Zoneomics Logo
search icon

Apple Valley City Zoning Code

NEIGHBORHOOD CONVENIENCE

CENTER DISTRICT

§ 155.105 PURPOSE.

   NCC districts are located at the periphery of residential neighborhoods and are intended to provide a limited range of over-the-counter convenience retail and service uses to serve the daily and weekly needs of the adjoining residents.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.106 PERMITTED USES.

   Within any NCC district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council:
   (A)   Dairy, grocery or convenience store not to exceed 5,000 square feet of floor area;
   (B)   Class I or Class II restaurant, lunch counter or delicatessen facilities not to exceed 3,000 square feet of gross building floor area. No Class II fast- food restaurants or drive-through restaurant facilities may be separately located within any neighborhood center district;
   (C)   Offices for doctors, dentists, lawyers, realtors, insurance agents and similar uses to serve the adjoining residential area. Individual professional offices within the neighborhood center project shall not exceed 3,000 square feet in gross building area. The aggregate total of all professional office space within the project shall not exceed 25% of the gross building floor area within the project;
   (D)   Day-care centers; and
   (E)   Retail operations selling personal services or goods over the counter as limited to the following uses unless otherwise specifically approved by the City Council: antiques, art and school supplies, bakeries, barbershop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplies, catering establishments, china and glassware, clothes pressing, custom dressmaking, drugs, dry goods, florists, garden supplies, gifts, hardware, hats, hobby shops, household appliance repair, interior decorating studio (no retail furniture sales), jewelry and watch repair, laundry and dry cleaning, locksmith shops, musical instruments, paint and wallpaper, phonograph records and equipment, photography studio, shoes, sporting goods, tailoring, tanning salon, tobacco, toys, variety stores, video tape and equipment sales or rental, and wearing apparel.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.107 CONDITIONAL USES.

   Within any NCC district, no structure or land shall be used for the following use or uses deemed similar by the City Council, except by conditional use permit:
   (A)   Motor fuel sales as an accessory use to a dairy/grocery store operation; no motor vehicle repair facilities allowed;
   (B)   Buildings constructed with exposed vertical exterior finish materials other than those provided under § 155.346 when:
      (1)   The proposed materials represent the same or similar materials used on at least 66.7% of the existing buildings adjacent to the site;
      (2)   The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required; and
      (3)   Under no circumstances shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood, plain or painted plain concrete block or similar materials be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block.
   (C)   Hours of operation in excess of those listed in § 155.114; and
   (D)   Offices in excess of 3,000 square feet in gross building floor area or which exceed more than 25% of the gross building floor area within the project.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.108 ACCESSORY USES.

   Within any NCC district, accessory uses permitted in the LB district or uses deemed similar by the City Council shall be permitted.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.109 LOCATION OF NEW CENTERS.

   After the effective date of this chapter, new neighborhood business center zones shall have the following general characteristics:
   (A)   The center shall be contiguous to an existing arterial street or a neighborhood collector street with primary access from the neighborhood collector;
   (B)   The center shall be within six blocks of an existing transit route or park-and-ride route;
   (C)   The center shall be located at least ¾-mile from other existing convenience stores or zoned neighborhood centers;
   (D)   The center shall have at least two different uses or retailers; and
   (E)   The center shall have at least three gross acres of land.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.110 SITE DESIGN STANDARDS.

   (A)   The goal of design standards is to create a quality building and site design compatible with surrounding residential developments. To do this the city will regulate landscaping, building materials, signage, lighting, noise, storage, ratios of impervious materials coverage and access points for pedestrians and vehicles.
   (B)   Traffic circulation patterns and ingress and egress to the site shall be designed so as to minimize the impact on the adjacent neighborhood.
   (C)   The site shall be organized so that there can be a smooth flow of vehicles in and out of the site as well as easy access to the various activity areas. Acceleration and deceleration lanes and/or traffic medians shall be required where existing or anticipated heavy flows indicate need.
   (D)   Entrances and exits shall be placed in accordance with city requirements so as to minimize interference with off-site circulation patterns.
   (E)   Circulation at gas pumps shall not conflict with access to parking, interior vehicular circulation or access to and from public streets.
   (F)   Provision shall be made for emergency vehicle access and fire lanes adjacent to the building.
   (G)   Parking shall be provided in the quantities recommended by the city parking guidelines. Parking for convenience shopping centers shall be provided at a minimum of one space per 200 square feet of gross floor area. All parking areas shall be designed to city standards.
   (H)   Parking lots have having 15 or more spaces shall provide parking for the physically disabled. In addition, bicycle racks and motorcycle parking shall be provided.
   (I)   Bicycle parking should be provided near building entries, but shall not encroach into pedestrian walkways.
   (J)   Parking areas shall be screened from views of adjacent streets and residential areas through a combination of planting and berming. Walls of masonry material similar to and compatible with the primary building materials may also be used for screening parking and circulation areas.
   (K)   Loading/service areas shall be designed to include space for vehicle ingress and maneuvering. Service to underground tanks shall not conflict with the site access and shall be placed at least 100 feet from any residential property line. Loading and service shall only be done during normal business hours.
   (L)   Service and loading to the fronts of buildings may be permitted provided the rear of the building abuts a residential zoning district.
   (M)   Loading/service areas, refuse containers, and storage containers, located on the side or rear of buildings, shall be screened from view from adjacent streets and residential areas through the use of intensive six-foot high planting and/or opaque masonry screening walls. Masonry shall be the same material used on the exterior of the main structure.
   (N)   Outdoor storage and display shall be a prohibited use. All utility meters and services to the building shall be screened from view or contained within the building.
   (O)   Screening walls or fences shall be at least six feet in height, but not more than eight feet in height. Lower walls may be used to help screen parking and circulation areas.
   (P)   Fences or walls shall be constructed of a masonry material similar to and complimentary to the primary building material and architecture. (Chain link type fences with or without wood slats or other inserts shall not be an acceptable screening device.) Fencing shall not impair traffic safety by obscuring views of entering or exiting motorists.
   (Q)   Decorative or protective wrought iron type fences may be allowed when incorporated properly within a site plan.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.111 LANDSCAPING.

   (A)   The goal of these standards is to assure that neighborhood convenience centers present a landscaped appearance that is compatible with adjacent residential areas, and complementary to the image of the community as a whole.
   (B)   The minimum cost of landscaping materials for the project shall be 5% of the estimated building construction cost based on the current means construction data. For projects with a construction cost in excess of $500,000, the landscape plans, as required in § 155.349, shall be prepared by a landscape architect registered and licensed in the state.
   (C)   Plant materials, fences and walls shall be utilized to:
      (1)   Provide screening of undesirable views;
      (2)   Compliment the architectural form of the building;
      (3)   Define walkways, traffic circulation, special use areas, and building entries;
      (4)   Provide a pleasant street appearance;
      (5)   Soften the visual impact of large paved areas;
      (6)   Soften the edge between a parking lot or street and the building; and
      (7)   Mitigate the impacts of lighting or other negative influence.
   (D)   Landscaped islands within parking lots shall be provided for all parking lots in the neighborhood center. The total area of the islands shall be at least 5% of the parking lot area, except that no island shall be less than the size of a standard parking stall. In addition to the required tree planting in landscape islands, see § 155.349(D), ground cover within the island shall also be installed.
   (E)   The landscape treatment of the space abutting the public right-of-way shall include deciduous canopy trees in concert with berming or other screening devices to conceal parking and circulation areas.
   (F)   Planting beds, conifers and ornamental trees shall be used to accent entries and freestanding signage.
   (G)   Signage and identity structures shall be incorporated into the landscape design and shown on landscape or site plans.
   (H)   At least 75% of the “landscape area” shall be live plant material as opposed to walks, patios, and the like. Plant materials used in planting beds shall be sized to achieve a minimum of 50% bed coverage within two years of installation.
   (I)   Installation of trees and evergreens at larger than minimum city standards may be required by the city to achieve buffering or streetscape effect in some circumstances.
   (J)   The architectural design shall include plazas, patios, outdoor seating adjacent to building entries.
   (K)   Special paving materials (brick pavers, stamped concrete, paving stones, and the like) may be used to define pedestrian circulation through parking and vehicular circulation areas.
   (L)   Paths and sidewalks, a minimum five feet in width, shall be provided to assure that pedestrians can move safely and conveniently on the site and between the site and the neighborhood.
   (M)   In all turf and landscape areas, an in-ground landscape irrigation system shall be installed. The systems shall be considered a portion of the cost of the building (not the landscaping) and shall be inspected as part of the building construction.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.112 OUTDOOR LIGHTING.

   (A)   The goal of these guidelines is to allow outside lighting for the functional and security needs of the neighborhood convenience center, without adversely impacting adjacent properties.
   (B)   Lighting shall enhance the overall aesthetics of the site.
   (C)   Security lighting shall be provided, particularly at pedestrian walkways and all entries.
   (D)   Lighting standards and canopies shall be integrated with the architectural design of the buildings and shall be no more than 20 feet above finished grade. Detached canopies for gasoline sales shall be no more than 20 feet from finished grade to top of canopy. All exterior canopy materials shall match the color of the main building. Canopy support posts shall be enclosed in the same masonry materials utilized on the main entry face of the building. Light sources (other than signs) attached to canopies shall be concealed on the underside of the canopy, either built into the canopy ceiling or contained within concave lens illumination boxes which cast light vertically to the surface of the pavement.
   (E)   Exterior speakers may be used for required fire and safety purposes only. No advertising or entertainment broadcasting shall be permitted through exterior speakers mounted on the exterior of neighborhood convenience center building or auxiliary structures.
   (F)   Light sources (light bulbs) shall not be visible from adjacent properties and shall not project a glare on to adjacent properties. They shall be shielded to reflect light down onto the ground and not out onto the streets or neighboring property.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.113 ARCHITECTURAL FORM, SCALE AND MATERIALS.

   (A)   The goal of these guidelines is to assure that neighborhood convenience centers present an architectural appearance that is visually compatible with adjacent residential areas, and complementary to the image of the community as a whole.
   (B)   The scale of buildings or canopies shall be at an appropriate scale in relationship to the residential neighborhood to prevent domination that may overpower the surrounding area in height or building mass. Buildings shall not be greater than 25 feet in height. A building massing model shall be required as per § 155.402.
   (C)   Forms and finish masonry or wood materials or buildings, signage, gasoline pump canopies and other accessory structures shall be made compatible with and relate to the architectural character of the adjacent area. The design shall adhere to the commercial building requirements of § 155.346, except that natural wood products may be used on a maximum of 50% of the building’s vertical walls.
   (D)   Sloped roofs shall be utilized on the main structure.
   (E)   Mechanical equipment on building exteriors, roofs or parking areas shall be screened from view from all public streets and adjoining properties.
   (F)   Trash shall be screened and enclosed in masonry faced enclosures or shall be stored completely within the main structure.
   (G)   Vending machines shall be architecturally designed into the exterior face of the building. Vending machine and other exterior equipment shall not be stored or installed on the sides or rear of the building, parking or landscaped area abutting residentially zoned or developed property. No equipment or vending devices shall be placed or installed on any landscaped area, nor forward of the front building face.
   (H)   A vestibule with exterior moveable walls attached to the principal portion of a building in which product display or sales are intended is permitted under the following conditions:
      (1)   The vestibule containing the exterior moveable walls must be a permanent structure and attached to the principal building in accordance with the requirements of the building code;
      (2)   The vestibule containing the exterior moveable walls shall have a roof in accordance with the requirements of the building code;
      (3)   The exterior moveable walls shall be closed and secured when the building is closed for business;
      (4)   The vestibule supporting the exterior moveable walls shall be architecturally compatible with the principal portion of the building;
      (5)   Exterior moveable walls shall not be adjacent to a residential lot boundary;
      (6)   A minimum six-foot wide sidewalk is required adjacent to the building for pedestrian circulation; and
      (7)   Only merchandise for sale may be displayed or kept within the vestibule area. No merchandise may be displayed on or upon pallets, within shipping containers or other similar freight-handling equipment.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90; Am. Ord. 684, passed 10-12-00)

§ 155.114 HOURS OF OPERATION.

   For projects which are within 1,000 feet of a residentially zoned area, the hours of operation shall be prohibited between 1:00 a.m. and 6:00 a.m. All deliveries and loading shall be done during normal hours of operation.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)

§ 155.115 PHASING OF IMPROVEMENTS.

   If a center is to be built in phases, each phase shall include an appropriate share of the proposed streets, landscaping, circulation system, parking, screening and other site and architectural amenities of the entire project. The extent of these improvements shall be determined for each phase of a specific project at the time of preliminary approval, and may not be based solely upon a proportional or equal share of the entire site. Requirements for a phased project may include off-site improvements.
(‘81 Code, § A1-35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10-12-89; Am. Ord. 471, passed 1-11-90)