The Neighborhood Shopping District (NS) is designed to service the needs of the local residential community as well as provide shopping opportunities for convenience or comparison shoppers. The district is generally characterized by a concentration of uses sharing common parking. The district will generally be located at the intersection of two (2) major thoroughfares.

(Ord. No. 1483, 2-16-03)

No building, structure or land shall be erected or used in a Neighborhood Shopping (NS) District unless a site plan therefore has been approved per the provisions of section 5.22.

(Ord. No. 1483, 2-16-03; Ord. No. 1793, § 9, 8-19-24)

In all neighborhood shopping districts, no building or land, except as otherwise provided in this chapter, shall be used except for one (1) or more of the following specified uses:

(1)

Stores of a generally recognized retail nature which supply commodities on the premises such as, but not limited to, groceries, baked goods or other food, drugs, dry goods, clothing, notions and hardware.

(2)

Medical offices and clinics.

(3)

Banks and similar financial institutions.

(4)

Government office buildings and public utility offices, but not including storage yards.

(5)

Administrative and professional offices.

(6)

Free-standing restaurants and carry out restaurants, and restaurants and carryout restaurants when attached to, and located within, a shopping center building complex. Excludes any restaurant with a drive-thru, drive-in, restaurants with a bar/lounge, and any restaurant open twenty-four (24) hours.

(7)

Photographic studios and interior decorating studios.

(8)

Veterinary clinics and veterinary hospitals provided all activities are conducted within a permanently enclosed building.

(9)

Personal services.

(10)

Accessory uses customarily incidental to any of the above permitted uses.

(Ord. No. 1483, 2-16-03; Ord. No. 1699, § 9, 12-27-18; Ord. No. 1745, § 5, 11-4-21)

The following use (uses) may be permitted upon the review and approval of the city council only after a recommendation by the planning commission. The use, or uses, may only be approved when the following general standards have been satisfied and subject to the conditions hereinafter imposed:

(1)

Standards.

(a)

The proposed use or uses must be of such size and character that it will be in harmony with the appropriate and orderly development of the neighborhood shopping district (NS).

(b)

The location, size, intensity and periods of operation of any such proposed use must be designed to eliminate any possible nuisance likely to emanate therefrom which might be adverse to occupants of any other nearby permitted uses.

(c)

The proposed use must be in accord with the spirit and purpose of this chapter and not be inconsistent with, or contrary to, the objectives sought to be accomplished by this chapter and principles of sound planning.

(d)

The proposed use is of such character that the vehicular traffic generated will not have an adverse effect or be detrimental to the surrounding land uses or the adjacent thoroughfares.

(e)

The proposed use is of such character and intensity and arranged on the site so as to eliminate any adverse effects resulting from noise, dust, dirt, glare, odor, or fumes.

(f)

The proposed use, or change in use, will not be adverse to the promotion of the health, safety, and welfare of the community.

(g)

The proposed use, or change in use, must be designed and operated so as to provide security and safety to the employees and the general public.

(2)

Uses.

(a)

Any restaurant with a drive-thru, restaurants with a bar/lounge, and any restaurant open twenty-four (24) hours.

(b)

Additional commercial uses, related to and reasonably necessary or convenient for, the satisfactory and efficient operation of a complete and integrated neighborhood shopping center.

(c)

Small box retail subject to the following conditions:

1.

Cannot be located any nearer that one (1) mile (5,280 linear feet) as measured from property line to property line to any other small box retail location.

2.

Hours of operation are limited to 8:00 a.m. To 10:00 p.m.

3.

Any small box retail location approved prior to the effective date of this section shall be considered a legal nonconforming use.

(Ord. No. 1483, 2-16-03; Ord. No. 1699, § 9, 12-27-18; Ord. No. 1734, § 3, 4-22-21)

(1)

The outdoor storage or display of goods or materials shall be prohibited irrespective of whether or not they are for sale.

(2)

Whenever a project is developed under the NS, Neighborhood Shopping District, a landscape plan by a registered landscape architect shall be submitted to and reviewed and approved by the city planner or his designated representative. The landscape plan shall be developed in accordance with the city general landscape standards and shall contribute significantly to the overall appeal of the site. The integration of the landscaping plan with stormwater management for the site, and use of vegetated stormwater control measures, are encouraged. Landscape plans and green infrastructure/low impact development methods required per article 4section 5.31(21)(b).

(3)

Storm water management for the site shall be designed in accordance with the city storm water management requirements, as applicable, and the stormwater management plan for the site.

(4)

An underground sprinkler system shall be required for all landscape areas, including rights-of-way.

(5)

The owner/developer shall execute a perpetual maintenance agreement for landscaping and parking areas for the entire site.

(6)

The owner/developer shall implement the recommendations of the city police department's crime prevention bureau.

(7)

The owner/developer shall participate in a special assessment district (SAD) for street lighting along any public right-of-way abutting the development.

(Ord. No. 1483, 2-16-03; Ord. No. 1678, § 8, 7-6-17)

The area and bulk regulations shall be regulated as set forth in the "schedule of regulations" in article 22.