1135.04 COMMUNITY SHOPPING CENTERS.
    (a)   General Provisions.
      (1)   The owner of a tract of land located in any district at or near a proposed shopping center which is shown on the official Zoning Map, containing not less than ten (10) acres, may submit to the Planning and Zoning Commission for its review a preliminary plan for the use and development of such tract of land for an integrated shopping center. The Planning and Zoning Commission shall review the proposal and make recommendations on it to the Council.
      (2)   In accepting such plan for review the Planning and Zoning Commission must be satisfied that the proponents of the community shopping center are financially able to carry out the proposed project, that they intend to start construction within one (1) year of the approval of the project and necessary change in zoning and intend to complete it within a reasonable time as determined by the Planning and Zoning Commission.
   (b)   Locations, Size and Character of Development.
      (1)   The need for the proposed development has been demonstrated by means of market studies and such other evidence as the Planning and Zoning Commission may require.
      (2)   The proposed shopping center is located so that reasonably direct traffic access is supplied from principal thoroughfares and where congestion will not likely be created by the proposed center or where congestion will be alleviated by presently projected improvement of access thoroughfares.
      (3)   The plan provides for a shopping center consisting of one (1) or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping, which will fit harmoniously into and will have no adverse effects upon the adjoining or surrounding development.
   (c)   Permitted Uses. The uses permitted in an integrated community shopping center shall be the kinds of uses permitted in the "B-3" district.
   (d)   Regulations. The following regulations shall apply to a community shopping center:
      (1)   Building heights. No building shall exceed three (3) stories or forty-five (45) feet in height, except as modified by Section 1137.02 .
      (2)   Yards. No building shall be less than sixty (60) feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any "R" district by a solid wall or compact evergreen hedge at least six (6) feet in height. Such wall or hedge shall be placed at least five (5) feet from the property line.
      (3)   Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate twenty-five percent (25%) of the total area of the lot or tract.
      (4)   Customer parking space. Notwithstanding any other requirements of this Ordinance, there shall be provided one (1) off-street parking for each one hundred (100) square feet of floor space, not including basement storage space.
      (5)   Loading space. Notwithstanding any other requirements of this Ordinance, there shall be provided one (1) off-street loading or unloading space for each ten thousand (10,000) square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third (1/3) of the spaces required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
      (6)   Access drives and illumination of parking areas. Access drives and illumination of parking areas shall conform to the requirements of Section 1133.04 .
      (7)   Signs. Each center shall be permitted two (2) free-standing signs not over thirty (30) feet in height, having a maximum total area of one hundred (100) square feet and located no closer than ten (10) feet to any street line and not closer than one hundred (100) feet to the adjoining lot line. A single identification pylon or similar structure of a height in excess of thirty (30) feet and in harmony with the design of the building shall be permitted. All signs within the center shall be controlled by written agreement between the owner and tenants of the center, or otherwise, to avoid excessive advertising and ensure harmonious appearance to the center as a whole. All signs shall conform to the distance requirements from property lines for the buildings in the center.
   (e)   Submission and Approval of Final Development Plan.
      (1)   Upon determination by the Planning and Zoning Commission that the proposed community shopping center, as shown by the preliminary plan, appears to conform to the requirements of this Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Planning and Zoning Commission.
      (2)   If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Ordinance, the Planning and Zoning Commission shall hold a public hearing and submit said plan with its report and recommendations, to Council, which shall hold a public hearing on the development planned.
      (3)   Following a public hearing, the Council may modify the plan, consistent with the intent and meaning of this Ordinance.
      (4)   After the final development plan has been approved by the Council and is carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this Ordinance, such adjustments or rearrangements may be authorized by the Council.
         (Ord. 22-089. Passed 12-5-22.)