(A) Purpose and intent. The intent of this section is to provide for opportunity for the inclusion of low intensity commercial services located within a master planned development offering a unique living experience within the city.
(B) Eligibility. Approval of a neighborhood center will only be considered in the following developments:
(1) In an undeveloped subdivision consisting of 50 or more platted residential lots; or
(2) In existing subdivisions where no more than 30% of the lots have homes constructed on them and meet the minimum size requirement, and upon submittal of a petition of support by at least 80% of the property owners of the developed lots to the Zoning Board of Adjustment.
(C) Allowed uses. Real estate; travel agency; personal finance; insurance office; law office; medical/dental/chiropractic office; basic salon services such as manicure, pedicure, barber, stylist; fitness facility; art gallery; or other similar use as determined and approved by the Zoning Board of Adjustment.
(D) Submittals. The following information shall be provided by the applicant for review by the city:
(1) Basic subdivision layout, including general internal street pattern, lot layout plan, storm water detention plans:
(a) The preliminary plat for the subdivision shall be submitted, reviewed and approved by the city’s Planning and Zoning Commission and City Council within 365 days of the issuance of the conditional use permit. Failure to complete the preliminary plat shall cause the conditional use permit to be revoked;
(b) The final plat for the subdivision shall be submitted, reviewed and approved by the city’s Planning and Zoning Commission and City Council within two years of the issuance of the conditional use permit. Failure to complete the final plat shall cause the conditional use permit to be revoked; and
(c) In the case of a phased subdivision, the final plat for Phase I shall be submitted, reviewed and approved by the city’s Planning and Zoning Commission and City Council within two years of the issuance of the conditional use permit. Subsequent phases shall be submitted, reviewed, and approved by the city’s Planning and Zoning Commission and City Council within three years of the finalization of the previous phase until a point that 50 platted lots have been created.
(2) Proposed list of uses within the neighborhood center, hours of operation for the facility, and proposed timing of development;
(3) Interior building layout, exterior building architectural design plans and report on compatibility with normal residential character;
(4) Site plan and off-street parking layout;
(5) Proposed signage;
(6) Landscaping and buffering plans; and
(7) Accessibility accommodations for the disabled.
(E) Deliveries. No pick-up or delivery of materials or products requiring the use of a semi-truck.
(F) Conditional use review. When a conditional use permit is reviewed, the following items shall be reviewed in addition to the requirements of § 158.178(CC) through (LL) of this chapter: off-street parking accommodations, buffering and screening to adjacent residential properties, hours of operation, compatibility with normal residential character, confirmation that the proposed use meets the definition of a neighborhood center and compliance with all submittal requirements.
(G) Duration of conditional use permit.
(1) The conditional use permit shall only expire upon change in property ownership, upon the inclusion of uses not included in the original permit, or upon violation of any permit requirement.
(2) For all neighborhood center conditional use permits, it shall be clearly written on the permit that any failure of the permittee to comply with the conditions of approval shall be deemed cause for revocation of the permit.
(Ord. 2226, passed 3-17-2014)