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Heath City Zoning Code

CHAPTER 1195

Neighborhood and Community Development Centers

1195.01 MINIMUM AREA.

   The owner of a tract of land located in any district and containing not less than two acres in the case of a neighborhood development center and not less than ten acres in case of a community development center, may submit to the Planning Commission for its review a preliminary plan for the use and development of such tract of land for an integrated development center.
(Ord. 21-67. Passed 12-4-67.)

1195.02 COMMISSION FINDINGS.

   In accepting such a plan for review the Commission shall investigate and ascertain the following:
   (a)   That the proposed development center is adequate but not excessive in size for the population which may reasonably be expected to be served by such center.
   (b)   That the proposed development center is at a location where traffic congestion does not exist at present on the streets to be utilized for access, and where such congestion will not likely be created by the proposed center; or where such congestion will be obviated by proposed public improvements of access thoroughfares and by appropriate provisions in the development center plan for proper entrances and exits and internal facilities for traffic circulation and parking.
   (c)   That the plan provides for a development center consisting of one or several groups of establishments in buildings of integrated and harmonious design together with properly arranged facilities for traffic and parking, landscaping and other features which tend to create an attractive and efficient development center, convenient, pleasant and safe to use, which would harmoniously fit into and have no appreciable adverse effects on the adjoining or surrounding development.
      (Ord. 21-67. Passed 12-4-67.)

1195.03 PERMITTED USES.

   (a)   The uses permitted in a neighborhood development center shall be those retail business, commercial and service uses permitted in the B-1, B-2 and B-3 Districts.
   (b)   No residential, heavy commercial or industrial uses shall be permitted, or any use other than a use necessary or desirable to supply with goods or services the surrounding neighborhood or community, as the case may be.
(Ord. 21-67. Passed 12-4-67.)

1195.04 STANDARDS.

   The following minimum standards shall be observed in the design of neighborhood or community development centers:
   (a)   Building Heights. No building shall exceed two and one-half stories or thirty-five feet in height.
   (b)   Yards. No building shall be less than fifty feet distant from any boundary of the tract on which the development center is located. The center shall be permanently screened from all adjoining properties located in any residential district by a solid wall or fence or compact hedge not less than four feet in height. Such screen shall be placed at least five feet from the property line and the space between such property line and the screen shall be properly landscaped and maintained.
   (c)   Tract Coverage. The ground area occupied by all the building of the center shall not exceed in the aggregate twenty-five percent (25%) of the total area of the lot or tract.
   (d)   Parking Space. Any other requirements of the Zoning Ordinance notwithstanding, there shall be provided at least two square feet of off-street parking area, including driveways for every square foot of total rental floor space, not including basement storage and three square feet of off-street parking area for every square foot of total rental floor space, not including basement storage space in an integrated community development center.
   (e)   Loading Space. Any other requirements of the Zoning Ordinance notwithstanding, there shall be provided one off-street loading or unloading space for each 10,000 square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third of the space required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
   (f)   Illumination. Accessways and parking areas shall be lighted adequately within mushroom type lighting fixtures which shall be so installed as to reflect light away from adjoining properties.
   (g)   Signs. Subject to express approval by the Commission, all signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, to avoid excessive advertising and to ensure a harmonious appearance to the center as a whole. In a neighborhood development center, all signs shall only be indirectly illuminated with white light; in both a neighborhood or community development center, all signs shall conform to the distance requirements from property lines established for the buildings in the center.
      (Ord. 21-67. Passed 12-4-67.)

1195.05 FINAL DEVELOPMENT PLAN.

   Upon determination by the Commission that the proposed neighborhood development center or community development center, as the case may be, as shown by the preliminary plan, appears to conform to the requirements of this chapter and all other applicable requirements of the Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate the changes or modifications, if any, required by the Commission.
(Ord. 21-67. Passed 12-4-67.)

1195.06 RECOMMENDATIONS TO COUNCIL.

   If the final development plan is found to comply with the requirements set forth in this chapter and other applicable provisions of the Zoning Ordinance, the Commission shall submit such plan with its report and recommendations, together with the required application by the proponents of the necessary change in zoning classification of the site of the proposed center, to Council, which shall hold a public hearing on both the development plan and application for a change in zoning.
(Ord. 21-67. Passed 12-4-67.)

1195.07 REZONING.

   Following such public hearing, Council may modify the plan, consistent with the intent and meaning of this Zoning Ordinance, and may rezone the property to the classification permitting the proposed center, for development in substantial conformity with the final plan, as approved by Council.
(Ord. 21-67. Passed 12-4-67.)

1195.08 ADJUSTMENTS.

   After the final development plan has been approved by Council, and in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, loading 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 Zoning Ordinance, such adjustments or rearrangements may be authorized by the Commission.
(Ord. 21-67. Passed 12-4-67.)