§ 137-327. Height, area, and development regulations.

In the commercial C-2 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per shopping center shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed two stories or 35 feet in height.

(2)

Setbacks. There shall be a 50-foot building setback from all property lines.

(3)

Minimum lot area and maximum intensity of use.

a.

Every parcel of land in which a new shopping center is erected shall have a minimum of 200 feet in width as measured at the front lot line and an area of not less than two acres.

b.

No center shall be erected or structurally altered in ground floor area so that more than 25 percent of the area of the lot will be occupied.

(4)

Off-street parking.

a.

Ratio requirements.

1.

Colleges and universities, one per five students, based upon design capacity.

2.

Libraries, two per 1,000 square feet of gross floor area.

3.

Restaurants, ten per 1,000 square feet of gross floor area.

4.

Theaters, enclosed, one per three seats.

5.

All other uses, five per 1,000 square feet of gross floor area.

b.

Construction parameters. The following shall apply to all parking lots:

1.

All parking spaces required to service the principal building shall be located on the same lot as the principal building, or on a separate lot which is within 300 feet of the main entrance to the principal building.

2.

When a principal building undergoes an increase in the gross floor area, seating capacity, or number of units, the required off-street parking availability shall be increased to equal or exceed the off-street parking requirements.

3.

All parking lots shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds without damaging the pavement. The lot shall be properly maintained at all times.

4.

All lots shall be lighted if used after sunset. Lights shall be located, shielded, and directed upon the parking lot in such a manner as to not shine or reflect onto adjacent property or into the public right-of-way. Lighting shall not exceed three footcandles as measured at that portion of the lot line which abuts residentially-zoned property.

5.

A minimum 25-foot parking lot setback shall be provided between the property line and/or public road right-of-way and edge of the parking lot pavement. Where adjacent to public road right-of-way, excepting limited-access highways, this area shall be bermed/mounded a minimum of three-feet above the elevation of the adjacent roadway pavement measured at the centerline. A minimum ten-foot parking lot setback shall be provided between internal vehicular collector drives and the edge of parking lot pavement. Slag, gravel or any type of pavement shall be prohibited within the setback area. The setback area shall be landscaped with vegetative ground cover or grass and/or decorative trees or shrubs.

6.

Public address systems shall not be permitted in any parking lot.

7.

Parking spaces shall be a minimum of 180 square feet in area with a minimum width of 8½ feet. Small car parking spaces may be constructed, but shall be no smaller than 130 square feet in area with a minimum width of 8½ feet. A maximum of 25 percent of the total off-street parking spaces may be used for small cars, and each parking space shall be marked by an above-grade sign as a small car parking space.

8.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(5)

Off-street loading. At least one off-street loading or unloading berth shall be provided in the ratio of one berth per 25,000 square feet of gross floor area, including basement storage space. Each berth shall be at least ten feet by 45 feet with a 14-foot vertical clearance. The required berth shall be suitably graded, drained, and paved with a durable, dust-free hard surface.

(6)

Vision clearance. No structure, fence, hedge, or other plantings shall be permitted within a ten-foot radius of the corner of the lot where the corner lot adjoins the intersecting street right-of-way. There shall be a complete vision clearance for a distance of not less than ten feet above the ground on all corner lots.

(7)

Fences and landscape screening.

a.

A seven-foot fence shall be mandatory along any shopping center property line which is contiguous to any residentially-zoned property. The fence shall be designed to provide security, and also to contain paper products and debris within the shopping center property.

b.

Along any shopping center property line which is contiguous to any residentially-zoned property, the area between the property line and the required parking lot setback shall be sodded, planted, and landscaped with at least six-foot-high bushes, shrubs, or trees in order to form a permanent opaque, landscaped screen.

(8)

Trees. Only hardwood trees shall be planted between the curb and sidewalk in the tree lawn. No trees shall be planted in tree lawns of less than five feet in width. The spacing of trees in tree lawns shall be not less than 40 feet apart.

(9)

Signs. All signs shall conform with requirements of chapter 129.

(10)

Design review; development plan restrictions. This section shall apply only to new commercial development, new commercial development (separate structures) on existing sites, or total commercial redevelopment or replacement. This section shall not apply to building additions or expansions to existing buildings. All construction shall meet the requirements of chapter 105, design requirements as referenced herein, except that the plan commission shall specifically consider the context of the proposal relative to the nonconforming status of adjacent structures. The plan commission may consider the nonconforming status of adjacent structures in approving waivers in accordance with section 105-39. In accordance with section 105-4, the applicable design requirements are identified as follows:

a.

Section 105-76, architectural materials, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. At a minimum, two-thirds of each face of the visible portions of the building must use appropriate architectural materials. The remaining third may consist of other materials as may be determined by the owner/developer of the building. Appropriate architectural materials shall be expanded to include glass, exterior insulation and finish systems (EIFS), decorative concrete block and similar masonry units, painted/stained lap wood siding, and other high-quality materials as may be deemed appropriate by the plan commission. Metal siding and standard concrete block exterior finishes shall be considered inappropriate architectural materials. The color of all exterior architectural finishes shall meet the requirements of section 105-77 as supplemented below.

b.

Section 105-77, architectural color and textures, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. Appropriate colors and textures may be expanded to include bold and contrasting colors subject to the review and approval of the plan commission in accordance with the established intent of the ordinance as documented by section 105-2.

c.

Section 105-108, mechanical equipment.

d.

Section 105-109, vending machines and newsracks, this requirement shall not apply to newsracks located in conjunction with restaurants which meet the required building setbacks of the district. Newsracks located adjacent to other commercial buildings that are designed in concert with the building may also be deemed appropriate by the plan commission.

e.

Section 105-116, dumpster/utility service areas.

f.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.077; Ord. No. 2915, 8-4-1986; Ord. No. 2989, 12-15-1986; Ord. No. 3066, 7-20-1987; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3698, 6-21-1993; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)