It is the purpose of this section to arrange sound neighborhood shopping facilities within developing areas, without the necessity of indicating specific sites in advance. Planned neighborhood shopping centers may be allowed within R-2 and R-3 districts upon issuance of a special use permit where all the provisions of this section are met. Planned shopping centers are also permitted within residential planned unit developments.
(A) Objectives. The following objectives shall be considered in reviewing any application for a special use permit for a planned neighborhood shopping center:
(1) To promote a more complete urban design which includes necessary neighborhood services conveniently located and attractively designed; and
(2) To encourage developers to use creative and imaginative approaches in the development of neighborhoods.
(B) Planning Commission review and hearing. Notices shall be given in accordance with § 155.385. All special land uses require a hearing, therefore a separate hearing is not required for a planned neighborhood shopping center.
(C) Qualifying conditions. To qualify for consideration as a planned neighborhood shopping center, the following considerations shall be met:
(1) The proposed center is designed and will be developed with a unified architectural treatment;
(2) The center shall contain at least five individual uses; and
(3) To be eligible for consideration as part of a residential planned unit development, the planned unit residential development must be a minimum of 50 dwelling units.
(D) Uses that may be permitted. The following uses of land and structures may be permitted within a planned neighborhood shopping center:
(1) Retail food establishments, as permitted in B-2 districts;
(2) Other retail businesses, as permitted in B-2 districts;
(3) Personal service establishments, as permitted in B-1 districts;
(4) Offices for professional services, as permitted by B-1 districts;
(5) Professional and administrative offices, as permitted in B-1 districts;
(6) Restaurants and other eating or drinking establishments which provide food or drink for consumption on the premises; provided that, the establishments shall not be so-called "drive-in" facilities; and
(7) Temporary outdoor uses may be permitted on a temporary basis without a public hearing by the Planning Commission; provided that, the permit shall not be issued for more than 30 days in any one year and that the use can be adequately shown not to be injurious or detrimental to properties in the immediate vicinity.
(E) Development requirements. In addition to qualifying conditions listed above, the following requirements shall be met.
(1) Minimum yard requirements.
(a) Each lot shall have a minimum front yard of 15 feet and the yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures.
(b) Side yards shall be of not less than 30 feet and further in the case of a corner lot the side yard on the street side shall be a minimum of 25 feet.
(c) Each lot shall have a rear yard of 30 feet.
(d) Side yards abutting any residentially zoned property shall be adequately screened.
(2) Maximum building height. The maximum building height shall be three stories or 40 feet.
(3) Maximum lot coverage. The maximum coverage of land by all buildings shall not exceed 80%.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009) Penalty, see § 155.999