Zoneomics Logo
search icon

Waynesville City Zoning Code

ARTICLE 405

IX C-3 PLANNED SHOPPING DISTRICT

405.430: GENERAL DESCRIPTION

The purpose of this district is to accommodate unified grouping, in one or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of residence of adjacent residential neighborhoods. It is intended that the planned shopping center be developed as a unit, with adequate off-street parking spaces for customers and employees, and with appropriate landscaping and screening materials. (Ord. No. 710, 11-15-90)

405.440: USES PERMITTED

Property and buildings in a C-3 Planned Shopping District, shall be used only for the uses enumerated below; provided however, that these uses shall be located in a unified shopping center which shall have not less than five (5) shops and stores, at least one (1) of which shall be a major outlet of not less than ten thousand (10,000) square feet of gross floor area. The shops and stores of the shopping center shall have a combined total gross floor area of not less than twenty thousand (20,000) square feet.

  1. Any of the following uses may be permitted:

    Antique Shop
    Appliance Store
    Apparel Store, Family, Children Men or Women
    Artist Supplies
    Automobile Parking Lot
    Bakery Goods Store
    Bank
    Barber Shop
    Book or Stationary Store
    Camera Shop
    Candy Store
    Catering Establishment
    Cleaning and Pressing Service
    Collection Station
    Curio Shop
    Drug Store
    Dry Goods Store
    Dairy Products or Ice Cream Store
    Delicatessen
    Florist Shop
    Furniture Store
    Gift Shop
    Grocery Store
    Hardware Store
    Help Yourself Laundry
    Jewelry Store Meat Market
    Medical Facility
    Music Store
    Newspaper or Magazine Sales
    Notions Store
    Office Supply Store Paint and Decorating Shop
    Photographer Studio
    Pharmacy
    Radio and Television Sales and Service
    Restaurant
    Sewing Machine Sales and Service Sporting Goods Sales
    Shoe Store or Repair Shop
    Specialty Shop for Women Supermarket
    Tailor Shop Toy Store Variety Store
  2. Office uses; provided however, that the total gross floor area of all office uses, exclusive of those listed in (1) above, shall not exceed twenty percent (20%) of the gross floor area of the shopping center.
  3. Gasoline service or filling station which shall be planned as an integral part of the center but may be constructed in advance.
  4. Advertising signs relating to the shopping center, the stores and shops therein and products sold therein. All advertising signs and structures shall be designed as an integral part of the shopping center development and shall be harmonious with the other design features of the center.
  5. Accessory buildings and uses customarily incidental to the above uses.
  6. Other uses which, in the judgment of the City Council, after receiving recommendation of the Planning and Zoning Commission, are of the same general character of those listed in this Section and which will not be detrimental to property located within the district. (Ord. No. 710, 11-15-90)

405.450: AREA REGULATIONS

It is intended that the grouping of the buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas, and that ornamental screening from noise and light be provided where necessary, provided however, that in no case shall the design of the shopping center provide less than the following standards.

  1. Minimum front yard. No building or structure shall be erected closer than sixty (60) feet from the centerline of any street or highway.
  2. Minimum side yard. There shall be a side yard on each side of a building having a width of not less than ten (10) feet, except on the side of a lot adjoining a residential district, then there shall be a side yard of not less than twenty-five (25) feet.
  3. Minimum rear yard. There shall be a rear yard, alley, service court, or combination thereof, of not less than twenty (20) feet, except when the rear lot line adjoins a residential district, then there shall be a rear yard, alley, service court or combination thereof of not less than thirty (30) feet in width which shall be completely screened from view with permanent screening materials. (Ord. No. 710, 11-15-90)

405.460: PARKING REGULATIONS

The amount of area that shall be provided and permanently maintained for vehicular parking shall be in the ratio of one and one-half (1 1/2) parking spaces for each three hundred (300) square feet of floor space. (Ord. No. 710, 11-15-90)

405.470: APPLICATION PROCESS

  1. The owner(s) of any tract of land may petition the City Council for the establishment of a Planned Shopping District. The application shall include the following:
    1. Legal description of the area to be encompassed in said district.
    2. Evidence of unified ownership or control of the area applied for.
    3. Statement of petitioner's experience and background in real estate development and commercial construction.
    4. Preliminary site plan of the proposed development drawn to scale and which shall show the number, arrangement and type of building, location, design and circulation pattern of off-street parking areas, provisions for storm water drainage, topography, utility easements, sanitary sewer facilities, landscape yards, ornamental screening, service courts and entrance and exit driveways and the land use of adjoining properties.
    5. Submission of a plat (in duplicate) drawn to scale, showing the actual dimensions of the lot to be built upon, the size and shape and location of the buildings and accessory buildings to be erected and locations of nearby streets.
  2. The application for the establishment of a C-3 Planned Shopping District shall be forwarded to the Planning and Zoning Commission for their recommendation.
  3. The Planning and Zoning Commission shall hold a public hearing on proposed rezoning request. A fifteen (15) day notice of the public hearing shall be published in a newspaper of general circulation within the City of Waynesville. (Ord. No. 710, 11-15-90)

405.480: APPROVAL OF FINAL DEVELOPMENT PLAN

  1. Upon establishment of a C-3 Planned Shopping District by the City Council, the petition shall be referred back to the Planning and Zoning Commission for consideration of the final development plan, which shall be submitted to the Planning and Zoning Commission by the applicant within one hundred eighty (180) days after the establishment of the Planned Shopping District by the City Council. The Planning and Zoning Commission shall recommend the approval, disapproval or modification of the final development plan to the City Council and shall refer such plan back to the City Council for approval, disapproval or modification.
  2. Upon approval by the City Council of the final development plan, three (3) copies thereof shall be filed with the City Clerk.
  3. No building permit shall be issued for any structure in a Planned Shopping District that does not conform to the final development plan as approved by the City Council. During the course of construction, no changes shall be made in the final development plan unless approved by the City Council.
  4. If substantial work or construction is not started within one (1) year of the date of the approval of a final development plan by the City Council, no further building permit for the project shall be issued and the City Council may move to rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the Planned Shopping District.
  5. The reissuance of building permits may be authorized and the time limitations specified in this Section may be extended by the City Council for reason.
  6. The final development plan submitted for approval by the applicant shall contain the following:
    1. A drawing to scale, with contour lines at intervals not exceeding five (5) feet, which shall show the following:
      1. Location, use and heights of all buildings and structures on the tract.
      2. The location of streets, off-street parking facilities, proposed landscaping, utility easements and storm and sanitary sewer facilities.
      3. Ingress and egress facilities for all motor-driven vehicles entering or exiting the development.
    2. Front, rear and side elevations of each structure contemplated in the development, including the type of construction proposed and the construction materials to be used.
    3. Proposed construction schedule for the development. (Ord. No. 710, 11-15-90)