(Ord. 70-07, passed 6-4-2007)

(Ord. 70-07, passed 6-4-2007)

(Ord. 70-07, passed 6-4-2007)

   (B)   A shopping center development may be established upon a tract of land in single ownership or under unified control, provided that a site development plan for a planned business center has been prepared, submitted and approved in accordance with this chapter.

(Ord. 70-07, passed 6-4-2007)

   (A)   Screening and Buffering Next to Residential Districts. All yards adjoining residential districts shall be provided with a year-round visual screen or barrier composed of evergreen and deciduous trees and shrubs. Where deemed necessary, the Planning Commission and the Architectural Review Board may require other planting or earth mounds or fences to supplement natural elements required by this Code of Ordinances in order to achieve a sufficient screening effect.

   (B)   Utilities. All utilities serving the buildings and site of a shopping center development, including electric and telephone installations and supporting equipment thereto, shall be placed underground or within main buildings on the site. Where such supporting equipment cannot be located within a main building, no such equipment shall be visible from any front, side or rear lot line. All pole lighting shall be approved by the Planning Commission.

(Ord. 70-07, passed 6-4-2007; Ord. 137-12, passed 9-17-2012)

   (B)   All buildings shall be set back from any main arterial street or highway at least 300 feet, except that the yard may be developed for parking facilities to within a minimum of 30 feet of the street line.

(Ord. 70-07, passed 6-4-2007)

(Ord. 70-07, passed 6-4-2007)

(Ord. 70-07, passed 6-4-2007)

(Ord. 70-07, passed 6-4-2007; Ord. 137-12, passed 9-17-2012)

      (1)   Survey. A survey of the property and topography, showing the land owned and proposed for development;

      (2)   Buildings. The location, size, height and use of all main and accessory buildings proposed to be situated on the lot;

      (3)   Traffic. The proposed system of circulation of vehicular traffic, including delivery trucks, details for connections to present streets, plans for assuring pedestrian access to and around the buildings; type of pavements; estimates of vehicular traffic volumes; and plans for control of traffic in and around the site;

      (4)   Utilities. The plans for all utility installations and connections and estimated requirements; and

      (5)   Parking Areas. A layout and estimate of the number of parking spaces, loading areas, design features, type of pavement, location and type of lighting fixtures, and proposed location of on-site drainage ways and storm water retention facilities for the development.

   (B)   Additional Information Required. In addition to the site development plan, the developer shall submit the following additional information in support of the application:

      (1)   A market analysis summary, including identification of the trade area of the proposed shopping center; trade area population, present and future; and net potential customer buying power for stores in the proposed shopping center;

      (2)   A financial report shall satisfy the Planning Commission as the financial responsibility of the proponent to carry the proposal to completion in full compliance with this chapter, including the source of construction funds, and information on leasing arrangements;

      (3)   A traffic study, which shall include an estimate of traffic volumes to be generated by the development and the assignment of traffic to proposed entrances and exits;

      (4)   Time schedule; and

      (5)   Substantiation of ownership, which shall include a certification of a title company that the record owners of the property, as represented on the application for the shopping center development, are correct.

   (C)   Review by City Departments; Action by Council. Upon receipt of a preliminary site development plan with supporting data for the development of a shopping center, the Secretary of the Planning Commission shall transmit a copy thereof to the appropriate departments within the city for their review, reports and recommendations. The appropriate city departments shall, within 30 days from receiving the preliminary site development plan and supporting data, provide and furnish to the Planning Commission their reports.

      (1)   Conditions. The Planning Commission may stipulate reasonable conditions on the shopping center development, or any portions of the shopping center development that may be in the public interests in a developer’s agreement that is acceptable, in form, to the City Law Director and approved by Council.

      (2)   Reports to Council. Within 60 days, unless extended for good cause, after a preliminary site development has been filed with the Secretary, the Planning Commission shall evaluate the plans and reports of the appropriate city departments and shall furnish to Council its detailed report and recommendations, in writing, with respect thereto. The report of the Planning Commission shall include a finding either that the preliminary site plan and supporting data comply with regulations, standards and criteria prescribed in this chapter for planning shopping centers applicable to the proposal, or a finding of failure to such compliance, and the Commission’s action that the preliminary plan is approved, disapproved or modified. If in any such evaluation the Planning Commission finds that any regulations, standards or criteria prescribed by this chapter are inapplicable because of the unusual conditions related to the shopping center or to the nature and quality of the proposed design, it may recommend to Council that an adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the city.

      (3)   Action by Council. Council, at not later than its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the preliminary site development plan, which hearing date shall be published in the local newspapers. Following the completion of such public

hearing, and review of any public input, Council shall then proceed to act upon the preliminary development plan.

   (D)   Final Plan; Information Required; Action by Council. Following affirmative action of the preliminary site development plan by Council, the Secretary of the Planning Commission shall notify the developer of such action and authorize him of her to proceed with the preparation of the final development plan of the shopping center.

      (1)   The final development plan shall contain all of the information required under the provisions of this chapter, as well as any other information requested by the Planning Commission and/or Council in their review of the preliminary site development plan.

      (2)   Within 60 days, unless extended for good cause, from the date on which the final development plan is filed with the Secretary, the Planning Commission shall review, approve or disapprove such plan. In order to approve such final development, the Planning Commission must first find that the proposed final development plan of a shopping center is in substantial compliance with the preliminary development plan heretofore approved; that it complies with all of the conditions which may have been imposed in the approval of the preliminary site development plan; that it is in compliance with the design criteria and provisions of this chapter which apply particularly to any plan of a shopping center, and that all applicable provisions of the subdivision regulations have been complied with.

   (E)   Approval.

      (1)   If the site development plan is not acceptable to both the Planning Commission and Council, based on the requirements and intent of this section, a revised site plan may be submitted.

      (2)   Only when final or revised final plans are acceptable to the City Council, having first received the recommendations of the Planning Commission, and any variances requested, shall final approval be given. In the event that the Planning Commission recommends that said final or revised final plans should not be accepted by the City Council, said plans shall only be approved upon the concurrence of at least two- thirds of the members of City Council.

      (3)   At any time after the approval of a site development plan, the owner may request a change, which request shall be subject to the same procedures and conditions of approval as the original application.

   (F)   Building and Occupancy Permits.

      (1)   No building permit shall be issued for the improvement of a parcel or any portion thereof, or for the erection of any building or structure in a C-5 District unless and until a site development plan has been approved by the Planning Commission and Council in accordance with this section. If and when any proposed site development plan has been approved, the Building Commissioner shall then issue the necessary building and other permits upon payment of the required fees and compliance with applicable codes.

      (2)   An occupancy permit shall be issued by the Building Commissioner, provided that the use, placement and dimensions of all buildings, exterior lighting fixtures, driveways, sidewalks, parking areas

and curb cuts, and the installation of landscaping, fences and walks, conform to the site development plan approved by the Council, as otherwise specified herein.

   (G)   Time Limitation for Commencing Construction. A building permit shall be secured and construction begun in accordance with the approved final site development plan within 12 months after the effective date of approval of such site development plan. An application may be made by the developer to the Planning Commission for not more than a six-month extension of the time limit for commencement of construction. If construction is not begun within the specified time limits, the approved site development plan shall become null and void.

(Ord. 70-07, passed 6-4-2007)

   (A)   Conformity to Site Plan. All buildings and grounds shall be designed, constructed and maintained as approved in the site development plan. All landscaping, sidewalks, pedestrian plazas, parking areas, and building exteriors shall be maintained free of any unsafe, unsightly or blighting conditions which deteriorate the appearance, character, safety, or value of the city or the surrounding area.

   (B)   Off-Street Parking. All off-street parking areas, including parking garages, shall be designed and constructed so as to provide safe, efficient and visually appealing parking facilities. Entrances, aisles and spaces shall be clearly controlled, marked, channeled and separated. Ends of aisles and drives shall be controlled with concrete curbs and landscape islands.

   (C)   Pedestrian Access. Restricted pedestrian access from the parking area to the building entrance shall be provided.

   (D)   Lighting. Floodlighting or other lighting of buildings, signs and parking areas shall be located and designed so as to shield the light source from adjoining residences and shall be of a constant intensity. In addition, in no event shall any lighting be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare so as to use glare or reflection that may constitute a traffic hazard or nuisance.

   (E)   Location of Entrances and Exits. Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access to street corners.

   (F)   Appearance. The architectural appearance of buildings shall be approved by the Planning Commission.

   (G)   Adult Entertainment Businesses. Notwithstanding anything contained in this chapter to the contrary, no person shall cause or permit the establishment of an adult entertainment business within one mile of a public or private school, preschool or day-care center, or within 1,000 feet of any residential zoning district, residential dwelling, church or park. For purposes of this division, distances shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building within which the adult entertainment business is located to the nearest residential district boundary lines, or to the nearest property lines of the premises of a public or private school, preschool, or day-care center or residential zone, residential dwelling, church or park.

(Ord. 70-07, passed 6-4-2007; Ord. 137-12, passed 9-17-2012)

(Ord. 70-07, passed 6-4-2007)