Loading...
(A) In all business and industrial zones, except the B-3 Zone which is specifically exempt from the provisions of this section, there shall be provided at the time of the erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area, permanent off-street parking space in the amount specified in this section.
(B) In all residential and office and institutional zones, there shall be provided, at the time of the erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area, or before conversion of any building or structure from one zoning use to another, permanent off-street parking space in the amount specified in this section.
(C) The off-street parking space required by this section shall be permanent open space and shall not be used for any other purpose. Wheel stops or curb shall be provided where necessary to prevent any vehicle from encroaching on adjacent property, on any street right-of-way, or on the area within ten feet of such right-of-way as specified in § 154.045(F).
(D) The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another for use during the same hours.
(E) Parking spaces maintained in connection with an existing use at the time of the adoption of this chapter up to the number required by this chapter shall be continued and may not be counted as serving a new structure or addition thereto.
(F) No portion of any street right-of-way or of any area within ten feet of such right-of-way line shall be considered as fulfilling or partially fulfilling the off-street parking requirements of this section.
(G) Except for dwelling units, if the parking space required by this section cannot be reasonably provided on the same lot on which the principal use is conducted, the space may be provided on another lot separated therefrom by not more than 400 feet, provided the lot is located in a zone in which this use is permitted.
(H) Each application for a building permit or certificate of occupancy shall include information as to the location and dimensions of off-street parking space, if required, and the means of ingress and egress between the space and a street or alley. This information shall be in sufficient detail to enable the Inspections Superintendent to determine whether or not the requirements of this section are met.
(I) The certificate of occupancy for the use of any building, structure, or land where off-street parking space is required shall be withheld by the Inspections Superintendent until provisions of this section are fully met.
(J) In accordance with the foregoing provisions, off-street parking space shall be provided and permanently maintained for the following uses in the number indicated:
(1) Auditoriums, theaters, churches, and other places of assembly: one space for each 21 square feet of seating area in main place of assembly;
(2) Business and professional offices: one space for each 200 square feet of gross floor area;
(3) Convenience type grocery stores: one space for each 100 square feet of gross floor area, provided that any fractional result will require an additional whole space;
(4) Dwellings: two spaces for each dwelling unit; any fractional result will require an additional whole space;
(5) Golf courses and country clubs: one space for each 200 square feet of gross floor area, or one space for each acre of real estate, whichever will provide the greatest number of spaces;
(6) Hotels: one space for each two rooms, plus additional space as required for other uses within the hotel;
(7) Hospitals: two spaces for each bed, not including bassinets, provided that any fractional result will require an additional whole space;
(8) Industrial, manufacturing, and wholesale uses: one space for each two employees, based on the maximum number of employees on one shift which the plant or building is designed to employ;
(9) Motels and tourist homes: one space for each room or unit to be rented, plus additional space as required for other uses within the motel or tourist home;
(10) Nursing homes for chronic or convalescent patients and homes for the aged and infirmed: one space for each bed, provided that any fractional result will require an additional whole space;
(11) Occupations, customary home: one space for each 200 square feet of gross floor area devoted to the particular customary home occupation, in addition to the normal off-street parking spaces required of a dwelling. The parking space or spaces shall be located in the rear yard, screened from view of adjacent residential properties, and connected to the access street by paved driveway. Every person connected with or utilizing the services of a customary home occupation shall use the parking spaces provided in the rear yard only, and the owner of the dwelling shall be responsible for requiring such use;
(12) Other business or service uses not otherwise referred to herein: one space for each 200 square feet of gross floor areal;
(13) Retail business uses: one space for each 200 square feet of gross floor area;
(14) Rooming and boardinghouses, fraternities: one space for each room to be occupied;
(15) Schools: three spaces for each room used for administrative offices or class instruction or one space for each six seats in the auditorium or other places of assembly or facilities available to the public, whichever is greater, in elementary schools and junior high schools and the equivalent private or parochial schools. Five spaces for each room used for administrative offices or class instruction or one space for each five seats in the auditorium or other places of assembly or facilities available to the public, whichever is greater, in senior high schools, colleges, universities, and trade and vocational schools. One space for each adult attendant in day nurseries, day-care centers, and preschool kindergartens;
(16) Swimming pools: one space for each 30 square feet of swimming pool area; and
(17) Tennis courts: eight spaces for each unit.
(Prior Code, § 9-4042) (Ord. passed 4-27-1970)
(A) Off-street parking may be provided through a special permit in any residential zone for a multi-family residential, office and institutional, business, or industrial use subject to the following requirements:
(1) The parking lot shall directly abut the multi-family, office and institutional, business, or industrial use;
(2) No portion of the parking lot shall extend more than 150 feet into the adjacent residential zone;
(3) All off-street parking facilities shall be designed with appropriate means of access to a public street or alley, as well as maneuvering space;
(4) Parking areas shall have adequate drainage and shall be provided with bumper guards where required by the Public Works Director;
(5) Parking areas shall be used for parking of automobiles only, with no sales, storage, repair work, dismantling, or servicing of any kind to be permitted;
(6) All required parking spaces shall be of a design and located so as to be convenient and readily usable by the patrons thereof;
(7) Sufficient area shall be provided within the property lines so that all vehicles may enter and leave in a forward motion;
(8) All parking lots shall be paved with concrete, penetration macadam, or plant mix;
(9) If illuminated night time parking is to be permitted, the lights shall be shielded so as to prevent direct beaming into a residential area;
(10) A screen containing a mixture of deciduous and evergreen trees spaced in a staggered triangular pattern not more than ten feet apart and containing not less than two rows of dense plant materials shall be planted in a 15-foot buffer strip along the rear or side lines, either or both. The screen shall be planted at an initial height of at least three feet and shall be of a variety that an average height of six feet can be expected by normal growth within four years from the time of initial planting. No plant material which would be a host to insects, would affect the plants on adjoining property, or would spread disease can be used; and all plant material must be nursery grown and conform to the guidelines as published by the American Nursery Association in its 1959 edition. All plant materials shall be planted at least three feet from the side or rear lot line of adjoining property and shall be planted in the required buffer strip prior to the issuance of a certificate of occupancy by the Inspections Superintendent. The buffer strip shall be maintained in neat order and condition by the property owner and/or occupant of the premises. The plant material shall be periodically trimmed or pruned at a height of not less than six feet and diseased or dead plant material shall be removed and replaced; and
(11) The requirements set forth herein shall be in addition to the off-street parking requirements of § 154.046.
(B) The Board may, in the special permit, restrict the hours of parking.
(C) A special permit for this use shall be limited to a period of two years initially and thereafter may be renewed by the Board, for a period not to exceed 12 months; provided, however, that a violation of any provision of the special permit shall revoke the license granted. No special permit shall be issued or renewed until after a public hearing is held on the matter.
(Prior Code, § 9-4043) (Ord. passed 4-27-1970)
(A) At the time of the erection of any main building or part thereof which is designed, arranged, or used for any use required by this section to provide off-street loading and unloading space, the space shall be provided as set forth herein:
(1) Retail and service establishments with a gross floor area of less than 20,000 square feet, and all wholesale and industrial operations with a gross floor area of less than 10,000 square feet: one loading space with minimum dimensions of 12 feet by 25 feet; provided, however, two or more adjoining establishments with a total gross floor area of not more than that specified herein may be considered as one establishment for the purpose of complying with this provision;
(2) Retail and service establishments with a gross floor area of 20,000 square feet or more: one loading space with minimum dimensions of 12 feet by 25 feet for every 20,000 square feet of gross floor area and any fraction thereof in excess of 10,000 square feet;
(3) Office buildings and hotels with a gross floor area of 50,000 square feet or more: one loading space with minimum dimensions of 12 feet by 25 feet for every 50,000 square feet of gross floor area and any fraction thereof in excess of 25,000 square feet;
(4) Industrial and wholesale establishments with a gross floor area of 10,000 square feet or more shall provide loading spaces with minimum dimensions of 12 feet by 55 feet as follows.
10,000 – 40,000 square feet | 1 space |
40,000 – 100,000 square feet | 2 spaces |
100,000 – 160,000 square feet | 3 spaces |
160,000 – 240,000 square feet | 4 spaces |
240,000 – 320,000 square feet | 5 spaces |
320,000 – 400,000 square feet | 6 spaces |
Each 100,000 square feet above 400,000 square feet | additional 1 space |
(B) The off-street loading and unloading space required by this section shall be permanent space and shall not be used for any other purpose.
(Prior Code, § 9-4044) (Ord. passed 4-27-1970)
(A) Nonconforming uses.
(1) A nonconforming use shall not be extended; except, however, a nonconforming use of any building may be extended to any portion or portions of the building which were at the time the use became nonconforming manifestly arranged or designed for the use.
(2) No structural alterations shall be made in a building housing a nonconforming use, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building.
(3) The nonconforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riot, or Act of God, shall be discontinued, and the building or structure shall thereafter be used only in conformance with the provisions of the zone in which located.
(4) A nonconforming use shall not be changed to any but a conforming use. When a nonconforming use has been changed to a conforming use it shall not be changed again to any nonconforming use.
(5) No changes shall be made in the landscaping, grading of the lot, or external appearances of a nonconforming use without the grant by the Board of Adjustment of a special exception authorizing a change. The Board shall grant an exception only upon an affirmative finding that the proposed change will have no adverse effect upon neighboring properties or upon the public welfare. The Board may impose any appropriate conditions and safeguards upon any special exception which it grants for the further protection of neighboring properties in the public welfare.
(6) When any nonconforming use is discontinued for a period exceeding 90 days, any future use shall conform to the provisions of this chapter unless the Board of Adjustments shall grant a special exception authorizing the continuance and, if requested, change, but not the expansion, of the nonconforming use. The Board shall grant such a special exception only upon the affirmative finds that:
(a) A building is located on the site which cannot, because of construction or design, practically be adapted to a use in conformity with the provisions of this chapter;
(b) The building complies with state and local codes applicable if the use were in conformity with the provisions of this chapter;
(c) Parking sufficient to meet the standards set out in § 154.046 will be provided;
(d) Driveway access will be provided sufficient to avoid problems of egress and ingress to the property;
(f) The proposed use, if it be different from the former nonconforming use, is closely related to the former nonconforming use and no more detrimental in its effects upon surrounding properties and the general welfare than the former nonconforming use; and
(g) The granting of the special exception will not have an adverse impact upon the adjoining properties and the neighborhood at large.
(7) Any special exception granted by the Board of Adjustments pursuant to the provision of this section shall be valid only for a period of two years from the date of issue. The special exception may thereafter be renewed for two-years’ period, but only upon public hearings before the, and upon the, Board’s again making the affirmative findings set out above. The Board may impose any appropriate conditions and safeguards upon any such special exception which it grants for the further protection of neighboring properties and the public welfare.
(B) Nonconforming buildings or structures. Nonconforming buildings and structures shall be allowed to remain subject to the following provisions.
(1) A nonconforming building or structure shall not be extended unless such extension shall comply with all the requirements of this chapter for the zone in which it is located.
(2) A nonconforming building or structure which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riot, or Act of God, shall not be reconstructed except in conformance with the provisions of this chapter.
(3) Nonconforming signs or billboards shall be eliminated or changed to conform with the provisions of this chapter within 18 months of the date the signs or billboards become nonconforming.
(Prior Code, § 9-4045) (Ord. passed 4-27-1970; Ord. passed - -)
Cluster developments shall have a minimum of five lots and shall be developed in accordance with the following standards:
(A) Uses shall be limited to single-family detached dwellings and related accessory uses.
(B) Cluster developments shall be exempt from the minimum lot size for the district in which located, provided that in no case shall the lot size be less than 75% of the minimum required lot size. All other minimum dimensional requirements of the district shall apply.
(C) The maximum potential number of lots that may be created shall be computed by subtracting 20% of the gross area (as allowance for street right-of-way) and by dividing the remaining area by the minimum lot area requirements for the zoning district in which the development is located. This section shall apply regardless of the amount of land actually required for streets.
(D) An amount of land at a minimum equal to the amount of reduction in lot size as determined by division (B) above shall be placed in open space within the development and each lot shall have direct access or access by right-of-way or easement to such open space. Such open spaces shall be held in nonprofit corporate ownership by the owners of lots within the development. In consideration of the purposes served by a cluster development, the title to such open space property shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purposes. If the corporation desires, improvements may be made within the open space provided that the maximum coverage of each type of improvement shall not exceed the following:
(1) Above ground improvements: 3% of the open space; and
(2) Level or below ground improvements: 20% of the open space.
(E) As an option, where the Board of Commissioners agrees, such open space may be dedicated to the town for public benefit.
(Prior Code, § 9-4046) (Ord. passed - -)
Loading...