1167.03 B-2 COMMUNITY SHOPPING DISTRICT.

   (a)    Purpose. This District is created to provide shopping areas serving the Municipality and neighboring communities in locations, convenient to residential areas, where many small businesses are concentrated thereby offering a variety of convenience and comparison shopping facilities, and such similar community-wide facilities in an efficient and well designed center. The several retail facilities shall be located adjacent to each other with convenient pedestrian access provided among the uses.

   (b)    Permitted Uses. 

      (1)    Permitted retail uses when wholly in enclosed buildings include:

         A.    All uses permitted in the B-1 Convenience Business District;

         B.    Automotive parts dealer;

         C.    Department store;

         D.    Heating, plumbing, electrical equipment dealer; and

         E.    Retail sales and repair of furniture, appliances and other major household articles.

      (2)    Development on a single parcel or in combination with adjacent parcels shall result in several retail businesses. Any single large facility that dominates a parcel or parcels, in the Zoning District to the exclusion of achieving the primary objective of this District, which is to provide a variety of goods and services in several businesses, shall be prohibited.

      (3)    Off-street public parking lot and garage.

   (c)    Conditionally Permitted Uses. The Planning Commission may issue Conditional Zoning Certificates for uses listed herein subject to the procedures of Section 1137.04, the review criteria of Section 1137.05(d), applicable supplementary regulations in Chapter 1171 and architectural design standards of Chapter 1172.

      (1)    Club, lodge and fraternal organizations;

      (2)    Communication facilities;

      (3)    Drive-in banks;

      (4)    Drive-in eating establishments;

      (5)    Public garages, automobile repair shops, gasoline service stations, car wash;

      (6)    Motion picture theaters, bowling alleys, but excluding drive-in theaters;

      (7)    Outdoor displays subject to the standards and criteria of Section 1167.07;

      (8)    Passenger transportation agency and terminal;

      (9)    Post office, police and fire stations, schools;

      (10)    Professional, medical and administrative offices;

      (11)    Public utility rights of way and appurtenant structures;

      (12)    Funeral homes. (Ord. 65-1999. Passed 10-14-99.)

      (13)   Senior Citizen Residential Facilities, subject to the criteria and standards of Section 1167.07. (Ord. 112-1999. Passed 11-30-99.)

   (d)    Accessory Uses. 

      (1)    Off-street parking, entrances and exits as regulated in Section 1167.06;

      (2)    Signs as regulated in Section 1171.10;

      (3)    Any accessory use which is incident to a permitted main use shall be permitted provided it is planned and developed integrally with the main building, and with adjacent buildings and that it has no injurious effects on adjoining districts.

         (Ord. 30-82. Passed 6-10-82.)

   (e)    Setback Lines. The setback line for any building or structure erected shall be a minimum of 100 feet from any public right of way existing as of January 1, 1985, and shall be a minimum of fifty feet from any new public right of way established after January 1, 1985.

   (f)    Side and Rear Yards. 

      (1)    Every building or structure intended for business use shall have a rear and side yard, each of which shall have a width of at least twenty-five feet from the rear and side lot lines except when adjacent to an R district the width shall be ninety feet from the lot line adjacent to the R district; provided that the building and site arrangement complies with the requirements of Section 1171.11(e).

      (2)    When two or more parcels of land which have different owners are proposed to be developed jointly, any common side and rear-yard setback may be reduced when a development plan for all parcels in the Joint Development is approved by the Planning Commission as a Conditional Use in accordance with the procedures of Section 1137.04. A zero setback may be considered in which case two or more buildings on separate parcels, either built simultaneously or at different times, would abut each other. In establishing the reduced setback, the Planning Commission shall consider the impact of any reduction of the arrangement of the buildings, parking, site access and circulation, landscaping, property maintenance, and the overall quality and marketability of the proposed development. To consider a parcel of land in a Joint Development, the Planning Commission must have written authorization from each property owner stating that the development proposal on each parcel may be considered as part of the Joint Development. (Ord. 27-1985. Passed 6-27-85.)

   (g)    Height of Building.  No building shall be erected in the B-2 Community Shopping District to a height in excess of four stories or in excess of forty-five feet measured from the natural grade at the building line to the highest point on the roof so long as such height does not substantially interfere with immediately adjacent parcels, otherwise, no building shall be erected in the B-2 Community Shopping District to a height in excess of three stories or in excess of thirty-five feet measured from the natural grade at the building line, to the highest point on the roof, excluding gables of no more than 10 feet in height, except that these provisions shall not apply to the height of a clock tower, wireless towers, chimney stage tower, scenery loft or other mechanical appurtenances part of such building. The above such projections shall not exceed ten feet above roof peak. All such projections in excess of ten feet must be approved by the Planning Commission.

(Ord. 67-2017. Passed 9-14-17.)

   (h)    Storm Drainage. Drainage shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc. as a means of conveying surface drainage from the sites.

   (i)    Planning Commission Review Procedures. All construction for permitted or conditional uses in the B-2 District whether new construction, expansion of existing building or renovations to site conditions or characteristics shall be submitted to and approved by the Planning Commission pursuant to Section 1137.05.

(Ord. 30-1982. Passed 6-10-82. )

   (j)    Minimum Lot Size. The minimum lot area shall be 30,000 square feet, and each lot shall be a minimum of 150 feet in width when measured at the setback line.

(Ord. 27-1985. Passed 6-27-85.)