1325.01 Off-street parking and loading.
1325.02 Special uses.
1325.03 Miscellaneous uses.
1325.04 Performance standards for certain uses.
CROSS REFERENCES
Nuisances - see H. & S. 1101.02
Signs defined - see P. & Z. 1309.01(16)
Advertising signs defined - see P. & Z. 1309.01(17)
Floodplain regulations - see BLDG. Art. 1721
(a) Off-Street Parking. In all districts, in connection with every manufacturing business, institutional, recreational, residential, or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces in accordance with the requirements set forth herein. The number of required off-street parking spaces shall be the number required for the entire building structure.
(1) Size and access. Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles and each parking space shall have a minimum width of nine feet. Except in the case of one and two family residences, no parking area provided hereunder shall be established for less than three spaces.
There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways shall not be less than ten feet wide. Access to off-street parking shall be limited to several well-defined locations and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts. Access to off-street parking areas for twenty-five or more cars shall be so designed as to provide ingress and egress on two-way traffic streets by right turns only.
(2) Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table 1 in subsection (a)(4) hereof.
(3) Parking for churches, synagogues, and houses of worship. The number of required off-street parking spaces may be eliminated or reduced if there exists within 500 feet of the church, synagogue, or house of worship, public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of Table 1. The church, synagogue, or house of worship must provide the difference if the number of parking spaces in the private or public lots is below the number required by Table 1. Any spaces provided in public or private lots must be shown to be legally available for worshipers on the day or days of greatest use.
(4)
Table 1 Minimum Required off-Street Parking Spaces A. Bowling Alleys Five parking spaces for each alley. B. Churches, Synagogues, One parking space for each five and Houses of Worship permanent seats. When individual seats are not provided, each 20 inches of benches shall be considered one seat. C. Community Buildings, One for each 200 sq. ft. of floor Country Clubs, Social area occupied by all principal and Halls, Lodges, Fraternal accessory structures. Organizations and similar uses. D. Rooming Houses One for each rentable unit. E. Hotels One for each two rentable units. F. Funeral Homes and Five for each parlor. Mortuaries G. Hospital, Nursing and One for each three beds. Convalescing Homes H. Manufacturing, Industrial One for each 1,000 sq. ft. of floor and General Commercial area. Uses not Otherwise Specified Herein. I. Offices One space for every 400 sq. ft. of rentable floor area. J. Restaurants, Bars, and One for each three seats. Night Clubs K. Retail Stores, Store One for each 300 sq. ft. of floor Groups, Shops, etc. area where the floor area shall exceed 1,000 sq. ft, L. Schools: 1. Senior High Schools One parking space for every ten classroom seats. 2. Elementary and Jr. One parking space for every fifteen High Schools classroom seats M. Wholesale Establishments One (1) for each 2,000 sq. ft. of floor or Warehouses area. N. Auditoriums, Theaters One for each 3.5 seats. and Assembly Halls O. Motels One (1) for each rentable unit. |
(b) Off-Street Loading. In any district, in connection with every building or building group or part thereof hereafter erected, which is to be occupied by manufacturing or commercial uses or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirement of Table II in subsection (b)(2) hereof.
(1) Size and location. Each loading space shall be not less than ten feet in width, thirty-five feet in length, and have a minimum clearance of fourteen feet, and may occupy all or any part of any required yard.
(2)
Table II Required Off-Street Loading Berths Required Square Feet of Off-Street Uses Total Floor Area Loading Berths Offices; Hotels; from 10,000 - 25,000 1 Retail; Commercial; from 25,001- 40,000 2 Wholesale; Manufacturing from 40,001- 60,000 3 Storage; and from 60,001- 100,000 4 Miscellaneous Uses for each additional 50,000 or major 1 additional fraction thereof |
(c) Joint Facilities for Parking or Loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to.
(d) Development and Maintenance of Parking Areas and Structures and Loading Areas. Every parcel of land hereafter used as public or private parking area for five or more cars, or structures used as a parking garage, or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements. Plans for such areas shall be reviewed by the Planning Commission to insure compliance with these regulations.
(1) Screening and landscaping. Off-street parking areas and structures for five or more vehicles and off-street loading areas shall be effectively screened by a fence or hedge if located within fifty feet of an R District. Such hedge or fence shall not be less than six feet in height and shall be maintained in good condition without any advertising thereon, Any space between such fence or hedge and the side lot line adjoining premises or the front lot line facing premises in any R District shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition as determined by the Zoning Officer.
(2) Minimum distances and setbacks. No off-street loading area or parking area or part thereof for five or more vehicles shall be closer than ten feet to any dwelling, school, hospital, or institution for human care located on an adjoining or adjacent lot.
(3) Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises. Off-street parking facilities for multi-family structures containing four or more families shall be adequately lighted.
(4) Drainage. Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
(e) Service Stations, Parking Areas, and Garages.
(1) Location of exits and entrances. No gasoline filling station or commercial parking areas or garage for twenty-five or more motor vehicles shall have an entrance or exit for vehicles within 200 feet along the same side of a street on which is located a school, public playground, church, hospital, fire station, public library, or institution for dependents or for children, except where such property is in another block or on another street on which the lot does not abut. Such access shall be not closer to the intersection of any two streets than fifty feet.
(2) Location of oil drainage pits and hydraulic lifts. No oil draining pit or hydraulic lift shall be located closer than twenty-five feet to any R district, except when such pit or lift is within a building. Storage tanks are to be located underground.
(3) Work area. In any gasoline filling station or other establishment where motor vehicles are serviced or repaired, all repair operations shall be conducted within a building.
(1977 Code Title 4A.)
(a) Special uses, as enumerated in Schedule I in Section 1317.02(a), shall be permitted
only upon authorization by the Board of Zoning Appeals; provided, that such uses shall comply with the following requirements and other applicable requirements as set forth in this Zoning Ordinance.
(1) That the use is a special use as set forth in Schedule I in Section 1317.02(a).
(2) That the use is so designed, located, and proposed to be operated that the public health, safety, welfare, and convenience of the citizens will be protected,.
(3) That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(4) That the use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.
(5) That adequate landscaping and screening is provided as required in Section 1321.05 and as otherwise provided herein.
(6) That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
(b) Regulations Governing Certain Special Uses. The special uses enumerated herein shall be governed by the following specific requirements in addition to the ones presented in subsection (a) above.
(1) Community buildings, country clubs, clubs, social halls, lodges, fraternal organizations, and similar uses.
A. In R Districts where permitted, all buildings shall he a minimum of thirty feet from the front lot line.
B. In R Districts where permitted, such uses shall not be located on lots of less than 10,000 square feet with a minimum frontage of 100 feet.
(2 Hospitals and sanatoria. All buildings where permitted shall be a minimum of fifty feet from the center line of the road.
(c) Regulations Governing Planned Development Groups. Under the standard provisions of this Zoning Ordinance, a separate ground area must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same lot. Also, several lots may be combined into one special plan covering a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare, and convenience in the use and occupancy of buildings and facilities in planned groups.
(1) Standards for reviewing planned development groups. In reviewing all applications for planned development groups, the Planning Commission shall consider a general development plan of the proposed project. The development plan shall show the proposed use or uses, dimensions, and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces, The Commission shall review architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses, and such other pertinent information as may be necessary.
(2) Residential building groups. Spacing between buildings and orientation in multiple dwelling structures shall be as follows:
A. Walls containing main window exposures or main entrances shall be so oriented as to insure adequate light and air exposures.
B. Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
C. A building wall exposing both windows and an entrance way shall be located no closer to another building than fifty feet.
D. A building wall exposing only windows or only an entrance way shall be 1acated no closer to another building than twenty-five feet.
E. A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.
(3) Usable open space. In residential building groups providing for permanent family occupancy, play areas for children and other recreational areas in safe locations and in an amount of not less than ten percent (10%) of the gross land area of the development shall be provided.
(4) Spacing and orientation of commercial groups. Spacing between buildings and orientation in commercial building groups shall be as follows:
A. Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.
B. A building group may not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.
(5) Circulation.
A. There shall be an adequate amount in a suitable location, of pedestrian walks, malls, and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls, and public transportation loading places from general vehicular circulation facilities.
B. Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(6) Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage, and treatment of turf to handle storm waters, prevent erosion and formation of dust as determined by the Commission Engineer.
(7) Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts as determined by the Commission Engineer.
(1977 Code Title 4A.)
(a) Conversions.
(1) In R- 3 Districts. Conversions are permitted provided that:
A. Off-street parking shall be provided in an amount of not less than one for each new dwelling unit added.
B. There shall be at least 500 square feet of habitable dwelling space in each dwelling unit.
C. There shall be at least one bathroom in each dwelling unit.
(2) Non-dwelling structures. No commercial or manufacturing structure, originally designed for other than residential use, shall be converted to a dwelling structure; nor shall any such structure which was so converted prior to the adoption of this Zoning Ordinance be further converted to provide for additional dwellings,.
(b) Home Occupations. Permitted home occupations may be conducted in any dwelling unit only under the following conditions:
(1) Where permitted. Home occupation shall be permitted within a single dwelling unit or accessory structures thereto. These home occupations shall not provide employment for more than two nonresident employees.
(2) Evidence of use. Does not display or create outside the building any evidence of the home occupation, except that one unanimated, non- illuminated flat or window sign having an area of not more than one square foot shall be permitted on each street front of the lot on which the building is situated.
(3) Extent of use. Does not utilize more than twenty percent (20%) of the floor area of the dwelling unit (except foster family care), and except that the offices of the learned professions may utilize not more than forty percent (40%) of the floor area of the dwelling unit.
(4) Permitted home occupation. Includes not more than one of the following uses on a lot: professional offices, rooming and boarding houses, tutoring (excluding dance studios) and custom tailoring or dressmaking.
(c) Signs. Signs may be erected and maintained only when in compliance with the following provisions:
(1) Signs in residential districts. The following types of non-illuminated, non- advertising and non-flashing signs are permitted in all residential districts as follows:
A. Nameplates and Identification Signs. Signs indicating the name or address of the occupant, or a permitted home occupation, provided that they shall not be larger than one square foot in area. Only one such sign per dwelling unit shall be permitted except in the case of corner lots where two such signs (one facing each street) shall be permitted for each dwelling unit.
B. Sales or Rental Signs. Signs advertising the sale or rental of the premises upon which they are located may be permitted provided: 1. The size of any such sign is not in excess of six square feet; and
2. Not more than one sign is placed upon any property unless such property fronts upon more than one street, in which event two (2) signs may be erected, one on each frontage;
3. Such signs shall be promptly removed when premises are sold or rented.
(2) Signs in commercial and industrial districts. Business and advertising signs are permitted in commercial and industrial districts in accordance with the following regulations:
A. Flashing Signs. No flashing signs shall be permitted in any commercial district.
B. Projection of Signs. No business sign shall project into the right-of way of any street.
C. Height of Signs. The height of all signs shall be regulated as follows:
1. Maximum height. The top of any sign shall not project higher than the maximum permitted height of principal structures in the zone where the sign is located.
2. Minimum clearance. No hanging or suspended sign shall be erected or maintained less than fifteen feet above grade.
(3) Advertising signs. The following regulations shall apply to all advertising signs:
A. Minimum Distance Between Signs. Advertising signs fronting on the same side of a public street shall be no closer to one another than 300 feet.
B. Setback. All advertising signs shall conform to the minimum yard requirements of the zone where located.
C. Proximity to R Districts. No advertising sign shall be permitted within 100 feet of any residential zone, public or parochial school, library, church, hospital, or similar institutional use.
(d) Floodplain Development. Single-family detached dwellings may be permitted in an F-l District under special conditions as follows:
(1) Area safe from flooding. Development may take place if evidence acceptable to the Zoning Board is presented which indicates that the area is or will be made safe from flooding.
(2) Special conditions. Development may take place if the following conditions are met and if approved by the Zoning Officer:
A. Construction. The building must be structurally resistant to flood waters.
B. Elevation. The first floor elevation must be above average flood stage, based on past history, as determined by the Zoning Officer.
(1977 Code Title 4A.)
(a) Performance Standards Procedure. Performance standards and special uses enumerated in M-Districts shall be subject to the following standards and procedures:
(1) Prior to construction and operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(2) Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Zoning Officer.
(3) Termination of violation. All violations shall be terminated within thirty days or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
(b) Regulation of Nuisance Elements.
(1) Definition of nuisance elements. A nuisance element is any radioactivity, noise, vibration, glare, smoke, odor and dust which exceeds the performance standards established under this section.
(2) Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at:
A. The property line of the use creating such element for noise, vibration, glare, or dust.
B. Anywhere within the City for elements involving radioactivity, smoke and other forms of air pollution.
C. Outside M-District for odor.
(c) Standards to be Enforced.
(1) Radioactivity. No activities shall be permitted which cause radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation", dated June 16, 1957, or any subsequent revision or amendment thereto.
(2) Noise. No noise which is readily detectable without instruments shall be permitted.
(3) Vibration. No vibration which is readily detectable without instruments shall be permitted.
(4) Glare. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall be visible.
(5) Smoke. No emission of visible grey smoke of a shade equal to or darker than No. -2 on a standard Ringlemann Chart as issued by the United States Bureau of Mines shall be permitted. Visible grey smoke of a shade equal to No. 3 on said chart may be emitted for not more than three (3) minutes in any fifteen (15) consecutive minutes when a firebox is cleaned or when a new fire is built.
(6) Odors. No emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments shall be permitted.
(7) Dust. Solid or liquid particles shall not be emitted in quantities to make them readily detectable without instruments.
(1977 Code Title 4A.)