b) The proposed size, location and arrangement of buildings;
(c) Parking areas and stall arrangement;
(d) Entrance and exit drives;
(e) Topography and proposed drainage systems;
(f) Buffers, their location and height;
(g) Approximate dimensions;
(h) Proposed sewer and water systems;
(i) Interior pedestrian circulation;
(j) Interior vehicular circulation; and
(k) Feasibility study.
(2) Development schedule.
(a) The proponent shall submit, in addition to the application for rezoning, a proposed schedule of construction beginning at the time the requested zoning may be granted and continuing until all components of the B-5 or B-6, Shopping Center District, are fully completed. If the construction of the B-5 or B-6, Shopping Center District, is to be in stages, the components contained in each stage shall be clearly delineated.
(b) The schedule of construction shall be subject to review by the Planning Commission, at intervals of one year beginning at the time the new zoning takes effect.
(3) Approval. If the zoning change is approved, the general development plan is attached to and is a part of the ordinance establishing the zoning change. Any substantial change to the plan affecting the requirements set forth in division (G)(2) above will require a resubmission to and approval by the Planning Commission and the Council.
(4) Phases of construction. If the zoning change is approved, the first phase of construction must begin to show reasonable progress within two years after approval of the general development plan and zoning change by ordinance or the district may be zoned back to its original zoning district classification or other appropriate zoning district classification.
(5) Compliance. The owner or developer shall comply with all appropriate local and state requirements and regulations regarding lighting, noise abatement, traffic control and regulation, maintaining order and keeping the premises free from debris.
(2002 Code, § 7.24) (Ord. 47, Second Series, effective 7-1-1974; Ord. 156, Second Series, effective 1-1-1979; Ord. 30, Fourth Series, effective 5-15-1991; Ord. 10, Eighth Series, effective 3-7-2021; Ord. 24, Eighth Series, effective 4-10-2022)