Article 14 — Community Shopping Center Zones (C-3)

* The title of Article 14, formerly entitled “Community or Regional Commercial Zones,” amended by Section VIII, Ordinance No. 173-NS, effective November 5, 1970.

The C-3 or Community Shopping Center Zone is intended for planned shopping centers which serve several neighborhoods and where the land and compatible retail stores and associated facilities are designed and developed together as an integrated unit using modern site planning techniques. The primary tenant will usually be a junior department or variety store, and the center will provide not only convenience goods, such as food, drugs, and personal services, but also shopping goods, such as apparel and furniture, as well as professional services and recreation. Shopping centers of this size will be designed and located so as to minimize traffic congestion on public highways and streets in the vicinity and to best fit the general land use pattern of the area to be served. (§ X, Ord. 173-NS, eff. November 5, 1970)

Only the uses identified in Article 21 of this chapter as being permitted in the Community Shopping Center (C-3) Zone shall be established or maintained on property located therein, subject to the permitting requirements and limitations set forth in said Article 21.

(§ 8130.1, T.O.O.C., as amended by § 1, Ord. 72, § 6, Ord. 126, § 3, Ord. 211, § 2, Ord. 135-NS, eff. January 27, 1970, § IX, Ord. 173-NS, eff. November 5, 1970, § XXI, Ord. 220-NS, eff. August 19, 1971, § 3, Ord. 1304-NS, eff. October 23, 1997, § 10, Ord. 1379-NS, eff. August 9, 2001, and § 24, Ord. 1620-NS, eff. August 12, 2016)

(§ 8130.3, T.O.O.C., as amended by § 6, Ord. 55, § 12, Ord. 86, § 3, Ord. 119, § 6, Ord. 126, § 3, Ord. 135-NS, eff. January 27, 1970, § VI, Ord. 163-NS, eff. August 27, 1970, § XI, Ord. 173-NS, eff. November 5, 1970, § XXII, Ord. 220-NS, eff. August 19, 1971, § XI, Ord. 312-NS, eff. November 2, 1972, § III, Ord. 557-NS, eff. February 19, 1976, § I, Ord. 661-NS, eff. January 12, 1978, § III, Ord. 772-NS, § I, Ord. 773-NS, eff. March 5, 1981, § 11, Ord. 1187-NS, eff. October 5, 1993, § 12, Ord. 1273-NS, eff. January 8, 1997, § 1, Ord. 1416-NS, eff. October 16, 2003, § 5, Ord. 1554-NS, eff. May 13, 2011, § 13, Ord. 1555-NS, eff. May 13, 2011, and repealed by § 25, Ord. 1620-NS, eff. August 12, 2016)

(§ 8130.2, T.O.O.C., as amended by § 5, Ord. 55, § ii, Ord. 86, § 15, Ord. 95, § 6, Ord. 126 § XII, Ord. 173-NS, eff. November 5, 1970, § XXIII, Ord. 220-NS, eff. August 19, 1971, § IV, Ord. 557-NS, eff. February 19, 1976, § III, Ord. 563-NS, eff. March 18, 1976, § 4, Ord. 980-NS, eff. November 3, 1987, § 4, Ord. 1025-NS, eff. May 16, 1989, § 3, Ord. 1113-NS, eff. August 8, 1991, § 24, Ord. 1178-NS, eff. April 27, 1993, § 12, Ord. 1187-NS, eff. October 5, 1993, § 5, Ord. 1292-NS, eff. August 28, 1997, § 3, Ord. 1323-NS, eff. June 25, 1998, § 11, Ord. 1379-NS, eff. August 9, 2001, § 24, Ord. 1392-NS, eff. June 7, 2002, § 2, Ord. 1416-NS, eff. October 16, 2003, § 4, Ord. 1485-NS, eff. October 11, 2007, and repealed by § 25, Ord. 1620-NS, eff. August 12, 2016)

Unless otherwise stated in the development permit, such permit shall be subject to all the following conditions and limitations:

(a) The open storage of materials and equipment shall be permitted only when incidental to the permitted use of an office, store, or other building located on the front portion of the same lot; provided, however, such storage area shall be approved and shown on the plot plan.

(b) Buildings and other structures shall not occupy more than twenty-five (25%) percent of the area for which the development permit is issued. The remaining area shall be used for automobile

parking and circulation and shall be completely improved, surfaced, and marked for such purpose.

(c) Whenever the parking and circulation area abuts property in an R Zone, there shall be erected along the property line abutting the R Zone a solid fence or wall six (6’) feet in height, or an evergreen hedge shall be planted and maintained at a height of six (6’) feet.

(d) No structure shall be located less than one hundred (100’) feet from the center line of any public road, street, or highway or less than within ten (10’) feet of any boundary line of abutting R property, except when the structure height exceeds twenty-five (25’) feet, it shall be located not less than twenty (20’) feet from any such boundary line.

(e) Structure heights within the C-3 Zone shall be as set forth in Section 9-4.2501 of Article 25 of this chapter.

(f) Ingress and egress roads leading onto a limited access highway shall be located at intervals not less than six hundred (600’) feet apart. Ingress and egress roads leading onto any other public road, street, or highway shall be located at intervals not less than three hundred (300’) feet apart, except when such road, street, or highway is designed as a service road for any adjacent commercial area, the ingress and egress roads shall be located at intervals not less than one hundred (100’) feet apart.

(g) Frontage or interior service roads shall be provided to serve such C-3 area.

(h) Wherever the parking or circulation area abuts a public street and the property across such street is zoned for residential uses, there shall be provided along the C-3 area property lines adjacent to the street, except within the approved exit and entrance ways, a planting strip one and one-half (1- 1/2’) feet wide within which plantings shall be maintained at a minimum height of two and one-half (2-1/2’) feet; provided, however, where sight distance may be

impaired, the Community Development Director may permit a lesser height requirement. Appropriate wheel blocks shall be installed along the parking area sides of the planting strip.

(i) Trees, approved as to number and type by the Landscape Supervisor, shall be planted in the parkway area between the curbs and sidewalks.

(j) Every lot created on or after September 5, 1969, shall have a minimum street frontage of one hundred (100’) feet and a minimum lot area of twenty thousand (20,000) square feet; provided, however, any lot having frontage on a limited or controlled access highway shall have a minimum frontage of six hundred (600’) feet unless;

(1) All access rights to such limited or controlled access highway have been dedicated to, and accepted by, the City subject to such driveways or common driveways as permitted in such acceptance of access rights dedication; or

(2) A special use permit for an automobile service station, including access thereto, has been approved by the City. (k) Every lot created on or after September 5, 1969, shall have a depth at least equal to the required street frontage of such lot (except the required frontage along limited or controlled access highways) and a depth not more than three

(3) times the amount of the actual street frontage of such lot.

(l) Each community shopping center site shall consist of a minimum of ten (10) acres and up to a maximum of forty (40) acres. After a development permit for the center has been approved by the City, individual lots may be created so long as they comply with the provisions of subsections (j) and (k) of this section.

(m) The applicant shall submit a construction sequence for the land covered by the permit showing the order in which particular structures and facilities will be constructed, and, upon approval of the sequence, the applicant shall not deviate from such sequence without written approval by the Community Development Director.

(§ 8130.4, T.O.O.C., as amended by §§ 6, 7 and 8, Ord. 126, § 3, Ord. 105-NS, eff. September 5, 1969, § XIII, Ord. 173-NS, eff. November 5, 1970, and § VIII, Ord. 495-NS, eff. October 10, 1974)

(§ 8130.5, T.O.O.C., as amended by § 6, Ord. 126, § 7, Ord. 142-NS, eff. March 26, 1970, § IX, Ord. 162-NS, eff. August 27, 1970; repealed by § 25, Ord. 1178-NS, eff. April 27, 1993)

(§ 5, Ord. 887-NS, eff. April 9, 1985, as amended by § 3, Ord. 1401-NS, eff. February 6, 2003, and repealed by § 25, Ord. 1620-NS, eff. August 12, 2016)