§14-308. Neighborhood Shopping Center District.


(1) Use Regulations. The specific uses permitted in this district shall be the erection, construction, alteration, or use of buildings and/or land (subject to § 14-308(3) Required Conditions) for:[129]

(a) The following sales or services, separately, or in any combination: hardware, shoe repairing, dry goods, jewelry, groceries, meat, delicatessen, bakery goods, confections, drugs, wearing apparel, tailoring, personal services; laundries, including self-service establishments; laundry pick-up station and dry cleaning pick-up station; retail dry cleaning establishment not to exceed 2,500 square feet in gross floor area;[130]

(b) Self service dry cleaning establishment; provided,

(.1) The Fire Marshal shall have certified that the premises, machines, equipment and materials are in compliance with the Fire Code as set forth in Chapter 5-800.[131]

(.2) An attendant over 21 years of age and trained in the use of the equipment on the premises employed by the licensee shall be present at all times when the premises where the self-service dry cleaning establishment is located is open for business.
(.3) No operator of any coin operated dry cleaning equipment shall use or permit to be used any solvent other than that which has been approved, by the manufacturer of the equipment, for use therein.

(.4) An interlock system shall be provided on the machine to prevent the loading door from being opened during the normal cycle. Said system may be electrical or mechanical and so connected as to remain effective in case of power failure.

(.5) The licensee shall permit only the front side of the dry cleaning machines to be accessible to the customers. The working or maintenance portion of the machines shall be constructed, located and maintained so as to be not accessible to the customer. At no time when customers are present shall the concentration of vapors, in the customer area from the dry cleaning solvent exceed one hundred parts per million.

(.6) There shall be prominently posted on the premises the name, address and telephone number of the owner or operator of said business and there shall be a public telephone on the premises in a conspicuous location.

(c) Business or professional office or agency, financial institution, library, or studio;[132]

(d) Restaurant, cafe, bakery, or soda or ice cream fountain, including outdoor dining areas;

(e) A use of the same general character as (a) to (d) above, when authorized by a Zoning Board of Adjustment Certificate;

(f) Accessory uses not otherwise prohibited, customarily incidental to any permitted principal use.

(2) Use Regulations - With Certificate.[133] The following uses will be permitted in this district only if a Zoning Board of Adjustment Certificate, as hereinafter provided, is obtained, and only in completely enclosed buildings:
(a) Delicatessen;

(b) Take out restaurant;

(c) The retail sale of malt beverages for take-out as an accessory use;

(3) Required Conditions.[134]

(a) All uses set forth in subsection (1) shall be conducted wholly within a completely enclosed building, except for automobile parking and outdoor dining areas;

(b) All uses set forth in subsection (1) shall be conducted at retail only;

(c) No single store shall occupy an area exceeding 4,000 square feet;

(4) Area Regulations.[135]

(a) Building Set-back Line. No building set-back shall be required in this district.

(5) Height Regulations.[136]

(a) The maximum height of any structure shall be 35 feet above the average ground level at the base of the structure, but in no case over three stories.

(6) Off-Street Parking.[137]

(a) There shall be provided on the same lot, at the time of erection of any building or structure, or for the extension of any building or structure, or for the subdivision of this district into two (2) or more parcels, off-street parking spaces for automobiles for all new buildings or structures, for all extensions or additions, for all subdivisions, as well as for all existing buildings regardless of when they were erected and/or under which zoning classification they were erected, in accordance with the following requirements:

(.1) Off-street parking spaces in compliance with all of the provisions of § 14-1403 of this Title;

(.2) The number of parking spaces shall be provided according to the following schedule:[138]
Building’s Net Leasable Area
Spaces required per 1,000 square feet of net leasable area
1 - 400,000 square feet
4
400,001 - 600,000 square feet
4.5
600,001 and over
5

(b) Landscaping, screening, lighting, and pedestrian walkways shall be provided in accordance with the requirements of § 14-1403(3). Provided, this subsection shall not apply to the construction or erection of an addition to an existing building or structure or of a new building or structure in an existing Neighborhood Shopping Center which contains net leasable area which is fifteen percent (15%) or less (but in no case more than five thousand square feet) than the net leasable area of the existing building, structure or Neighborhood Shopping Center.

(c) Where a Neighborhood Shopping Center District is located within the same block frontage as a Residential District, the development of any portion of the off-street parking shall be designed so that all parking spaces and aisles are located behind the minimum set-back required by the most restrictive Residential District.

(7) Signs.[139] Signs accessory to uses on the premises shall be permitted in this district only under the following conditions:

(a) The total area of signs permitted on buildings shall not exceed five square feet for each lineal foot of store-front width, and may be attached flat against the wall of the building or marquee, or upon the roof of a marquee, and may project above the roof or wall coping, but may not extend beyond the building walls;

(b) In addition to the signs allowed in sub-section (a) above, one free-standing sign shall be permitted under the following conditions;

(.1) Such sign is located upon the lot where permitted uses are in existence;

(.2) The uses upon the lot exceed a sales-floor area of 15,000 square feet; and

(.3) Such sign shall not contain more than two sign faces with a total area of 200 square feet, exclusive of supporting structures, nor exceed in total height 40 feet from grade level to the top of the sign;

(c) Signs may be animated or illuminated; provided, the illumination shall be focused upon the sign itself so as to prevent glare upon the surrounding areas;

(d) Signs with flashing or intermittent illumination shall not be erected within 150 feet of any Residential District, nor facing any Residential District within 300 feet of the sign;

(e) Signs which revolve shall be prohibited;

(f) Any revolving device which causes intermittent flashes of light to be projected shall be prohibited.