(A)   General. The purpose of the C-3 Commercial District is to assure the grouping of commercial buildings in such a manner as to constitute a safe, harmonious, efficient and convenient retail shopping center. Provision of adequate off-street parking will provide freedom from congestion on public streets and proper traffic patterns will protect the general welfare and safety of the surrounding area. It is the intent, specifically, of this section to prohibit residential and industrial use of the land and to prohibit any other use which would substantially interfere with the development or continuation of the commercial structures in the district.
   (B)   Use regulations.
      (1)   Permitted uses. No building or structure or part thereof shall be erected, altered or used, or the premises used, in whole or in part, for other than one or more of the permitted uses specified in Table 1 of this chapter.
      (2)   Special uses. Special uses may be permitted as designated in Table 1 of this chapter, if they meet the requirements set out in §§ 156.100 through 156.107 of this chapter and, upon application, are specifically authorized.
      (3)   Accessory uses. Accessory uses and/or buildings shall be permitted in accordance with §§ 156.010 and 156.130 of this chapter.
   (C)   Height regulations. No building shall hereafter be erected, reconstructed or structurally altered to exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
   (D)   Area regulations. No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce the regulations of this chapter.
      (1)   General. No C-3 District shall contain less than four acres, nor have a lot width of less than 200 feet, nor a depth of less than 300 feet.
         (a)   No building or structure shall be located less than 50 feet from any property line.
         (b)   No parking area shall be located less than ten feet from any interior property line and 20 feet from any property line abutting a street.
         (c)   The ten-foot strip immediately adjacent to interior property lines and the 20-foot strip adjacent to a street shall be maintained as green area except for necessary access ways.
      (2)   Lots abutting a residential zoning district.
         (a)   Any property line abutting a residential zoning district shall be required to be effectively screened in one of the following ways, or a combination thereof:
            1.   Buffering shall be a dense strip of natural plantings, not less than ten feet in width and six feet in height after one full growing season, and ten feet in ultimate height;
            2.   A solid fence not less than six feet in height.
         (b)   The screening plans shall be approved by the Plan Commission.
   (E)   Approval of plans. No permit for the construction of a building, or any part thereof, shall be issued prior to approval of the development plans by the Town Council. Approval shall be given only after having considered the recommendation of the Plan Commission. The following steps shall be followed in seeking plan approval.
      (1)   A developer shall prepare and submit a preliminary plan and supporting data for review and tentative approval of the Plan Commission and the Town Council.
      (2)   Upon approval of the preliminary development plan, the developer shall prepare and submit a final development plan which shall incorporate any changes or alterations required by the Plan Commission and/or the Town Council. The final plan shall include all of the requirements for a site plan in accordance with § 156.041 of this chapter. The Plan Commission shall review the final development plan and forward its recommendation to the Town Council who shall be responsible for final approval.
         (a)   In reviewing a site development plan, the Plan Commission shall determine that it conforms to all applicable provisions of this chapter; that the safety and convenience of the public are adequately provided for; that adequate protection and separation are provided for contiguous properties; that safe internal circulation has been incorporated into the design for both vehicular and pedestrian movement.
         (b)   A shopping center located on a major thoroughfare should be served by a service road with access from a minor road whenever possible. Ingress and egress points should be designed and located not less than 200 feet from intersecting streets.
   (F)   Fence regulations. All fences shall be in accordance with the provisions of §§ 156.120 and 156.121 of this chapter.
   (G)   Visibility requirements. Vision clearance shall be in accordance with the provisions of § 156.121 of this chapter.
   (H)   Off-street parking and loading requirements. Off-street parking and loading space requirements shall be in conformance with the provisions of § 156.122 of this chapter.
   (I)   Sign regulations. All signs shall be in accordance with the provisions of § 156.123 of this chapter.
   (J)   Special conditions. Residential dwellings shall be prohibited. However, a single apartment unit for the specific use of a security guard, may be permitted as a special use.
(Ord. 9-80, passed 12-15-1980)