The intent of this overlay zoning district is to permit the uses permitted in the B-2 zone, both solely and combined, in shopping centers with incentives to both combine lots and develop with a consistent architectural theme. The following Route 10 Commercial Core Overlay Zone shall include only Block 112, Lots 1, 2, 3 and 78.01.

(Ord. No. 17-06, § 6, 8-3-2006)

A.

Principal uses.

1.

All uses permitted in the B-2 zone.

2.

Shopping centers provided that the property is at least four and one-half (4½) acres in area.

B.

Accessory uses.

1.

Customary accessory uses to the uses permitted above are permitted accessory uses.

2.

Outdoor storage, pursuant to the requirements in section 15-42.

C.

Conditional uses. Should the developer utilize the overlay zone option, the conditional uses allowed in the underlying zones shall not be permitted.

(Ord. No. 17-06, § 6, 8-3-2006)

Any use other than those listed above is prohibited.

(Ord. No. 17-06, § 6, 8-3-2006)

A.

Minimum tract size: Four and one-half (4 ½) acres.

B.

Minimum front yard setback: 75 feet.

C.

Minimum side yard setback: There shall be two side yards and no side yard shall be less than 25 feet.

D.

Minimum rear yard setback: 50 feet.

E.

Maximum principal building height: Two stories and 45 feet.

F.

Maximum floor area ratio: 0.30.

G.

Maximum impervious coverage: 65 percent of the total lot area.

H.

Distance between buildings. Unattached buildings shall not be erected closer than 30 feet to any other building situated on the same lot.

(Ord. No. 17-06, § 6, 8-3-2006)

A.

Developers utilizing this overlay option shall comprehensively design the facility with a consistent architectural theme that complements and is compatible with the architecture [found in the Commercial Core of Route 10] as is identified in the 2006 Master Plan and Route 10 Technical Report. The applicant should identify the consistent and compatible architectural themes and elements that are being proposed.

B.

Development should utilize traditional architectural styles and elements including Federal, Colonial and Victorian themes.

F.

Strip shopping mall development shall not be permitted within this overlay zone. To avoid the appearance of a strip center, parking areas shall be screened with natural materials from the public roads to the maximum extent possible."

(Ord. No. 17-06, §§ 6, 9, 8-3-2006)

Zoning Map

A.

Zoning permit. Zoning permits for non-residential uses and for all fences shall be secured from the Zoning Officer prior to the application for a building permit for the construction, erection or major alteration of any sign, structure or part thereof or upon a change in the use or occupancy of a structure or land. Each application shall be accompanied by the required fee as listed in Appendix A-Fee Schedule.

B.

Zoning certificate of occupancy. A zoning certificate of occupancy shall be secured from the Zoning Officer prior to:

(1)

The use of non-residential land;

(2)

The occupation or use, in whole or in part, of any new non-residential structure;

(3)

A change in use of any non-residential land or structure; or

(4)

The occupancy of any existing non-residential land or building or part thereof by a new owner or tenant, even if there is no change in the use of the land or building or part thereof.

A zoning certificate of occupancy shall state that the subject land or structure, and use thereof, conform to the provisions of this Chapter. Each application shall be accompanied by the required fee as listed in Appendix A-Fee Schedule.

(Ord. No. 66-00, § 1, 12-7-2000)