North Royalton City Zoning Code

   Office Building, Local Business, General Business, Motorist Service and Shopping Center Districts and their regulations are established herein in order to achieve among others, the following purposes:

   (a)   To provide in appropriate and convenient locations zoning districts of sufficient size for the exchange of goods and services and other business activities;

   (b)   To provide Office Building Districts devoted exclusively to professional services, banking and other similar financial services and the management of commercial, industrial, public and semipublic institutions;

   (c)   To provide Local Business Districts to serve the needs for convenience goods in proximity to the immediate neighborhood which do not attract large volumes of traffic;

   (d)   To provide General Business Districts which require larger land areas, which may be open in the evening and which generate large volumes of traffic serving the needs for shopping and convenience goods and services of the entire community;

   (e)   To provide Motorist Service Districts in proximity to the intersections of major arterial streets and freeway interchanges to serve the personal needs of the motorist and provide facilities for the servicing of vehicles;

   (f)   To establish criteria and procedures for planned business areas so they may be coordinated with surrounding developments;

   (g)   To provide Shopping Center Districts where compatible business facilities with functional relationships will be planned, organized and grouped in a unified arrangement of buildings and service facilities, all designed on a designated area of sufficient dimensions to satisfy all off-street parking demands and located along major arterial streets where the traffic generated by such development can be accommodated in a manner that the public health, welfare and safety of the surrounding area will be maintained.

   (h)   To protect adjacent residential neighborhoods by regulating the types and spacing of business uses, particularly at the common boundaries, which could create hazards, noise, odors or other objectionable influences; and

   (i)   To promote the most desirable land use and traffic patterns in the City of North Royalton.

(Ord. 1988-173. Passed 10-17-88.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Office Building Districts only for the following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with Chapter 1286.

   (a)   Main Buildings and Uses Permitted.

      (1)   Professional, financial, governmental, public utility, executive and administrative, and sales offices, provided that only samples are displayed or stored on the lot and that no goods are distributed therefrom, except that the sale of samples or unique items not generally offered for sale in retail-type establishments, that would by their nature not create an atmosphere of a usual retail sales operation, nor the vehicular traffic associated with such sales, may be permitted, provided a conditional use permit is granted in accordance with the standards set forth in Section 1262.07; and

      (2)   Medical offices, including clinics.

   (b)   Similar Main Uses Permitted. Any other office use not listed above or in any subsequent use classification determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.

   (c)   Accessory Uses Permitted. Any accessory use which is incidental to the main uses, provided that it is planned and developed integrally with the main building and that it has no injurious effect on adjoining use districts, such as:

      (1)   Storage garages and off-street parking areas for employees and customers as required in Chapter 1282.

      (2)   Maintenance and storage facilities, if provided within the main building.

      (3)   Employee lunch rooms; restaurants, provided they do not exceed ten percent of the gross floor area of the building.

      (4)   Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.

      (5)   Pharmacies, which may be included as part of a medical building or clinic.

      (6)   Newsstands, salons, barber shops or other uses commonly occurring in an office building provided that the aggregate of such use does not exceed thirty percent of the leasable square footage of the building.

      (7)   Child day care centers, provided they do not exceed ten percent of the gross floor area of the building.

      (8)   Other uses which are developed integrally and are essential to the successful operation of the main use.

(Ord. 1988-173. Passed 10-17-88; Ord. 92-294. Passed 1-19-93; Ord. 14-128. Passed 12-2-14; Ord. 15- 72. Passed 9-15-15.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Local Business Districts only for the following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of Chapter 1286.

      (1)   Professional, financial, governmental, medical, public utility, sales, executive and administrative office buildings and offices, practice of veterinary medicine and animal hospital (conducting wholly within an enclosed building), provided that no kennels, boarding facilities, or animals are housed on the premises, except for the medical purposes only and not to exceed to the extent medically necessary, adult day care centers and child day care centers; and

      (2)   Retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs to the following limited extent.

         A.   Retail sales.

            1.   The sale of baked goods, confectionery, groceries, meats, fruits, vegetables, dairy products and packaged beverages;

            2.   The sale and serving of all food, soft drinks, juices and ice cream and all beverages and eating places of all types, including those with dancing and live entertainment; places selling and serving alcoholic beverages, State liquor stores and drive-in establishments, if a conditional use permit is granted by the Planning Commission in accordance with the standards set forth in Section 1262.07;

            3.   The sale of drugs, gifts, antique and art goods, flowers, books, jewelry, pets and supplies (with the exclusion of kennels), periodicals, musical instruments and supplies (provided that no loudspeakers broadcast onto the street) and sporting and athletic goods;

            4.   The sale of wearing apparel, shoes and hats; variety stores; and

            5.   The sale of hardware, tools, paint, wallpaper, garden supplies and household appliances.

         B.   Services.

            1.   Personal services such as beauty and barber shops and interior decorating;

            2.   Laundry agencies and laundromats; tailor, pressing and dry cleaning shops in which only nonexplosive and nonflammable solvents are used, provided that no work shall be done on the premises for retail outlets elsewhere;

            3.   Repair services such as those for household appliances, shoes and hats, radios and televisions;

            4.   Automotive services and maintenance, excluding major repair and/or service station for sale of gas and accessories, as provided for in paragraph (a)(2)B.5. and (a)(2)B.6. hereof; and

            5.   Major repairs by an automotive service, provided that a conditional use permit is granted in accordance with the standards set forth in Sections 1262.07 and 1276.12. Major repairs may include, but are not limited to, spray painting; body work; clutch, transmission, axle, spring and frame repairs; and major engine overhaul.

            6.   Automobile service station for sale of gas and accessories, provided that a conditional use permit is granted in accordance with the standards set forth in Sections 1262.07 and 1276.12.

      (3)   Retail sales in open yards shall be permitted to the following limited extent: garden equipment and supplies, garden furniture, nursery stock and monuments may be sold on an open lot, provided that the operation is in connection with an established related business conducted within a store building or retail greenhouse on an adjoining lot, and provided, further, that sales in open yards are not within the minimum setback line or within yards adjacent to Residential Districts as established in Section 1276.09.

   (b)   Similar Main Uses Permitted. Any neighborhood retail store, shop or service not listed above or in any subsequent use classification, and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.

   (c)   Accessory Uses Permitted. Any accessory use, such as the enclosed storage of goods or processing operations which are clearly incidental to conducting a retail business, office or service establishment which is permitted as a main use, provided that such a use has no injurious effect on adjoining districts.

      Other accessory uses shall include:

      (1)   Accessory off-street parking and loading facilities as required in Chapter 1282; and

      (2)   Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.

      (1)   The parcel is of sufficient size to fulfill the requirements set forth in Section 1276.07;

      (2)   The size of resident units complies with state licensing requirements;

      (3)   The maximum number of resident units in the nursing home or assisted living facility should be determined based on the minimum setback requirements and height regulations for buildings in Local Business Districts set forth in Section 1276.09 and 1276.10 respectively, provided that the Planning Commission determines there is sufficient floor area in the facility devoted to common areas such as but not limited to common dining room, laundry facilities, meeting rooms and/or lounges;

      (4)   The public or private open space shall not be less than 30% of the gross area of the parcel. “Open space” shall be defined as land unoccupied by buildings, hard surface paving, including driveways, streets and parking areas. “Open space” includes pedestrian walks, publicly accessible plazas, or areas planted with grass, ground cover, landscape material, trees or natural vegetation, parks located in the median of boulevards within the development and retention basins that are designed. Open space may be used for outdoor dining, retail kiosks, entertainment and public art;

      (5)   Nursing homes and assisted living facilities are designed in a manner that breaks down the mass of building(s) to avoid the appearance of an institutional use. Where this is not possible, facade treatment, exterior detailing and landscaping should be provided to relieve extensive blank surfaces;

      (6)   Provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07.

(Ord. 1988-173. Passed 10-17-88; Ord. 90-150. Passed 7-31-90; Ord. 10-144. Passed 1-18-11; Ord. 15- 72. Passed 9-15-15; Ord. 15-95. Passed 11-4-15; Ord. 16-112. Passed 9-6-16.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in General Business Districts only for the following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of Chapter 1286.

   (a)   Main Buildings and Uses Permitted.

      (1)   Offices, stores, services and other use classifications as permitted in Local Business Districts.

      (2)   Additional retail business stores and services conducted wholly within enclosed buildings and devoted to supplying the retail business needs of the community to the following extent:

         A.   Retail sales.

            1.   The sale of all food; frozen food lockers;

            2.   The sale and serving of all beverages, and eating places of all types, including those with dancing and live entertainment; places selling and serving alcoholic beverages, State liquor stores and drive-in establishments, if a conditional use permit is granted by the Planning Commission in accordance with the standards set forth in Section 1262.07;

            3.   The sale of all general merchandise and dry goods; variety and department stores;

            4.   The sale of all hardware, appliances, china, furniture, floor and wall coverings, business equipment, music, radios and televisions, provided that no loudspeakers broadcast onto the street;

            5.   The sale of bicycles, motorcycles, boats, outboard motors, sport and athletic equipment and pet shops;

            6.   Wholesale offices and show rooms, with storage limited to samples; and

            7.   Automotive sales and services; repair and service garages and used automotive sales lots only if accessory and immediately adjacent to buildings used for the sale of new motor vehicles.

         B.   Services.

            1.   Custom work shops for the making of articles to be sold only at retail on the premises;

            2.   Personal service establishments;

            3.   Photographic developing, blueprinting, letter printing, job and newspaper printing, radio and television stations, transmittal towers, telephone exchanges and utility distribution substations;

            4.   Bus passenger stations and taxi stations;

            5.   Amusement and recreational services, such as assembly and meeting halls, billiard halls, bowling alleys, dance halls, indoor theaters, ice and roller skating rinks, and other social, fraternal, sport or recreational establishments, provided that they are conducted within an enclosed building and are sufficiently sound insulated to confine the noise to the premises; and

            6.   Mortuaries.

      (3)   Retail sales and services in open yards shall be permitted to the following extent: automotive sales of new and used motor vehicles, provided that the operation is in connection with a new car sales agency located on an immediately adjacent lot, that all vehicles and advertising are located behind the minimum front yard setback and that the front yard is landscaped and maintained attractively, and provided, further, that applicable requirements of Section 1276.09 are met.

   (b)   Similar Main Uses Permitted. Any general business store, shop or service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.

   (c)   Accessory Uses Permitted. Any accessory use, such as the enclosed storage of goods or processing operations, which is clearly incidental to conducting a retail business, office or service establishment or other permitted main use, provided that such an accessory use has no injurious effect on adjoining Residential Districts.

      (1)   Accessory off-street parking and loading facilities as required in Chapter 1282.

      (2)   Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.

(Ord. 1988-173. Passed 10-17-88.)

   (d)   Conditional Uses Permitted. On parcels in the general area west of York Road, north of State Route 82 and south of Wallings Road, having frontage on York Road, office buildings only are permitted to heights of sixty-five feet, provided that the General Business zoned parcel(s) are of sufficient lot size to fulfill the requirements set forth in Section 1276.09(a) (footnotes (b) and (c)), and provided that all other building criteria required by this Zoning Code are met and provided that a conditional use permit is granted in accordance with the standards set forth in Section 1262.07.

(Ord. 96-163. Passed 10-15-96; Ord. 15-95. Passed 11-4-15.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Motorist Service Districts only for the following uses. Residential uses shall not be permitted. However, dwellings existing within the District on the effective date of this Zoning Code may continue to be used in accordance with the provisions of Chapter 1286.

   (a)   Main Buildings and Uses Permitted.

      (1)   Automotive facilities; service stations for the sale of gasoline, oil and auto accessories, lubrication, washing and minor repair within enclosed buildings in accordance with Sections 1276.03(a)(2)B.4. and 1276.12;

      (2)   Lodging facilities, including hotel and motel accommodations for the traveling public;

      (3)   Eating and drinking establishments, such as restaurants, snack bars and lounges; drive-in restaurants as individual establishments or in conjunction with other uses permitted in this District; and

      (4)   New car and car trailer rental, provided that all applicable requirements of Section 1276.09 are met.

   (b)   Similar Main Uses Permitted. Any motorist service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.

   (c)   Accessory Uses Permitted.

      (1)   Off-street parking and loading facilities as required in Chapter 1282.

      (2)   Business, directional and project signs, subject to the regulations set forth in Chapter 1284.

(Ord. 1988-173. Passed 10-17-88.)

   In any Office Building, Local Business, General Business or Motorist Service District, a zoning lot shall be used for only similar main uses provided. However, any existing dwelling located within such Districts on the effective date of this Zoning Code may also have, as an accessory use, a residential/professional office or home occupation as provided in Sections 1270.03 and 1270.31.

(Ord. 1988-173. Passed 10-17-88.)

   In all Business Districts, buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule:

   Schedule of Minimum Lot Area and Width Requirements

 

(Ord. 1988-173. Passed 10-17-88; Ord. 16-112. Passed 9-6-16.)

   Whenever required accessory off-street parking facilities are proposed to be located on a parcel other than the one occupied by the main building served, the Planning Commission may require a copy of the agreements covering such an arrangement as set forth in Section 1282.07.

(Ord. 1988-173. Passed 10-17-88.)

   In all Business Districts, buildings and land shall abut a dedicated street for the required lot width, and shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule of regulations:

   (a)   Schedule of Yards and Setbacks for Business Uses. In Business Districts, yard and setback dimensions shall be not less than those set forth in the following schedule.

   SCHEDULE OF MINIMUM YARD AND SETBACK DIMENSIONS

 

   (b)   Supplementary Yard Regulations. Yards may be used for off-street parking, loading, traffic circulation, illumination, landscaping and signs as regulated in other sections of this Zoning Code.

      (1)   Front yards. For buildings and uses, front yard setbacks shall not be less than as established in the schedule set forth in subsection (a) hereof, and no structure shall be erected in front of such a front yard setback line unless specifically modified in supplementary regulations. The front yard shall not be used for any purpose except for off-street parking, signs, landscaping or access drives.

         A.   Wherever parking areas are proposed in front yards, the Planning Commission may require, as a condition of approval, that a front yard depth greater than that set forth above is deemed proper to relate the proposed structures to surrounding developments. Where parking is permitted in front yards, a concrete curb or precast barrier shall be erected along the parking area, and the front yard between such line and the public right of way shall be a minimum of twenty feet, landscaped and maintained attractively. The open air parking or storage of vehicles for sale or rent shall not be permitted within the minimum front yard setback.

         B.   Service station buildings shall be located not less than seventy-five feet from the nearest street right-of-way line, and shall be separated from said line by a fifteen-foot landscaped area. However, gasoline pumps, if constructed and operated as a part of a service station or garage, may be erected in front of the established building line, but not less than thirty-five feet from the front lot line. All driveways, platforms and curbs of the service stations, whether located on a City street, County road or State highway, shall be designed in accordance with the latest revision of the Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways Under State Jurisdiction in Ohio, adopted by the Ohio Department of Transportation.

         C.   Along Royalton Road, the minimum setback for all Business Districts shall be 100 feet for buildings and fifty feet for parking, as measured from the centerline of the street, or as provided in the schedule set forth in subsection (a) hereof, whichever is greater.

      (2)   Side yards generally. Whenever two business buildings are located adjacent to each other and have one or more party walls and a common roof with one or more similar buildings, but are individually owned, there shall be no side yards required. Individual business buildings shall be separated not less than ten feet from the nearest business building.

      (3)   Side yards on corner lots. Whenever a business building is located on a corner lot, the width of the side yard on the side street shall be not less than seventy-five feet for major arterial streets, fifty feet for collector streets and thirty-five feet for local collector and local streets. However, a service station building on a corner lot shall be set back not less than seventy-five feet from the side street right-of-way line.

      (4)   Yard screening and landscaping. Wherever a business building is located, a side or rear yard of not less than the dimensions set forth on the schedule provided in subsection (a) hereof shall be provided on the business lot. In addition, the Planning Commission may require a wall or solid fence of five to seven feet in height placed at least ten feet inside the Business District boundary line to reduce the visual encroachment of business buildings, signs and activity and to shield adjacent areas from parking lot illumination, headlights, fumes, heat, blowing papers and dust. The area between such wall or fence and the property line shall be planted with a screen of evergreen and deciduous trees or shrubs to create a year-round visual barrier. All areas not covered by buildings or pavement shall be landscaped.

         The Planning Commission may waive the requirement for a wall or fence if equivalent screening is provided by existing or planned parks, parkways or recreation areas or by topography or other natural conditions. All areas required to be landscaped shall be planted within six months from the date of issuance of a certificate of occupancy and thereafter shall be reasonably maintained. All landscaping plans shall be submitted to the Planning Commission for review and approval and shall be prepared in accordance with Chapter 1288.

      (5)   Parking setback from buildings. In all Business Districts, a five-foot parking setback from any office or commercial building shall be required.

(Ord. 1988-173. Passed 10-17-88; Ord. 96-164. Passed 10-15-96; Ord. 16-112. Passed 9-6-16.)

   The height of any main or accessory building in any Local Business District or Motorist Service District shall not exceed thirty feet. Further, the height of any main or accessory building located in any Office Building District or General Business District shall not exceed thirty feet where adjoining a Residential District; and the same shall not exceed fifty feet where adjoining a nonresidential district. As used in this section, "adjoining" means having a side lot line or a side and rear lot line in common, but not where only rear lot lines adjoin.

   All dormers, stairwells, elevator shafts, air conditioning units or other similar structures or equipment extending above the roof line of a building shall be provided with a solid cover, with a design conforming to the architectural style and materials of the building, and shall extend no more than ten feet above the height of the building.

(Ord. 1988-173. Passed 10-17-88.)

   In a Motorist Service District, no access street or driveway shall be located less than 600 feet from the intersection of any freeway ramp, except that access to an existing residential use may be continued for the duration of such use.

   Access driveways shall be spaced not less than 100 feet on center. Whenever possible, an access driveway not more than eighteen feet wide shall be located along the side lot line to allow the joint development of an access driveway a maximum of thirty-six feet wide when two adjoining lots are developed.

   The apron portion of access driveways shall be defined by a poured concrete or bituminous concrete curb with a minimum twenty-foot radius. Such curb shall be continued or another suitable barrier shall be provided along the arterial street frontage between access points to prohibit unchanneled vehicular ingress or egress.

(Ord. 1988-173. Passed 10-17-88.)

   Notwithstanding any of the provisions of this chapter, any individual, company or corporation intending to establish an automotive service station shall submit to the Planning Commission the following information:

   (a)   A market analysis which shall appraise the existing and projected buying power for goods and services as related to the proposed service station; and

   (b)   Data on existing and projected traffic volumes and patterns in proximity to the proposed station.

(Ord. 1988-173. Passed 10-17-88.)

   In order to supplement the regulations and criteria of this Zoning Code, the Planning Commission may prepare area plans for the construction, completion or rehabilitation of any business area or for coordinating the proposed development with surrounding areas. Such designs may include, but are not limited to, the Planning Commission's recommendations on the use, location, bulk and general design of buildings; the relationship of buildings to each other and to yards and other open spaces; the location and width of streets and pavements; the location, width and control of accessways to major streets and to parking and loading areas; pedestrian ways, paved areas, landscaped planting, exterior lighting, signs, street furniture and other exterior and landscape features.

   Such area plans shall be developed in accordance with the criteria set forth in this chapter and any other applicable provisions of this Zoning Code. After such plans are duly adopted by the Planning Commission and Council, they shall be construed as being a part of this Zoning Code, and any new construction, additions to or rebuilding of such a business area, or parts thereof, shall be in substantial compliance therewith.

(Ord. 1988-173. Passed 10-17-88.)

   Site development plans shall be prepared by the developer for all proposed developments in any Office Building, Local Business, General Business or Motorist Service District, which plans shall be submitted to the Planning Commission for review and approval.

   If the site development plan is found by the Commission to be in compliance with the requirements of the applicable district and all other applicable provisions of this Zoning Code, the Commission shall approve such development plan within forty days from the date of the meeting when all required plans and data have been received. If such plan is not found to be in compliance with the foregoing, the Planning Commission may recommend revisions to be made by the developer.

   After Planning Commission approval, the developer may apply for a building permit which shall be issued by the Building Inspector if the building plans are found to comply with the Building Code of the City.

(Ord. 1988-173. Passed 10-17-88.)

   Signs in Office Building, Local Business, General Business and Motorist Service Districts shall be designed, erected, altered, moved or maintained, in whole or in part, in accordance with Chapter 1284.

(Ord. 1988-173. Passed 10-17-88.)

   Parking in any Business District shall be in accordance with Chapter 1282.

(Ord. 1988-173. Passed 10-17-88.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in Shopping Center Districts only for the following uses.

   (a)   Main Buildings and Uses Permitted. Offices, stores, services and other use classifications as permitted in General Business Districts, except dwellings, drive-in eating establishments, repair and service garages, auto dealerships, transmittal towers, telephone exchanges, transformer stations, bus passenger stations and sales in open yards.

   (b)   Similar Main Uses Permitted. Any general business store, shop or service not listed above or in any subsequent use classification and determined as similar by the Planning Commission in accordance with the standards set forth in Section 1262.08.

   (c)   Accessory Uses Permitted. Any accessory use, such as the enclosed storage of goods or processing operations, which is clearly incidental to conducting a retail business, office or service establishment or other permitted main use, provided that such an accessory use is compatible with contiguous office, retail and service establishments.

      (1)   Accessory off-street parking and loading facilities as required in Chapter 1282.

      (2)   Business, professional nameplate, directional, real estate and project signs, subject to the regulations set forth in Chapter 1284.

(Ord. 1988-173. Passed 10-17-88.)

   The minimum lot area in Shopping Center Districts shall be as follows:

   (a)   Neighborhood Shopping Center. Five acres.

   (b)   Community Shopping Center. Twenty acres.

(Ord. 1988-173. Passed 10-17-88.)

   In Shopping Center Districts, notwithstanding any other provisions of this Zoning Code, the land area occupied by main and accessory buildings shall not be more than twenty-five percent of the total area of the parcel being developed.

(Ord. 1988-173. Passed 10-17-88.)

   In Shopping Center Districts, minimum yard and setback dimensions for main and accessory building use shall be as follows:

   (a)   Offices, Stores, Services, Amusement and Recreation.

      (1)   Front yard setback from the right of way.         150 feet

      (2)   Side yard setback.

         A.   Abutting a Residential District.         100 feet

         B.   Abutting a nonresidential district.         50 feet

      (3)   Rear yard setback.

         A.   Abutting a Residential District.         100 feet

         B.   Abutting a nonresidential district.         50 feet

   (b)   Minimum Landscaped Area. The land area to be occupied by a shopping center shall have a minimum of ten percent of the area devoted to landscaping.

   (c)   Parking Areas.

      (1)   Front yard setback (from the right of way).         25 feet*

       (2)   Side yard setback

         A.   Abutting a Residential District.         30 feet

         B.   Abutting a nonresidential district.         10 feet

      (3)   Rear yard setback.

         A.   Abutting a Residential District.         30 feet

         B.   Abutting a nonresidential district.         10 feet

      *Except along Royalton Road, where the setback shall be fifty feet.

(Ord. 1988-173. Passed 10-17-88.)

   The maximum height in any shopping center shall be fifty feet.

(Ord. 1988-173. Passed 10-17-88.)

   (a)   A Shopping Center District may be established upon a tract of land in a single ownership or under unified control, provided that a sketch development plan for a planned business center has been prepared, submitted and approved in accordance with the regulations, procedures and requirements of this chapter.

   (b)   Any developer may submit development plans for neighborhood and community shopping centers in accordance with the provisions of this chapter and other applicable provisions of this Zoning Code.

   (c)   As used in this section:

      (1)   "Neighborhood shopping center" means a shopping center ranging in size from 20,000 to 100,000 square feet of building floor area and having a supermarket-type food store or super drug store as the leading tenant.

      (2)   "Community shopping center" means a shopping center ranging in size from 100,000 to 400,000 square feet of building floor area and having a department store as the leading tenant.

(Ord. 1988-173. Passed 10-17-88.)

   A developer shall submit to the Planning Commission a sketch development plan of the shopping center with supporting data, including, but not limited to, a market analysis, financial report, time schedule, traffic study and substantiation of ownership, all of which shall be prepared by qualified professional persons.

   The sketch development plan and supporting data shall include the following:

   (a)   A sketch development plan, designed in accordance with the planning standards, regulations and criteria established in this Zoning Code and the City Subdivision Regulations, which shall show a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation and service facilities;

   (b)   Market analysis, which shall include:

      (1)   Identification of the trade area of the proposed shopping center;

      (2)   Trade area population, present and future; and

      (3)   The net buying power of potential customers for stores in the proposed shopping center;

   (c)   A financial report to satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this chapter, which report shall include:

      (1)   The source of construction funds;

      (2)   Names of persons who have a financial interest in the shopping center; and

      (3)   Information on leasing arrangements and terms;

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

   (e)   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 shopping center development, are correct.

(Ord. 1988-173. Passed 10-17-88.)

   (a)   Submission to City Planner and City Engineer. Upon receipt of a sketch development plan with supporting data for the development of a shopping center, the Secretary of the Planning Commission shall transmit a copy to the City Planner and City Engineer for their review, report and recommendation. The Planner and/or the Engineer shall, within thirty days from the date of receiving a sketch development plan and supporting data, provide and furnish to the Planning Commission his, her or their report.

   (b)   Report to Council. Within sixty days after a sketch development plan has been filed with the Secretary of the Planning Commission, the Commission shall evaluate the plan and the report of the City Planner and/or Engineer and shall furnish to Council its detailed report and recommendations with respect thereto. The report of the Planning Commission shall include either a finding that the sketch development plan and supporting data comply with the regulations, standards and criteria that are prescribed by this Zoning Code for planned shopping centers and that are applicable to the proposal, or a finding of any failure of such compliance. Such report shall further include the Commission's action as to whether the sketch development plan is approved, disapproved or modified. If in any such evaluation the Planning Commission finds that any regulations, standards or criteria prescribed by this Zoning Code are inapplicable because of unusual conditions related to the shopping center or the nature and quality of the proposed design, the Commission may recommend to Council that an adjustment in such regulations, standards or criteria be made, provided that such adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the City.

   (c)   Action by Council. Council, at no later than its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the shopping center proposal in accordance with the provisions of Section 1266.04.

   Following the completion of such public hearing, Council shall then proceed to act upon the sketch development plan.

(Ord. 1988-173. Passed 10-17-88.)

   Following affirmative action by Council, the Secretary of the Planning Commission shall notify the developer of such action and shall authorize him or her to proceed with the preparation of a preliminary development plan of the shopping center.

   (a)   Contents of Plan. The preliminary development plan shall contain the following:

      (1)   The location, orientation and exterior dimensions of all main and accessory buildings;

      (2)   The location and dimensions of vehicular and service entrances, exits and drives;

      (3)   The location, arrangement and dimensions of automobile parking space, width of aisles, width of bays and angle of parking;

      (4)   The location, arrangement and dimensions of truck loading and unloading spaces and docks;

      (5)   The location and dimensions of pedestrian entrances, exits, walks and walkways;

      (6)   The topography and general drainage system;

      (7)   The location and dimensions of all walls and fences;

      (8)   The location, size, height, orientation and design of all free-standing signs;

      (9)   The location of all buildings, streets and other topographical features within 500 feet of the proposed shopping center boundary; and

      (10)   The location, dimensions and arrangement of the area to be devoted to planted lawns, trees or any other purpose.

   (b)   Action by Planning Commission. Within not more than forty days from the date on which the preliminary development plan is filed with the Secretary of the Planning Commission, the Commission shall review, approve or disapprove such plan, in writing, stating, in the case of disapproval, the reasons for such disapproval, and in all cases giving due notice to the applicants. In the case of disapproval, the applicant may submit to the Planning Commission an amended plan, which shall include those changes which were necessary to accomplish compliance with the conditions for approval stated by the Commission.

(Ord. 1988-173. Passed 10-17-88.)

   Within not more than one calendar year from the effective date of a City ordinance designating an area as a Shopping Center District, a complete final development plan covering the entire District shall be prepared by the developer and filed with the Secretary of the Planning Commission. The final development plan shall be a refined version of the preliminary development plan and shall incorporate all conditions stipulated by the Planning Commission in its approval of the preliminary development plan.

   Within not more than forty days from the date on which the final development plan is filed with the Secretary, the Planning Commission shall review, approve or disapprove such plan. If the Planning Commission finds that a proposed final development plan of a shopping center is in substantial compliance with, and represents a detailed expansion of, 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 development plan, that it is in accordance with the design criteria and provisions of this Zoning Code which apply particularly to any plan of a Shopping Center District, and that all applicable provisions of the City Subdivision Regulations have been complied with, the Planning Commission shall then approve such final development plan.

(Ord. 1988-173. Passed 10-17-88.)

   Following the approval of a shopping center, the Building Commissioner shall be so notified and building and other permits may be issued upon payment of the required fees.

(Ord. 1988-173. Passed 10-17-88.)

   If the developer of a planned shopping center in any Shopping Center District wishes to make any change, alteration, amendment or extension to any approved final development plan, he or she shall submit such request to the Planning Commission. If, in the opinion of the Commission, the requested change is in substantial compliance with the final development plan, the Commission shall approve such change and notify the Building Commissioner, who shall issue a building permit therefor accordingly.

(Ord. 1988-173. Passed 10-17-88.)

   A developer, having obtained approval of any final development plan of a shopping center, may accomplish the development in progressive stages as may be approved by the Planning Commission.

   If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the requirements of this chapter and the intent of this Zoning Code shall be fully complied with at the completion of any stage. Each stage of development shall be reviewed and approved by the Planning Commission before a building permit can be issued.

(Ord. 1988-173. Passed 10-17-88.)

   A building permit shall be secured and construction begun in accordance with the approved final development plan for a Shopping Center District within twelve months from the effective date of the ordinance establishing such District. 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. In the event that construction is not started within the specified time limits, the Planning Commission shall review the zoning and the progress which has taken place and, if deemed necessary, initiate proceedings to reclassify the property to an appropriate zoning classification.

(Ord. 1988-173. Passed 10-17-88.)

   A performance bond shall be required guaranteeing the completion of all public improvements required by the City in Shopping Center Districts before a building permit may be issued. The scope of such improvements and the amount of such bond shall be determined by the City Engineer.

(Ord. 1988-173. Passed 10-17-88.)

   Signs in a Shopping Center District shall be designed, erected, altered, moved or maintained in whole or in part, in accordance with Chapter 1284.

(Ord. 1988-173. Passed 10-17-88.)

   Parking in a Shopping Center District shall be in accordance with the regulations set forth in Chapter 1282.

(Ord. 1988-173. Passed 10-17-88.)

   All exterior masonry surfaces on buildings constructed in any Business District shall be of face brick, stone or other finished type of masonry. Common concrete block shall not be permitted except on rear walls adjacent to rear property lines where expansion can occur, provided that the rear wall does not face residential areas, public facilities, schools, churches, etc., and that all openings, doorways and transitions are returned in brick.

(Ord. 89-212. Passed 2-6-90.)