APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\“C-P” PLANNED NEIGHBORHOOD SHOPPING DISTRICT

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 allowed more compatible with adjoining residential uses.

In District “C-P”, no structure or land shall be used and no structure shall be altered, enlarged or erected which is arranged, intended or designed for other than one of the uses listed in the Use Regulations.

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

2.    An applicant for a change in zoning 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 18 months following approval by the Governing Body and 40 percent of the total planned construction shall be completed within a period of 3 years following such approval.

3.    Such applicant also shall prepare and submit a preliminary development plan for review and approval by the Planning Commission which shall include:

a.    A plot plan showing:

(1)   Contours at intervals of one foot.

(2)   Setback lines or specific building locations in conformance with Section 7 of this Article

(3)   Points of ingress and egress.

(4)   All streets adjoining subject property and the width of existing right-of-way.

(5)   Designation of individual parcels, if the proposed development is to be set up in separate construction phases.

(6)   Landscape buffer strips and screening walls in conformance with Section 7 of this Article

b.    The above-described plot plan shall also include a section designated as “General Provisions” and said section shall contain the following items:

(1)   Net area _ square feet or _ acres. (Note: Net area does not include land dedicated or necessary to be dedicated for public street right-of-way. If more than one parcel is intended, then designate the net area for each parcel as well as for the total project.)

(2)   Building coverage shall not exceed 25% of the net developable area of each individual parcel and of the total development.

(3)   Floor area ratio shall not exceed 0.35.

(4)   Off-street parking shall be provided as required by these regulations.

(5)   Gross floor area proposed __ square feet.

c.    The full legal description of the boundaries of the properties to be included in the area to be zoned as a “C-P” District.

d.    A map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the area to be zoned “C-P” District.

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

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.    Any substantial deviation, as determined by the Zoning Administrator from the development plan shall constitute a violation of the building or zoning permit authorizing construction of the project. Changes in plans shall be resubmitted for reconsideration and approval by the Planning Commission and Governing Body prior to the issuance of a building permit.

6.    In the event that within 18 months following approval by the Governing Body, the applicant does not proceed with construction substantially 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.

The following uses shall be permitted in District “C-P”:

1.    Appliance repair or fix-it shops for radio, T.V. and small appliances.

2.    Artist's studios.

3.    Bakery and pastry shops (retail only).

4.    Barber and beauty shops.

5.    Book and stationery stores.

6.    Business and professional offices.

7.    Candy stores.

8.    Clothing and apparel stores.

9.    Dancing studio or school.

10.  Department stores.

11.  Drug stores.

12.  Dry cleaning or laundry collection offices where no processing or cleaning of clothing is done on the premises.

13.  Dry goods or notions stores.

14.  Florists or gift shops.

15.  Food stores, including grocery stores, meat markets and delicatessens.

16.  Governmental or public buildings.

17.  Hardware and garden supply stores.

18.  Hobby shop.

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

20.  Jewelry stores.

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

22.  Music studios.

23.  Package liquor stores and private clubs.

24.  Photographic studios and shops.

25.  Public parking lots or stations for passenger cars or taxi-cabs.

26.  Restaurants or tea rooms (excluding drive-ins).

27.  Self-service laundries and dry cleaning stores.

28.  Shoe stores and shoe repair shops.

29.  Service stations.

30.  Tailor shops.

31.  Variety stores and shops.

32.  Accessory uses incidental to the uses enumerated above, including air conditioning plants or towers, television and radio antenna.

The ground area occupied by buildings in this district shall not exceed 25 percent of the net area of the district.

No building or structure shall exceed 35 feet in height.

1.    All buildings shall setback not less than 50 feet from the right-of -way line of any street and 25 feet 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 or semi-solid fence or wall at least 6 feet, but not more than 8 feet high, shall be provided adjacent to any adjoining residential district; however, in the event the adjacent residential district and the commercial development are separated by a public right-of-way, a 10-foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line and maintained by the owner or owners of this property in the “C-P” District.

Right-of-way for streets shall be provided as necessary to comply with the Comprehensive Plan.

(See the Article on Parking and Loading Regulations.)

(See the Article on Sign Regulations.)