§ 5.34. SC Shopping Center Zone.
5.34.01. General description. The general intent of this section is to encourage and insure the development of unified retail shopping centers which will promote the public health, safety, morals, and general welfare for the citizens of the county. The purposes of these subsections are:
A.
To promote safe and efficient movement of traffic within the site of the shopping center and in connection with adjacent access streets.
B.
To lessen the adverse effects which such shopping centers might have on the uses of adjacent land.
C.
To prohibit the development of uses of a heavy repair, wholesaling, industrial, and residential character in SC, Shopping Center Zones.
5.34.02. Uses permitted. The list below specifies the uses which shall be permitted in SC, Shopping Center Zones. In addition to these uses, the metropolitan planning commission may recommend the inclusion of other uses of a related nature, provided that the intent of this resolution is maintained. Uses permitted:
A.
Appliance, radio and television store.
B.
Art supply store.
C.
Bakery (retail).
D.
Bank.
E.
Barber shop.
F.
Camera store.
G.
Candy store.
H.
Clinic (not veterinary).
I.
Clothing and clothing accessory store.
J.
Delicatessen.
K.
Demolition landfills less than one (1) acre in size subject to article 4, "Supplementary regulations," subsection 4.80.01.A, "Demolition landfills" (on site generated waste).
L.
Restaurants.
M.
Department store.
N.
Drug store.
O.
Film exchange.
P.
Five and ten cent store.
Q.
Radio or television repair shop.
R.
Shoe repair shop.
S.
Flower shop.
T.
Furniture store.
U.
Gift shop.
V.
Grocery store.
W.
Hardware store.
X.
Hobby store.
Y.
Ice cream parlor.
Z.
Jewelry store.
AA.
Laundry and dry cleaning establishments.
BB.
Meat market.
CC.
Music store.
DD.
Notion or variety store.
EE.
Photographic studio.
FF.
Business and professional offices.
GG.
Shoe store.
HH.
Sporting goods store.
II.
Stationery store.
JJ.
Toy store.
KK.
Gasoline service station provided that such gasoline service station is designed as an integral part of the shopping center building group.
LL.
Yard sales and rummage sales.
MM.
Wireless communications facilities, subject to the provisions of article 4, section 4.92.
5.34.03. Uses permitted on review.
A.
Adult-oriented establishments subject to meeting all requirements of section 4.60, "Adult-oriented establishments," of this resolution.
B.
Child day care centers, provided they meet the requirements of section 4.91, "Requirements for child day care centers and group day care homes, when considered as uses permitted on review."
C.
Adult day care centers, provided they meet the requirements of section 4.98, "Requirements for adult day care centers, when considered as uses permitted on review."
5.34.04. Height. No building shall exceed three (3) stories or forty (40) feet in height.
5.34.05. Yards.
A.
Where the SC, Shopping Center Zone abuts a lot which is residential in zoning classification no building shall be constructed less than fifty (50) feet from any lot line.
Where the SC, Shopping Center Zone abuts any street right-of-way buildings shall be constructed not less than sixty (60) feet from such right-of-way.
B.
Buildings may be constructed less than fifty (50) feet from any lot line:
1.
Where the SC, Shopping Center Zone abuts a lot which is nonresidential in zoning classification.
2.
Where the SC, Shopping Center Zone abuts any street right-of-way when parking is not to be provided between the right-of-way of such street and buildings, in which case there shall be a minimum setback requirement of twenty (20) feet.
C.
On the sides of a SC, Shopping Center Zone facing streets the development plan shall include planted parkways of not less than ten (10) feet in width. The presence of these parkways will aid in the integration of shopping centers into adjacent areas, and they will aid in keeping vehicular entrance and exit points to a minimum.
D.
On the sides of SC, Shopping Center Zones facing residential properties adequate screening shall be provided whereby the noise, light, and possible unsightliness of the developed center will be held to a minimum. A plan for screening shall be included as a part of the development plan for the shopping center.
5.34.06. Divided zones. For the purpose of calculating the zone width, lot dimensions, floor area ratios, percentage of lot covered by building, yard requirements and parking ratios, a single shopping center cannot lie on two (2) sides of a major public street. Any area designated as being zoned a SC, Shopping Center Zone and lying on both sides of a public street shall be deemed to be two (2) SC, Shopping Center Zones, and all minimum requirements shall be met by buildings on each side of said public street as separate zones. This requirement is included to prevent large movement of shoppers across a major street from parking areas to shopping areas.
5.34.07. Health department approval. The development plan shall not be approved until the metropolitan planning commission has a statement from the health department that the disposal system for sewage abides by standards of the health department.
5.34.08. Signs. As permitted by section 3.90, "Signs, billboards, and other advertising structures," of this resolution.
5.34.09. Off-street parking. As regulated by section 3.50, "Off-street parking requirements."
5.34.10. Administration.
A.
A development plan of the shopping center shall be submitted to the planning commission for approval as a use permitted on review.
B.
A revised development plan shall be submitted to the planning commission for approval of any changes, alterations, amendments, or extensions to the development plan. Approval of such changes may be granted if, in the opinion of the planning commission, the requested changes would be in keeping with the intent and provisions of this resolution.
C.
No building permit shall be issued for construction of any building on the land until the planning commission has approved the development plan and a statement of approval has been affixed.
D.
The building permit shall be revoked if construction of any part, or phase, of the development is not in compliance with the approved plans.
E.
Application for review and approval of WCF shall be subject to the provisions of article 4, section 4.92.
(Ord. No. O-96-1-102, § 1, 1-26-96; Ord. No. O-96-7-101, § 1, 8-26-96; Ord. No. O-01-2-103, § 1(Exh. A), 3-26-01; Ord. No. O-11-7-103, § 1(Exh. A), 8-22-11; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-13-8-103, § 1(Exh. A), 9-23-13; Ord. No. O-17-10-101, § 1(Exh. A), 11-20-17 )