It is the intent of the "C-P" planned neighborhood shopping district to allow retailing of convenience commodities and personal services which are needed for day-to-day living. Building setback, landscaped areas and ratio of parking area to floor area used in the district regulations are intended for the purpose of regulating traffic and to make uses allows more compatible with adjoining residential uses.

In district "C-P" no building shall be used and no building or structure shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the uses listed in section 4 below.

(1)

The tract for use as a planned neighborhood shopping center shall be not less than four (4) acres in area.

(2)

An applicant for a change in zone to "C-P" planned neighborhood shopping district must satisfy the planning commission that he has the ability to carry out the proposed plan and shall prepare and submit a schedule for construction. The proposed construction shall begin within a period of eighteen (18) months following approval by the governing body and forty (40) per cent of the total planned construction shall be completed within a period of three (3) years following such approval.

(3)

Such applicant also shall prepare and submit a rezoning application and a preliminary development plan for review and approval by the planning commission, which plan shall include:

(a)

A topographic map showing contours at intervals of one foot.

(b)

A plot plan showing:

(1)

Building locations on the tract to conform with the yard requirements in section 7 below.

(2)

Access from streets.

(3)

Parking arrangements and number of spaces (all parking shall be off-street) to conform with section 8 below.

(4)

Interior drives and service areas.

(5)

Landscaped buffer strips to conform with section 7 below.

(c)

Location map showing the development and zoning of the adjacent property within two hundred (200) feet, including the location, and the type of buildings and structures thereon.

(d)

The full legal description of the boundaries of the properties to be included in the area to be zoned as "C-P" district.

(e)

A map showing the general arrangement of streets within an area of one thousand (1,000) feet from the boundaries of the area to be zoned "C-P" district.

(f)

A map showing location of proposed sewer, water and other utility lines.

(g)

A description of the general character of proposed buildings.

(4)

Upon approval of the preliminary development plan by the planning commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. The final development plan and the planning commission recommendation shall be forwarded to the governing body for their review and final action.

(5)

In the event that, within eighteen (18) months following approval by the governing body, the applicant does not proceed with construction in accordance with the plan so approved, the planning commission shall initiate action to rezone the property. A public hearing, as required by law, shall be advertised and held, at which time the applicant shall be given an opportunity to show why construction has been delayed. Following the hearing, the planning commission shall make findings of fact and an appropriate recommendation to the governing body for official action.

The following uses shall be permitted in district "C-P":

(1)

Artists' studios.

(2)

Bakery and pastry shops (retail only).

(3)

Banks.

(4)

Barber and beauty shops.

(5)

Book and stationery stores.

(6)

Clothing or ready-to-wear stores.

(7)

Candy stores.

(8)

Drugstores.

(9)

Dry goods or notion stores.

(10)

Dyeing, dry cleaning or laundry collection offices.

(11)

Fix-it shops for radio, television and small appliances.

(12)

Florists or gift shops.

(13)

Grocery, fruit or vegetable stores.

(14)

Hardware stores.

(15)

Ice cream stores (excluding "drive-ins").

(16)

Jewelry stores.

(17)

Laundry and dry cleaning establishments, coin-operated.

(18)

Meat markets or delicatessens.

(19)

Medical, dental and health clinics (for people only).

(20)

Music studios.

(21)

Offices.

(22)

Photographic studios and shops.

(23)

Public parking lots or stations for passenger cars or taxicabs.

(24)

Restaurants or tea rooms (excluding drive-ins).

(25)

Shoe stores or shoe repair shops.

(26)

Service stations.

(27)

Tailor shops.

(28)

Accessory uses customarily incident to the uses enumerated above, including air-conditioning plants or towers and television and radio antennae.

The area occupied by buildings in this district shall not exceed twenty-five (25) per cent of the net area of the district.

No building or structure shall exceed forty-five (45) feet in height.

Yard regulations shall be in conformance with the following provisions and in accordance with Article XXV of this ordinance.

(1)

All buildings shall set back not less than fifty (50) feet from the right-of-way line of any street and from the boundary line of the district area. Additional setback from a heavily traveled thoroughfare may be required, when found reasonable by the planning commission, for protection of the health, safety and general welfare of the community.

(2)

A solid fence or wall and a fifteen (15) foot landscaped buffer area shall be provided adjacent to any adjoining residential district and shall be maintained by the owner or owners of the "C-P" district.

(Ord. No. 1978, § 1, 1-18-2007)

(1)

There shall be at least three (3) times as much area devoted to off-street parking, including access ways and parking stalls as there is ground floor area devoted to buildings.

(2)

The off-street parking space required above shall be provided in addition to any space to be used for commercial parking, taxicab stands, truck and bus parking, loading space or commercial delivery cars.

(3)

Ample off-street space for standard loading and unloading shall be provided within the development.

(4)

The location of any driveway and illumination of parking areas shall be subject to the recommendations of the planning commission. Lights used to illuminate the parking area shall be so placed that they will not reflect on adjoining residential properties.

(5)

Plans and approval required: Plans showing layout and design of all required off-street parking areas shall be submitted and approved by the building official prior to issuing a building permit. Before approving the parking layout, the building official shall satisfy himself that the spaces provided are usable and meet standard design criteria. All required off-street parking areas, including access drives, shall be improved with asphalt, concrete or similar dustfree surface and all parking spaces shall be clearly marked.

(6)

Performance: In lieu of construction of the required parking lot, the governing body may accept a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the governing body and conditioned upon the actual completion of such work or improvements within a specified time and the governing body may enforce such bond by all equitable means.

(1)

Adequate entrances and exits for vehicles shall be located and designed as to result in a minimum interference with traffic on adjoining streets.

(2)

Right-of-way for streets shall be provided as may be necessary to comply with the approved comprehensive plan requirements.

See Article XIX.

(Ord. No. 1414, 4-9-1981; Ord. No. 1497, § 17, 2-14-1985; Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1727, 6-13-1996; Ord. No. 1978, § 1, 1-18-2007)