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On the same premises with every building or structure, or part thereof, involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading in order to avoid undue interference with the public use of dedicated rights-of-way. Such space shall be provided as follows:
(a) Loading dock approaches shall be provided with a pavement having an asphalt or concrete base so as to provide a permanent, durable and dustless surface.
(b) Such loading and unloading space, unless completely and adequately provided for within a building, shall be an area ten (10) feet wide by fifty (50) feet long, with a fourteen (14) foot height clearance, and shall be provided according to the following schedule:
Gross Floor Area of Building (sq. ft.) Required Loading and Unloading Spaces
0-2,000 None
2,000-20,000 One (1) space
20,000 – 100,000 One (1) space plus one (1) space for each 20,000 sq. ft in excess of 20,000 sq. ft
100,000 – 500,000 Five (5) spaces plus one (1) space for each 40,000 sq. ft in excess of 100,000 sq. ft
Over 500,000 Fifteen (15) spaces plus one (1) space for each 80,000 sq. ft in excess of 500,000 sq. ft
(c) Required Greenbelt, Setbacks and Screening.
(1) Off-street loading areas, including maneuvering lanes, shall not be located within the front greenbelt required in accordance with Section 5.10. However, off-street loading shall be permitted within the required side or rear yard setbacks, provided a minimum ten (10) foot setback is maintained between off-street loading and the abutting side and rear lot lines.
(2) Off-street loading that abuts residentially zoned or used property shall be screened in accordance with Section 5.10.
(d) Double Count. Off-street loading space areas shall not be construed as, or counted toward, the supplying of area required as off-street parking spaces .
(a) Drive-through Facilities. In addition to meeting off-street parking requirements, all uses that provide drive-through facilities for serving customers within their automobiles shall provide adequate off-street stacking space within a defined stacking lane that meets the following requirements:
(1) Each stacking space shall be computed on the basis of ten (10) feet in width and twenty (20) feet in length. Each stacking lane shall be a minimum of twelve (12) feet wide.
(2) Clear identification and delineation between the drive-through facility and the parking lot shall be provided. Drive-through facilities shall be designed in a manner that promotes pedestrian and vehicular safety.
(3) Each drive-through facility shall have an escape lane to allow other vehicles to pass those waiting to be served. The Planning Commission may waive the requirement for an escape lane where it can be demonstrated that such a waiver will not result in an adverse effect on public safety or the convenience of the patrons of the facility.
(4) The number of stacking spaces per service lane shall be provided for the uses listed below. Each stacking space shall be computed on the basis of twenty (20) feet in length. When a use is not specifically mentioned, the requirements for off-street stacking spaces for a similar use shall apply.
Use
| Stacking spaces Per Service Lane
|
Use
| Stacking spaces Per Service Lane
|
Banks | 4 |
Pharmacy | 4 |
Drycleaners | 4 |
Fast-food Restaurants | 6 |
Car Washes (Self-service) | |
Entry | 3 |
Exit | 1 |
Car Washes (Automatic) | |
Entry | 6 |
Exit | 2 |
(b) Off-Street Waiting Spaces. Uses such as day-cares, schools, hospitals, nursing homes and churches shall provide a safe and efficient means for passengers to be dropped off and picked up. Such off-street waiting spaces shall be clearly delineated so as to ensure the safety of pedestrians and motorists.
Storage and parking of recreational equipment within all residentially zoned districts shall comply with the following:
(a) Storage or parking shall not be permitted on vacant lots or parcels, except as approved by the Zoning Administrator.
(b) All such vehicles shall remain unoccupied and shall not be connected to sanitary sewer facilities or have a fixed connection to electricity, water or gas, except that the parking and occupancy of a recreational vehicle on private property shall be permitted for a period not to exceed two (2) weeks, and not to exceed four (4) times a year.
(c) Any recreational equipment shall be parked or stored, unless otherwise permitted hereafter, in the following manner:
(1) In an enclosed building, such as a garage; or
(2) In the rear yard, or the side yard, subject to the following limitations:
A. The recreational equipment shall be parked or stored no closer than three (3) feet from any window or door of any residential building; and
B. The recreational equipment shall be parked completely within the boundaries of the lot and shall not block a public sidewalk where such public sidewalk exists.
(3) Upon an established driveway in the front yard, provided parking or storage in an enclosed building is not possible, and there is no parking or storage space available in the rear yard or side yard, or there is no reasonable access to either the rear yard or side yard, subject to the following limitations:
A. The recreational equipment shall be parked completely within the boundaries of the lot or parcel and shall not block a public sidewalk where such public sidewalk exists.
B. No more than two (2) items of recreational equipment shall be permitted to be parked or stored upon any established driveway at any one time. For purposes of this limitation, recreational equipment used in conjunction with other recreational equipment, such as a boat mounted on a boat trailer, shall be considered as one (1) item of recreational equipment.
C. At no time shall any unmounted camper enclosure or any boat not mounted on a boat trailer be permitted to be parked or stored in the front yard or upon any established driveway.
D. Parking of recreational equipment in the driveway shall not prevent the off-street parking requirements set forth in Section 10.03 from being met.
(d) Other than in an enclosed building, no person shall park or store more than two (2) items of recreational equipment upon any one-family residential lot or parcel in a one-family residential area.
(e) Recreational and camping equipment may be parked anywhere on the owner's premises for loading or unloading purposes for a period of not more than forty-eight (48) hours.
(f) Recreational equipment must be kept in good repair and carry a prior or current year's license plate and/or registration.
(g) Where, by reason of exceptional shallowness or shape of a specific lot, field, site or tract of land, or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such particular property, a regulation enacted would result in peculiar and exceptional practical difficulties to or undue hardship upon the owner of recreational equipment, the Board of Zoning Appeals may permit a variance from the provisions of this article upon application of the owner.
(h) Recreational equipment may not be stored or parked overnight on any public highway, street or alley for a period in excess of forty-eight (48) hours.
ARTICLE 11
NONCONFORMING USES, STRUCTURES AND LOTS
NONCONFORMING USES, STRUCTURES AND LOTS
Certain existing lots, structures and uses of lots and structures were lawful before this Ordinance was adopted, but have become nonconforming under the terms of this Ordinance and its amendments. It is the intent of this Ordinance to permit such non-conformities to remain until they are discontinued or removed, but not to encourage their survival or, where discontinuance or removal is not feasible, to gradually upgrade such non-conformities to conforming status. Nonconforming uses or structures shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Nonconforming uses, structures and lots are declared by this Ordinance to be incompatible with the structures and uses permitted in the various districts.
(a) In any district in which one-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Ordinance, a one-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of the adoption or amendment of this Zoning Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving the area or width, or both, of the lot, conform to the regulations for the district in which such lot is located.
(b) If two (2) or more lots, or combinations of lots and portions of lots, with continuous frontage in single ownership, are of record at the time of passage or amendment of this Zoning Ordinance, and if all or part of the lots does not meet the requirements for lot width and area as established by this Zoning Ordinance, the lands involved shall be considered to be an undividable parcel for the purposes of this Zoning Ordinance, and no portion of such parcel shall be used or sold which does not meet the lot width and area requirements established by this Zoning Ordinance. No division of the parcel shall be made which leaves remaining any lot with a width or area below the requirements of this Zoning Ordinance.
Where, on the effective date of the adoption or amendment of this Zoning Ordinance, a lawful use of land exists that is no longer permissible under the terms of this Zoning Ordinance, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming use of land shall be enlarged or increased or extended to occupy a greater area of land than was occupied upon the effective date of the adoption or amendment of this Zoning Ordinance.
(b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use upon the effective date of the adoption or amendment of this Zoning Ordinance.
(c) If such nonconforming use ceases, for any reason, for a period of more than six (6) months, or a nonconforming use of land which is seasonal in nature is discontinued or does not open for business during a twelve (12) month period, any subsequent use of land shall conform to the regulations specified in this Zoning Ordinance for the district in which such land is located.
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