(2) Use Regulations.

(a)   Commercial vehicle repair and maintenance, commercial vehicle sales and rentals, vehicle fueling station, personal vehicle repair and maintenance, personal vehicle sales and rentals, and vehicle paint finishing shop uses are prohibited within all lots zoned I-1 or I-2. 526

(b)   In CA-2 districts, Visitor Accommodations is not permitted within 1,000 feet of a residential zoning district.

(c)   Any use within the Code that qualifies for a special exception shall instead require a variance within this Overlay District. 527

(d)   Any Medical Marijuana Dispensary as defined in § 14-601(6)(c)(.3) shall not include a person authorized to dispense marijuana for recreational or other non-medical purposes. 528

 

Notes

526	Amended, Bill No. 150264 (approved June 16, 2015).
527	Added, Bill No. 210425 (approved June 23, 2021).
528	Added, Bill No. 230448 (became law September 14, 2023).

(3) Roof Decks.

Roof decks and roof deck access structures are prohibited in all residential, CMX-1, and CMX-2 zoning districts.

(4) Height Regulations. 529

In residential, CMX-1 and CMX-2 zoning districts, a building may neither exceed 35 ft. in height nor contain more than three stories.

 

Notes

529	Amended, Bill No. 210865 (became law January 20, 2022).

(5) Minimum Lot Area. 530

(a)   In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:

(.1)   At least seventy-five percent (75%) of lots adjacent to the lot to be divided are 1,000 sq. ft. or less;

(.2)   Each of the lots created is used for one single-family attached home; and

(.3)   Each of the lots created meets the minimum lot width requirement of the zoning district.

(b)   In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:

(.1)   A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;

(.2)   A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.

 

Notes

530	Added, Bill No. 210078-A (approved April 28, 2021).

(6) Accessory Dwelling Units. 531

Accessory dwelling units shall not be permitted.

 

Notes

531	Added, Bill No. 210078-A (approved April 28, 2021).

(7) Bonuses. 532

Lots located in any residential, CMX-1 or CMX-2 zoning district shall not be eligible for any floor area, height or dwelling unit density bonus pursuant to § 14-702 of the Code ("Floor Area, Height, and Dwelling Unit Density Bonuses").

 

Notes

532	Added, Bill No. 210865 (became law January 20, 2022).

(8) Motor Vehicle Parking Ratios. 533

Notwithstanding the provisions of § 14-802(3), the minimum number of required parking spaces within CMX-1 and CMX-2 zoning districts shall be one space per dwelling unit.

 

Notes

533	Added, Bill No. 210865 (became law January 20, 2022).