This Chapter is designed to include a broad mix of commercial land uses. The Community Commercial District (CC) primarily accommodates commercial business, personal, professional and roadway service uses catering to the needs of both the regional and local market. Rather than maintain separate zoning districts for each category of commercial use, the Community Commercial District differentiates permitted uses from the more intensive commercial uses through a set of conditional use standards, landscaping and buffering requirements. Development standards for single, free-standing uses on individual lots and shopping centers are regulated separately to encourage consolidation of lots into shopping centers of five acres or more.

(Ord. 92-24. Passed 6-16-92.)

   (a)   The following uses and any other use determined by Planning Commission to be compatible with these uses are permitted by right within the Community Commercial District as individual uses on an individual parcel:

      (1)   Specialty retail, commercial establishments and boutiques.

      (2)   Specialty food stores.

      (3)   Home furnishings, home improvement and miscellaneous materials and equipment stores which operate totally within principal structures and require no outside storage or display of products or materials.

      (4)   General merchandise stores and supermarkets.

      (5)   Personal services, performed for persons or their apparel.

      (6)   Business and cleaning services engaged in services to businesses or households on a fee or contract basis and operating totally within principal structures with no outside storage or display of products or materials.

      (7)   Commercial schools.

      (8)   Studios.

      (9)   Financial establishments with no drive-in or drive-thru facilities.

      (10)   Restaurant, standard.

         A.   Customers normally provided with a menu or served their food and beverage by restaurant employee at the same table or counter at which food and beverages are consumed.

         B.   A cafeteria type operation.

      (11)   Business and administrative offices including buildings with multiple tenants and/or sites with multiple buildings.

      (12)   Offices of business and professional associations including buildings with multiple tenants and/or sites with multiple buildings.

      (13)   Medical offices and clinics engaged in outpatient care with permanent facilities and with medical staff to provide diagnosis and/or treatment for patients who are ambulatory and who do not require inpatient care including buildings with multiple tenants and/or sites with multiple buildings.

      (14)   Professional offices.

      (15)   Sexually oriented businesses, provided that the proposed location is more than 500 feet from the following uses (hereinafter referred to as “sensitive uses”):

         A.   Any residential zoning district, as set forth in Section 1103.03 of the Planning and Zoning Code, or as set forth in the Zoning Ordinance of any adjacent political subdivision;

         B.   Any mixed use zoning district, as set forth in Section 1103.03 of the Planning and Zoning Code, or as set forth in the Zoning Ordinance of any adjacent political subdivision;

         C.   Any single family dwelling, two-family dwelling or multi-family dwelling, as defined in Sections 1105.3400 through 1105.3600 or as similarly defined in the Zoning Ordinance of any adjacent political subdivision, whether or not such use is conforming or non-conforming, in or adjacent to the City;

         D.   Any child day care, greenway, hospital, hotel, motel, place of worship, public park, preschool, public use facility (except school and municipal administrative buildings), school (except a college or university), senior and disabled housing, or senior and disabled independent housing in or adjacent to the City, whether or not such use is conforming or non-conforming, in or adjacent to the City.

         E.   For purposes of this Section:

            (i)   “Greenway” means a city owned or maintained linear open space established along either a natural corridor, such as a riverfront or stream valley or over land along a former railroad right-of-way, including a bikepath, converted to scenic use identified and constructed per the PROS 2000 Plan.

            (ii)   “Hospital” means an institution providing health services primarily for human inpatient medical and surgical care for the sick or injured, but does not include related facilities, such as laboratories, outpatient facilities, training facilities or medical offices.

            (iii)   “Place of worship” means an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious service of any denomination are regularly held.

            (iv)   “Public park” means an outdoor recreational facility which is operated by the City and open to the public with or without charge.

            (v)   The measure of distance shall be from the outermost wall of the structure or proposed structure of the sexually oriented business that is nearest to the applicable sensitive use, to the property line of the applicable sensitive use, along the shortest possible course, without regard to intervening structures or objects, regardless of any customary or common route or path of travel.

            (vi)   In reviewing an application for a zoning certificate for a sexually oriented business, the Zoning Officer shall consider only: whether the sexually oriented business is seeking to locate in a Community Commercial District (or, where applicable, a Planned Community Commercial District or an Industrial District); whether the proposed location of the sexually oriented business is at least 500 feet from the sensitive uses listed in subsection (A) above; and whether the sexually oriented business is in compliance with the generally applicable development standards in Section 1143.04 (or, where applicable, Section 1143.05). The determination whether a zoning certificate is issued to a sexually oriented business shall be made in accordance with the procedures set forth in Section 1107.09.

   (b)   Shopping Centers, which are defined as multiple retail uses on one or more parcels of land of at least five total acres, are also a permitted use in a Community Commercial District. The above listed uses are also permitted by right in a shopping center. Specific development standards for a shopping center are listed in Section 1143.05.

(Ord. 01-31A. Passed 6-19-01.)

   (a)   The following uses are conditionally permitted within the Community Commercial District, both as individual uses on individual lots and within shopping centers. These uses may be appropriate as permitted uses within the district but require more detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use and traffic generation and potential impact on surrounding uses, in order to balance these uses in an equitable manner while safeguarding both individual property rights and general community welfare. It is the Planning Commission's responsibility to perform this evaluation and after review, to attach necessary conditions and safeguards. The development standards contained in this chapter are minimum standards. Planning Commission may require more restrictive standards for a conditional use based on the merits of each application. Review and approval of these uses are further regulated in Chapter 1111, Conditional Uses and Section 1143.06, Supplementary Standards for Conditional Uses. Parenthetical reference to Section 1143.06 following a listed conditional use indicates that specific supplemental standards have been identified for that use in the referenced subsection.

      (1)   Cemeteries.

      (2)   Libraries and museums.

      (3)   Child care centers and nursery schools. (Section 1143.06(b))

      (4)   Elementary, junior high and high schools.

      (5)   Colleges and universities.

      (6)   Nursing homes, senior and disabled housing and senior and disabled independent housing. (Section 1143.06(j))

      (7)   Hospitals and medical centers.

      (8)   Place of worship provided a minimum lot size of three acres is available.

      (9)   Public offices and buildings.

      (10)   Public use facilities.

      (11)   Public service facilities. (Section 1143.06(i))

      (12)   Membership sports and recreation clubs.

      (13)   Outdoor recreation.

      (14)   Financial establishments with drive-thru facilities. (Section 1143.06(c))

      (15)   Animal hospital, veterinary clinics, kennels, animal grooming and pet stores. (Section 1143.06(d))

      (16)   Funeral home.

      (17)   Convenience food stores, carry-outs, mini-markets, drive-through and drive-in stores, including photo kiosks or free-standing automatic teller machines, but not including drive-in windows accessory to the operation of a financial establishment or fast food restaurant. (Section 1143.06(e))

      (18)   Restaurant, fast food. (Section 1143.06(e))

      (19)   Motels and hotels.

      (20)   Commercial entertainment, indoor.

      (21)   Commercial recreation, indoor.

      (22)   Theater and concert halls.

      (23)   Meeting and banquet halls.

      (24)   Commercial entertainment, outdoor.

      (25)   Vehicle sales, including the sale of new and used automobiles, normally using outdoor storage of such vehicles. It is the intent of this chapter that the outdoor storage of automobiles be so located and screened as to minimize the visual impact of adjacent roadways and properties.

      (26)   Automobile service stations for automobile repair (excluding body shops), automobile washing (Section 1143.06(f)) and automobile accessory sales where installation is provided.

      (27)   Commercial center containing two or more commercial uses on a site of less than five acres. Consistent with the intent of this chapter, commercial centers should only be allowed if they are of a superior design and do not add to the effects of strip commercialization. (Section 1143.06(h))

      (28)   Gasoline service stations. (Section 1143.06(g))

      (29)   Uses with outside storage or outside sales including, but not limited to, nurseries and garden supplies, farmer's markets, Christmas tree lots, and pumpkin sales and that meet the standards of Section 1143.06(k).

      (30)   Off-street parking facilities including surface lots and parking facilities operated with or without charge, but excluding that parking required for a specific use which shall be permitted in conjunction with the operation of a permitted or conditional use.

      (31)   Amusement arcades.

(Ord. 01-31A. Passed 6-19-01; Ord. 2011-13. Passed 3-15-11; Ord. 2012-25. Passed 7-2-12.)

   (a)   Permitted uses within the Community Commercial District (CC) shall conform to the following standards. Conditional uses shall also conform to these standards and, where applicable, to the Supplemental Conditional Use Standards in Section 1143.06. In the event of a conflict between the development standards in Sections 1143.04 and 1143.06 the more specific Supplemental Conditional Use Standards of Section 1143.06 are to be used.

   (b)   Prior to the issuance of a Zoning Certificate for development in the Community Commercial District (CC), a site plan review as defined in Chapter 1108 is required.

      (1)   Lot requirements. Prior to determining setbacks, refer to Section 1173.06(a). If a bufferyard is required and the minimum setback is less than the appropriate bufferyard width, then the setback shall be equal to the bufferyard width. If a bufferyard is required and the minimum setback is greater than the appropriate bufferyard width, then the setback shall be equal to the required setback.

         A.   Minimum lot area: None, except that lot size shall be adequate to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.

         B.   Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet all building and pavement setbacks, parking, circulation, open space and landscaping requirements.

         C.   Minimum front yard setback: Structure setback, 30'; 40' on arterial streets; pavement setback, 10'.

         D.   Minimum side yard: Structure setback, 15'; pavement setback, 10'. In additional to the required side yard, bufferyard shall be provided per Chapter 1173.

         E.   Minimum rear yard: Structure setback, 15'; pavement setback, 10'. In addition to the required rear yard, bufferyard shall be provided per Chapter 1173.

         F.   Maximum lot coverage: All impervious surface areas including building, parking, etc. shall not cover more than 80% of the site. At least 20% of the site area shall be landscaped with natural vegetation.

         G.   Parking areas shall be no closer to main structures than 10'.

      (2)   Building requirements.

         A.   Maximum building height of 40'.

      (3)   Site development standards.

         A.   Outdoor storage of merchandise is prohibited, except that merchandise may be displayed on the sidewalk adjacent to the principal building, provided a minimum of a 5' strip is left unobstructed for pedestrian traffic. Accessory buildings used for storage are prohibited.

         B.   All vending machines and display racks, except for telephone booths, shall be located inside the building.

         C.   Trash and litter shall be controlled, and stored in container systems which are located and/or enclosed in a manner to screen them from view from adjacent property.

         D.   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land and meet the City's requirements for storm water management.

         E.   All service and delivery shall be at the rear or side of the building for buildings in excess or 15,000 sq. ft.; and appropriately screened from view with minimal impact on adjacent property.

      (4)   Parking, Loading, Access and Circulation Requirements for uses permitted in this district are set forth in Chapter 1171.

      (5)   Landscaping and Screening Requirements for uses permitted in this district are set forth in Chapter 1173.

      (6)   Signage Requirements for uses permitted in this district are set forth in Chapter 1181.

      (7)   Lighting Requirements for uses permitted in this district are set forth as follows:

         A.   All exterior lighting shall be designed to direct light downwardly, i.e. cut off type fixtures.

         B.   All lights shall be arranged to reflect light away from any street or adjacent property.

         C.   Direct or indirect glare into the eyes of motorists or pedestrians shall be avoided.

         D.   All types of parking, pedestrian and other exterior lighting shall be on poles or wall mounted cutoff fixtures and shall be from the same type and style.

         E.   Cut off type landscape lighting and building uplighting shall be permitted.

         F.   All building illuminations shall be from concealed sources.

         G.   Parking lot lighting shall be no higher than 28'.

         H.   No colored or flashing lights shall be used to light the exterior of buildings.

(Ord. 92-24. Passed 6-16-92.)

   (a)   Permitted uses within a shopping center development within the Community Commercial District (CC) shall conform to the following standards. Conditional uses shall also conform to these standards and, where applicable, to the Supplemental Conditional Use Standards in Section 1143.06. In the event of a conflict between the development standards in Sections 1143.05 and 1143.06 the more specific Supplemental Conditional Use Standards of Section 1143.06 are to be used.

   (b)   Prior to the issuance of a Zoning Certificate for development of a shopping center in Community Commercial District (CC), a site plan review as defined in Chapter 1108 is required.

      (1)   Lot requirements.

         A.   Minimum lot area: Five acres, and sufficient area to accommodate building and pavement setbacks, parking, circulation, open space and landscaping requirements. Individual lots may be combined to attain this minimum area for the purposes of the site plan, and the entire site shall be treated as a single lot.

         B.   Minimum lot width: The site shall abut a public arterial street for a minimum total frontage distance of 350', and all parking and yard space requirements must be satisfied.

         C.   Minimum front yard requirements: In all cases, structures shall be set back from right-of-way lines a minimum of 50'. All pavement areas shall be a minimum of 15' from rights of way.

         D.   Minimum side yard requirements: Structures shall be set back at least 30' and pavement at least 10' from all side lot lines. Where side lot lines abut residential districts, structures shall be set back a minimum of 50' from such lot lines and pavement areas shall be at least 15' from such lot lines.

         E.   Minimum rear yard: Structure shall be set back 30' and pavement 10'. When rear lot lines abut a residential district, structures shall be set back a minimum of 50' and pavement areas shall be 15' from such rear lot lines.

         F.   Maximum lot coverage: Structures or paved areas shall not cover more than 80 percent (80%) of the site. At least twenty percent (20%) of the site shall be landscaped with natural vegetation.

         G.   Parking areas shall be no closer to main structures than 10'.

      (2)   Building requirements.

         A.   Maximum building height: 40'.

      (3)   Site development requirements.

         A.   A service court shall be provided to the rear or side of structures which shall have a minimum width perpendicular to structures of 60'. Such loading areas or courts shall be enclosed by a solid wall, fence, landscaping or an acceptable combination thereof, as required in Chapter 1173.

         B.   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land and meet the City's requirements for Stormwater Management.

         C.   Trash and litter shall be controlled, and stored in container systems which are located and enclosed in a manner to screen them from view from all sides.

         D.   A plan shall be submitted showing building gross square footages, and additional auxiliary uses.

         E.   The Planning Commission may request additional information from the applicant and attach conditions for approval as are deemed necessary to meet the objectives of this Zoning Ordinance.

         F.   Outdoor storage and display of merchandise is prohibited, except that merchandise may be displayed on the sidewalk adjacent to the principal building during sales events, provided a minimum of a 5' strip is left unobstructed for pedestrian traffic.

         G.   All vending machines and display racks, except for telephone booths, shall be located inside the building.

      (4)   Parking, Loading, Access and Circulations Requirements for uses permitted in this district are set forth in Chapter 1171.

      (5)   Landscaping and Screening Requirements for uses permitted in this district are set forth in Chapter 1173.

      (6)   Signage Requirements for uses permitted in this district are set forth in Chapter 1181.

      (7)   Lighting Requirements for uses permitted in this district are set forth as follows:

         A.   All exterior lighting shall be designed to direct light downwardly, i.e. cut off type fixtures.

         B.   All lights shall be arranged to reflect light away from any street or adjacent property.

         C.   Direct or indirect glare into the eyes of motorists or pedestrians shall be avoided.

         D.   All types of parking, pedestrian and other exterior lighting shall be on poles or wall mounted cutoff fixtures and shall be from the same type and style.

         E.   Cutoff type landscape and building uplighting shall be permitted.

         F.   All building illuminations shall be from concealed sources.

         G.   Parking lot lighting shall be no higher than 28'.

         H.   No colored or flashing lights shall be used to light the exterior of buildings.

(Ord. 92-24. Passed 6-16-92.)

   All conditional uses shall meet the minimum requirements established by Sections 1143.04 and 1143.05 unless modified by this section:

   (a)   Purpose and Intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Sections 1143.04 and 1143.05 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Community Commercial District.

         A.   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with 20 or fewer children plus one additional vehicle for each additional ten children served. The drop-off area may either be in the form of spaces parallel to an access drive adjacent to the building or additional parking spaces beyond Code requirements.

         B.   Access from an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.

         A.   Stacking spaces shall be provided for every drive-in facility per Chapter 1171. Required stacking spaces shall not block or otherwise interfere with site circulation patterns.

         B.   Customer/employee parking shall be separated from driving activities and customer parking shall be located near the area with the highest accessibility to the principal building.

         C.   The circulation system shall provide continuous traffic flow with efficient movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.

      (1)   Care and boarding shall be limited to small domestic animals and may not include cattle, horses or swine.

         A.   All activities other than off-street parking, loading/unloading shall be conducted from a fully enclosed structure. This includes exercise runways.

         B.   Each structure shall be designed and maintained in a manner to prevent the development of unsanitary conditions.

         C.   Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so animal noises will not be audible at any point on the perimeter of the property.

         A.   Stacking spaces shall be provided for every drive-thru facility per Chapter 1171. Required stacking lanes shall not block or otherwise interfere with site circulation patterns.

         B.   Customer/employee parking shall be separated from driving activities and customer parking shall be located in the area with the highest accessibility to dining or sales areas.

         C.   Circulation system shall provide continuous traffic flow with efficient, non-conflicting movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.

         A.   All structures shall be located at least 50 feet from any adjacent residential property.

         B.   A solid fence, wall or hedge six feet high shall be required when an automobile washing facility is adjacent to residential property.

         A.   All washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation.

         B.   Vacuum and steam cleaning equipment may be located outside of the building, but shall not be placed in any yard adjoining residential property.

         A.   Off-street waiting spaces shall be provided for auto washing facilities per Chapter 1171. Required waiting spaces shall not block or otherwise interfere with site circulation patterns.

         B.   If at all possible, exit doors shall be oriented away from the street right-of-way. If not possible, a hard surface exit drive not less than 40 feet in length shall be provided between the exit doors and the street.

      (4)   The site design shall provide for traffic circulation that does not interfere with access to and from the pump islands.

      (5)   To the greatest extent possible, required parking for the site shall be located adjacent to the convenience store facility and not interfere with circulation on the site or access to and from the pump islands.

      (6)   Canopy size (dimensions) shall be kept to a minimum. Whenever possible the smallest dimension shall be parallel to the adjacent roadway. In no case shall the width of the dimension fronting on or parallel to the roadway exceed 25% of the width or frontage of the lot.

      (7)   Lighting contained within the canopy shall be flush with or recessed into the ceiling of the canopy (to avoid glare off the site).

      (8)   There shall be no parking or pavement permitted in the front yard.

      (9)   The front yard shall consist of adequate and varied landscaping to act as both a screen to the paved area as well as a bufferyard to the impact of the canopy.

      (10)   Accessory structures are prohibited. Pump island canopies, convenience store and garage with repair bays are not considered accessory structures.

      (11)   The exterior facade of the structures included in the overall complex shall be natural materials such as brick or stone or some alternative material acceptable to the Planning Commission. The roof of these structures shall be covered with natural or manmade shingles and shall be designed so as to expose said materials to the adjacent streets and properties (such as a gabled or mansard roof).

      (12)   Should one or more bays for servicing cars be included in the convenience store structure, the site shall provide additional parking consisting of two spaces for each service bay and one space for each employee and service vehicle.

      (13)   Should a car wash facility be included within the convenience store structure, the site shall provide an additional parking space for each employee and a stacking lane sufficient to accommodate four waiting automobiles for each washing stall or device.

         A.   Customer/employee parking should be separated with customer parking located near the area with the most direct access to the principal building.

         B.   Continuous channelized traffic flow with sufficient movement throughout the site shall be provided. Conflict between pedestrian and vehicular movement shall be minimized.

         C.   Clear delineation of internal circulation roadways including directional signage and pavement markings shall be indicated.

         A.   A maximum of two curb cuts per street frontage may be allowed provided the minimum frontage of 450 feet and the curb cuts are separated by a minimum of 300 feet (centerline to centerline).

         B.   All curb cuts shall be located a minimum of 150 feet from an intersection and 75 feet from any property line.

         A.   A graphic system shall be used that is uniform in size, shape and color for various tenant signage.

         B.   Ground mounted signage shall be integrated within the overall site landscaping and the use of foundation planting around the ground sign shall be encouraged.

         A.   All external outdoor lighting shall be cutoff fixtures or downlighting.

         B.   Lighting within and in relation to any service area to the rear of the building shall also be cutoff fixtures so as not to allow spillage on adjacent property.

         G.   Parking areas shall be no closer to main structures than ten feet.

         H.   Minimum lot area per dwelling unit shall be calculated on the basis of 1,450 square feet for nursing homes and senior and disabled housing. For senior and disabled independent housing, minimum lot area per dwelling unit shall be calculated on the basis 5,445 square feet and may be reduced to 1,450 square feet with approval of the Planning Commission if the proposed development fully complies with the requirements of this section. For nursing homes and senior and disabled housing, minimum lot area per unit may be varied by Planning Commission based upon the merits of the site development plan submitted. The Commission shall consider the factors established by the Site Development Plan, the dwelling unit size and mix, the site configuration and the development incentives set forth in Section 1135.03(c)(3)A., B. and C.

         A.   Maximum height: Thirty-five feet. The maximum height may be increased to 50 feet by Planning Commission if the lot is not adjacent to any single or two family dwellings. If the building is adjacent to a single family or two family dwelling, the building height may be increased to a maximum height of 50 feet by Planning Commission if one foot of additional setback is provided for each additional foot of height along the affected property line.

         B.   Accessory buildings have the same yard requirements as main buildings.

         C.   Minimum dwelling unit area: A minimum of 300 square feet of living space for efficiency apartments with private bathrooms, 220 square feet for efficiency apartments without private bathrooms, 500 square feet for one bedroom units and 700 square feet for two bedroom units. A minimum of 100 square feet of living space per person for nursing homes.

         D.   Housing shall be specifically designed for senior and disabled citizens and include facilities generally associated with the needs and interests of aged persons. Access to these facilities and common and public use areas shall be provided in accordance with the "Fair Housing Accessibility Guidelines" (FHAG) as prescribed in R.C. § 3781.1.111.

         E.   Any facility containing two or more stories shall contain elevator access to all dwelling units above the first floor.

         A.   All applicable subdivision regulations, sign regulations, as well as parking and landscaping regulations of this Zoning Ordinance must be satisfied. The location, size, design, and operating characteristics of the facility will be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any, upon desirable neighborhood character.

         B.   Parking accommodations and loading areas shall be provided pursuant to a layout plan designed by the owner of the land to be developed, conforming to Chapter 1171 and showing traffic movement, ingress and egress, traffic control points, the number and size of parking spaces and service areas. In addition, the expected peak hour traffic volume for employees, members of the public and deliveries shall be described by text. The facility shall not adversely affect the generation of traffic and the capacity of surrounding streets.

         C.   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land.

         D.   Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.

         E.   Provision shall be made for an emergency medical service drive or zone.

         F.   Units are to be within reasonable walking distance, generally within two blocks of major traffic arteries, shopping, community facilities, and other daily activities. If this requirement cannot be met, daily service by shuttle bus for residents to these activities must be available.

         G.   The owner shall file with the Franklin or Delaware County Recorder a covenant, approved as to form by the City Attorney, in which said owner shall covenant on behalf of themselves, their heirs, executors, and assigns not to use the property for any other use than nursing homes, senior and disabled housing or senior and disabled independent housing, unless the use complies with all requirements of the Planning and Zoning Code. Required compliance includes, but is not limited to, density, unit sizes, parking, and setbacks.

         H.   In addition to the requirements of Section 1111.02(c), a Site Development Plan for any site plan shall be submitted to the Planning Commission. The plan for senior citizen and physically handicapped housing shall set forth:

            1.   Natural scenic characteristics preserved.

            2.   Recreational, educational and social facilities of the development.

            3.   Pedestrian and bicycle access to neighborhood facilities, parks and scenic areas.

            4.   Building architectural design and construction materials. A minimum of 20% of the total site shall be designated as common open space for active and/or passive recreational uses. Common open space shall not include required setback and buffer yard areas. Up to 40% of the required common open space area may be provided in the form of a common leisure/recreation room.

      (1)   Outside storage or sales associated with an existing use or structure shall be located and screened and/or covered so as to be, or appear to be, an extension of the main store structure.

      (2)   If associated with an existing use or structure, parking, in addition to meeting the code requirements for the underlying use shall additionally provide a minimum of five additional spaces.

      (3)   Christmas tree lots and pumpkin sales.

         A.   Operation shall not exceed 45 days in duration and be permitted only once per calendar year.

         B.   Setbacks shall conform to those of the zoning district.

         C.   Signage shall conform to temporary sign standards.

         D.   Flashing, blinking, or moving lights of any kind are not permitted.

         E.   Planning Commission will determine the hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.

         F.   Christmas tree lots and pumpkin sales sites shall be cleaned and restored to their original condition within seven days of the end of operation.

         G.   Conditional use permits are valid for one year. Annual renewals may be granted administratively if the operation remains consistent with Planning Commission's approval.

      (4)   Farmer's markets.

         A.   Operation shall be between April 1 and December 1 and not exceed two days per week.

         B.   Setbacks shall conform to those of the zoning district.

         C.   Signage shall conform to temporary sign standards.

         D.   Flashing, blinking, or moving lights of any kind are not permitted.

         E.   Planning Commission will determine hours of operation, access, traffic, site lighting, and proximity to adjacent residential uses.

         F.   Farmer's market sites shall be cleaned and restored within 24 hours of the end of operation.

         G.   Conditional use permits are valid for one year. Annual renewals may be granted if the operation remains consistent with Planning Commission's approval.

(Ord. 01-31A. Passed 6-19-01; Ord. 2011-13. Passed 3-15-11; Ord. 2024-11. Passed 7-2-24.)