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Hapeville City Zoning Code

ARTICLE 7

- N-C ZONE NEIGHBORHOOD COMMERCIAL

Sec. 93-7-1.- Intent.

Because of the recognized need to conserve and increase the city's housing stock and to encourage the development of commercial communities which integrate with and serve adjacent neighborhoods, the N-C zone is established to:

(1)

Encourage the establishment of neighborhood-oriented retail and service facilities near established residential areas.

(2)

Conserve the city's housing supply.

(3)

Encourage a pedestrial and neighborhood orientation of the commercial area.

(4)

Discourage land uses which are automobile and regional oriented.

(5)

Encourage the development of a visually organized and unified commercial district which demonstrates a visual and functional relationship to the adjacent residential area.

(Code 1981, § 8-5-85; Ord. No. 81-4, § 3, 8-4-1981)

Sec. 93-7-2. - Permitted uses.

(a)

The following uses are permitted within the N-C zone:

(1)

All uses permitted in the C-1 zone.

(2)

Child day care facilities.

(3)

Group homes, subject to the restrictions in section 93-2-19.

(4)

Adult daycare facilities.

(5)

Credit unions.

(6)

Food stores.

(7)

Hardware stores.

(8)

Laundromats and dry cleaners.

(9)

Public, private and parochial schools operated for the purpose of instructing in elementary and high school general education subjects. In addition, other schools are allowed subject to a finding by the planning commission that the proposed method of establishment and operation would not adversely impact the use and enjoyment of surrounding properties.

(10)

Real estate offices.

(11)

Existing single-family dwellings which were originally designed for that purpose.

(12)

Existing multifamily dwellings which were originally designed for that purpose.

(13)

Any use existing within the N-C zone at the time the N-C zone was adopted may be extended or enlarged, provided that an application for such extension or enlargement is prepared and submitted in accordance with the provisions of subsection (b) hereof, and further provided that there is a determination by the planning commission that the proposed extension or enlargement would have no material additional adverse impact on the N-C zone.

(b)

Applicants for building permits within this zone must submit to the building official, for review and approval by the planning commission, a written application specifying the proposed use and containing a plan, drawings, information and reports as may be reasonably required to determine whether or not the proposed use and its proposed method of establishment and operation would comply with the intent provisions of section 93-7-1.

(c)

Upon a finding by the planning commission that the proposed use and its proposed method of establishment and operation would comply with the intent provisions of the N-C zone, a building permit for such use shall be issued. In the absence of such finding by the planning commission, a building permit for the proposed new use shall not be issued.

(Code 1981, § 8-5-86; Ord. No. 81-4, § 3, 8-4-1981; Ord. No. 82-7, 5-4-1982; Ord. No. 83-5, 5-3-1983; Ord. No. 84-8, 11-6-1984; Ord. No. 2015-15, § 8, 8-4-2015)

Sec. 93-7-3. - Nonpermitted uses.

The following uses, while permitted in other areas within the city, are not permitted in the N-C zone:

(1)

Reserved.

(Ord. No. 2015-15, § 8, 8-4-2015)

Sec. 93-7-4. - Special uses.

The following uses require a special use permit, in accordance with sections 93-3.2-5 and 93-3.2-6, in any N-C zone:

(1)

Nursing homes.

(2)

Personal care homes, subject to the restrictions in section 93-2-20.

(Ord. No. 2015-15, § 8, 8-4-2015)