CS-1 district is a "planned development" district that has been carried over from the previous zoning ordinance to accommodate several commercial developments. Specific site plans were approved for these developments under the provisions of CS-1 zoning, and therefore, that zoning district is included in its entirety below. Areas zoned CS-1 are not subject to the permitted use matrix, Table 38-115, but instead must comply with the provisions of this section. CS-1 zoned property owners may submit rezoning requests for rezoning to the standard PUD district under the provisions of article XXII of this chapter.

(Code 1970, § 38-47; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The CS-1 district is intended to provide for the development of shopping centers. Since shopping center developments, whether large or small, have a significant effect upon the comprehensive plan for the development of the city, extensive authority over their development is retained by the city council and the city planning and zoning commission. Many matters relating to the shopping center's design, its potential for success or failure, and its effect upon surrounding neighborhoods must be considered by the council and commission in order to reasonably be assured that the area will not eventually become blighted. It is further intended that in the event of an applicant's failure to construct a shopping center in accordance with a reasonable time schedule as required, presented and approved in section 38-452(a)(4), the city council shall enact the necessary legislation to reclassify the area to another classification as described under section 38-459, completion of project.

(Code 1970, § 38-48; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Any person, firm, or corporation having ownership of any tract of land comprising an area of not fewer than four acres may submit to the city council a petition requesting a change to the CS-1 zoning district classification. Said petition shall be accompanied with a plan for the commercial use and development of such tract for the purpose of meeting the requirements of this section. Said plan shall be accompanied by evidence concerning the feasibility of the project and its effects on surrounding property, and shall include each of the following:

(1)

A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveways, and the points of ingress and egress, including access streets where required, the location and height of buildings, and the location and type of landscaping. (A minimum of five percent of the required parking area must be landscaped).

(2)

An analysis of market conditions in the area to be served, including the types and amount of service needed and general economic justification.

(3)

A traffic analysis of the vicinity indicating the effect of the proposed shopping center on the adjacent streets and highways.

(4)

A time schedule setting out the time within which the construction anticipated shall be started and completed, including the time in which the various phases involved in said project shall be started and completed if said project is a multiple phase project. Phased development requires site plan review and approval described in this section. Said development plan shall be referred to the city planning and zoning commission for review and approval. The city planning and zoning commission may give notice and hold a public hearing if it is deemed necessary. The commission shall review the conformity of the proposed development with the standards of the comprehensive plan, and with recognized principles of civil design, land use planning, and landscaping architecture. The commission shall approve or disapprove said plan as reported or may require such changes or conditions of approval thereto, as it deems necessary to effectuate the intent and purpose of this chapter to promote public health, safety, morals, and general welfare.

(b)

The applicant may, upon written notice to the city council, appeal in whole or in part any determination made by the planning and zoning commission made within the scope of this section. Appeal shall be made without cost by filing written notification with the city clerk within 30 calendar days after commission ruling.

(c)

The city council shall decide all appeals within 45 calendar days after written notification of the appeal has been received by the city clerk. A majority vote of the city council shall be necessary to overturn the action of the planning and zoning commission.

(Code 1970, § 38-49; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3092, § 1, 4-5-2016)

The following uses shall he permitted in this district:

(1)

Business and professional offices, included medical, dental and eye care clinics.

(2)

Retail sales.

a.

Animal hospital, veterinary clinic or kennel, providing an exercising runway shall be at least 200 feet from any R district.

b.

Bakeries.

c.

Bicycle shops.

d.

Book stores.

e.

Bowling alleys, billiard parlors and ballrooms.

f.

Camera shops.

g.

Candy shops.

h.

Car washes, both manual and automated, provided the principal building is at least 100 feet from an R district.

i.

Clothing stores.

j.

Convenience stores.

k.

Delicatessen.

l.

Drive-in or drive-through eating and drinking establishments provided the principal building is at least 100 feet from any R district.

m.

Drug stores or pharmacies.

n.

Eating or drinking establishments, except drive-in or drive-through establishments.

o.

Fabric stores.

p.

Florists.

q.

Gift shops.

r.

Grocery stores or supermarkets.

s.

Home electronics stores, including TV sales and service.

t.

Home improvement, lumber, and hardware retail sales. Storage of home improvement, lumber, and hardware merchandise may be permitted in a secondary building if the secondary building is enclosed on three sides and the square foot area of the secondary building does not exceed 25 percent of the principal retail sales building. Permitted storage and/or display are subject to site plan approval per section 38-452, procedures. Adequate visual screening by the principal building and/or landscaping is required.

u.

Ice cream parlors.

v.

Jewelry stores.

w.

Libraries.

x.

Pet stores.

y.

Sales and service of new and used automobiles, new and used motorcycles, incidental to said sale of new automobiles and motorcycles. Including as incidental to these major uses shall be all repair work in connection with their own and customer vehicles, but not including uses in which the major source of revenue is from body and fender work. In addition, this shall not be construed to include auto wrecking and rebuilding and resale of used parts.

z.

Service stations, automotive parts store, provided no rebuilding or machining of automobile or truck parts is performed, minor service of vehicle but not including major mechanical overhauling, paint, and bodywork.

aa.

Shoe stores.

bb.

Sporting goods stores.

cc.

Stationery and office supply shops.

dd.

Theaters.

ee.

Variety stores, department stores, including toy stores.

ff.

Video and audio sales.

(3)

Service.

a.

Banks or automated teller machines.

b.

Beauty shops or barbershops.

c.

Dry cleaners, excluding commercial laundries.

d.

Employment agencies.

e.

Health clubs or fitness studious.

f.

Interior decorating.

g.

Shoe repairs.

h.

Travel agencies.

i.

Veterinary surgical clinics.

j.

Watch repairs.

k.

Hotels, motels, and other lodging facilities, not including extended stay facilities.

l.

Conference centers or meeting halls.

(4)

Housing.

a.

Multifamily housing with a gross density of up to 43 units per acre.

b.

Townhouse housing with a gross density of up to 12 units per acre. Townhouse developments shall include no more than six dwellings per row.

c.

Housing opportunity medium-density infill which complies with subsection 38-807(e).

(Code 1970, § 38-50; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3108-2017, § 1, 2-7-2017; Ord. No. 3192, § 12, 4-19-2022)

The zoning board of adjustment may, in accordance with the standards and requirements set forth in section 38-998, issue a conditional use permit for the following uses:

(1)

Child care facility.

(2)

Churches.

(3)

Funeral homes.

(Code 1970, § 38-51; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3108-2017, § 1, 2-7-2017)

Any use not expressly listed in sections 38-50 and 38-51 shall be considered prohibited in this district.

(Code 1970, § 38-52; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The following property development standards shall apply to all land and structures in the CS-1 district:

(1)

Landscaping. The landscaping development standards will be subject to review and approval during the shopping center site plan review process. A minimum of five percent of the required parking must be landscaped.

(2)

Lot area and yard standards. The lot area, lot frontage and yard requirements of the C-1 district shall be considered minimum for the CS-1 district; however, it is expected that these minimums will be exceeded in all but exceptional situations.

(3)

Modification. If a developer can show substantial justification why a variation of these standards should be granted, a modification of the site plan can be authorized. Modification of the development standards is subject to review and approval by the planning and zoning commission and the city council.

(Code 1970, § 38-53; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

There shall be a minimum of three parking spaces per 1,000 square feet of building area.

(b)

The requirements of article XXX of this chapter shall serve as the parking criteria for out-lot parcels during site plan review.

(c)

Parking for housing opportunity medium-density infill development shall comply with the site plan prototype as described in subsection 38-870(e).

(Code 1970, § 38-54; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3192, § 13, 4-19-2022)

(a)

One freestanding sign will be allowed, which has no more than two faces. Freestanding signs may incorporate sign panels for individual anchor stores. The maximum height shall be 36 feet.

(b)

The requirements of article XXXI of this chapter shall serve as the sign criteria for out-lot parcels. Freestanding signs are subject to site plan review, approval, and maximum height restriction of 26 feet.

(Code 1970, § 38-55; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Failure to complete the construction and improvements within the period of time set out in the approved plan shall be deemed sufficient cause for the council in accordance with section 38-996 to rezone the subject property to the classification effective at the time of original submission of the shopping center plan or to another classification consistent with surrounding neighborhood unless an extension is recommended by the city planning and zoning commission and approved by the council for due cause shown. Any proposed change in the site plan which would substantially and materially change the plan originally submitted, or as approved for CS-1 zoning and after CS-1 zoning district classification is made, shall be submitted for approval in the same manner as an original petition for zoning change.

(Code 1970, § 38-56; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Any tract of land that is in existence at the time of the passage of the ordinance from which this chapter derives which falls within the general description of a shopping center as described in section 38-452, if by future action of the city council is rezoned a CS-1 district, shall be considered as having met all the requirements of a CS-1 district. All new construction, additions, enlargements, etc., to structures within these shopping centers shall be in accord with the regulations of this chapter, except in cases where more restrictive controls have been imposed by agreement between the city and the property owners involved.

(Code 1970, § 38-57; Ord. No. 3088, § 2(exh. A), 12-1-2015)

The zoning administrator may require modification of a site plan as a prerequisite for approval. Required modifications may include, but not be limited to, additional landscaping or screening, designation of building materials, installation of erosion control measures, improvement of access or circulation, rearrangement of structures on the site, or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

(1)

Term and modification of approval.

a.

A site plan approval shall become void one year after the date of approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.

b.

The zoning administrator may approve an application to modify a previously approved site plan if he determines that the modification is minor and does not affect any conditions stipulated by city council.

c.

The zoning administrator may revoke a site plan approval if he determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the planning and zoning commission and city council.

(2)

Approval to run with land. An approval pursuant to this section shall run with the land until the expiration date of such approval.

(Code 1970, § 38-58; Ord. No. 3088, § 2(exh. A), 12-1-2015)