§ 154.129 PUBLIC STREETS.

   Where public streets are required by the Comprehensive Master Plan or the Commission, as deemed necessary, they shall be dedicated and constructed in conformance with the minimum street specifications prescribed by the Subdivision Control Ordinance and/or the Town’s Specifications and Standards for Municipal Improvements (Ordinance 1995-10), as amended from time to time.

(Am. Ord. 1996-18, passed 11-18-96)

Cross reference:

   Specifications and standards for municipal improvements, see Chapter 95;

   Subdivision Ordinance, see Chapter 153

§ 154.130 OVERSIGHT AND AMENDMENT.

   When a Planned Unit Development (PUD) Zoning District and development plan receive approval after secondary review, the owner and developer shall enter into implementation of the development, according to the terms of the conditions established as part of the development plan. Any subsequent change or addition to an approved development plan shall be submitted for approval to the Secondary Review Authority and, if in the Secondary Review Authority’s opinion, such change or addition is not substantial, it may approve the change. If such change or addition is construed to be substantial, a public hearing shall be held prior to such approval. Failure to comply with the development requirements, conditions and regulations as established and as specifically made applicable to a development plan shall be cause for termination of the approval for the project. At least ten days notice shall be given to the owner and developer to appear before the Secondary Review Authority and answer any such charge of noncompliance.

(Am. Ord. 1996-18, passed 11-18-96)

§ 154.131 COMPLIANCE.

   Nothing contained in this subchapter is intended to relieve any owner, developer or user of land from compliance with all other ordinances of the Town of Kouts, as amended from time to time hereafter, including all ordinances relating to subdivision control prior to development and use of land.

(Am. Ord. 1996-18, passed 11-18-96)

§ 154.132 CONDITIONS AND COMMITMENTS.

   (A)   When the Town Council or Commission is considering the adoption of a PUD SSZO, they may recommend and adopt provisions in the said PUD SSZO which do the following:

      (1)   Impose reasonable conditions on a proposed planned unit development;

      (2)   Condition issuance of an improvement location or building permit on the furnishing of a bond or a satisfactorily written assurance guaranteeing the timely completion of a proposed public improvement in a planned unit development or serving a planned unit development;

      (3)   Allow or require an owner of real property to make a written commitment in the manner authorized under state law.

   (B)   When recommending adoption of a PUD SSZO to the Town Council, considering the adoption of a PUD SSZO, granting secondary approval of the development plan or making an amendment or modification of the development plan, the Commission, Town Council or Secondary Review Authority may:

      (1)   Impose the conditions described in divisions (A)(1) and (A)(2) of this section; and

      (2)   Allow or require a written commitment of the owner and/or developer of real property as authorized under state law.

(Am. Ord. 1996-18, passed 11-18-96)

NEIGHBORHOOD COMMERCIAL DISTRICT

§ 154.145 GENERAL PROVISIONS.

   The following provisions shall apply to Neighborhood (C-1) Commercial Districts:

   (A)   All business, service, storage, merchandise, display and, where permitted, repair and processing, shall be conducted wholly within an enclosed building, unless authorized as a variance, and except as otherwise permitted herein for specified uses, such as off-street automobile parking and off-street loading;

   (B)   Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses;

   (C)   Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste;

   (D)   In any commercial district where a commercial building is located on a lot which abuts property zoned for residential use, an opaque landscape screen, an opaque fence or screening having a minimum height of six feet shall be provided along any side and/or rear lot line contiguous to the property zoned for residential use;

   (E)   Sign requirements shall be in accordance with the provisions set forth in §§ 154.265 et seq.;

   (F)   Parking spaces shall be in accordance with the provisions set forth in §§ 154.335 et seq.

(Ord. 1995-12, passed 7-6-95)

§ 154.146 USE REGULATIONS.

   (A)   The following shall apply to the Neighborhood Commercial (C-1) Districts:

      (1)   Dwelling units are not permitted;

      (2)   Each business establishment is restricted to not more than 5,000 square feet of floor area.

   (B)   The following permitted uses are allowed:

      (1)   Barber shops;

      (2)   Beauty parlors;

      (3)   Candy and ice cream stores;

      (4)   Drug stores;

      (5)   Food stores, including grocery stores, meat markets, bakeries and delicatessens - retail sales only;

      (6)   Libraries;

      (7)   Shoe stores;

      (8)   Shoe and hat repair stores; and

      (9)   Office buildings.

   (C)   The following uses may be allowed by special exception:

      (1)   Other business uses similar to the permitted uses listed above;

      (2)   Automobile service center;

      (3)   Electric and telephone substations;

      (4)   Municipal facilities and public utilities;

      (5)   Parks and playgrounds (public);

      (6)   Planned development on a parcel of land no less than ten acres in area; and

      (7)   Schools (public and private).

(Ord. 1995-12, passed 7-6-95)

§ 154.147 HEIGHT REGULATIONS.

   The maximum height of any building or other structure shall be two stories or not more than 30 feet.

(Ord. 1995-12, passed 7-6-95)

§ 154.148 AREA, WIDTH AND YARD REGULATIONS.

   (A)   Minimum lot area and width. A minimum lot area of not less than 5,000 square feet, and a lot width of not less than 50 feet at the building line shall be provided for every building or other structure erected or used for any use permitted in this District, and in no case shall an individual establishment exceed 5,000 square feet of floor space.

   (B)   Front yard. There shall be a front yard on each lot, the depth of which shall be not less than ten feet from the right-of-way line.

   (C)   Side yard.

      (1)   On each corner lot, there shall be a side yard, abutting the street, having a width of not less than 25 feet, and another side yard having a width of not less than seven feet, unless the building employs a common party wall with the building on the adjoining lot.

      (2)   On a lot abutting any Residential Zoning District, there shall be a side yard abutting such district having a width of not less than 12 feet, which shall be effectively screened from abutting lots by a strip of planting not less than 12 feet in ultimate width, such planting consisting of not less than 50% evergreen material scattered throughout.

      (3)   Where abutting lots have buildings or other structures employing a common party wall, no side yard is required.

      (4)   All interior lots shall have two side yards, each having a width of not less than seven feet, except where party walls are used.

   (D)   Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than 30 feet from the rear lot line.

   (E)   Building coverage. No more than 50% of any lot may be covered by buildings.

(Ord. 1995-12, passed 7-6-95)