In all Business Districts, buildings and land shall abut a dedicated street for the required lot width, and shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, only in accordance with the following schedule and regulations:
(a) Schedule of Yards and Setbacks for Business Uses. In Business Districts, the yards shall be not less than set forth in the following schedule:
Schedule of Minimum Yard and Setback (SB) Dimensions | |||||||
District | Main & Accessory Building & Use | SB Abutting Prospect, Pearl, Sprague & Royalton Rds. & W. 130th St. (ft.) | Front Yard SB Abutting Other Sts. (Distance from St. R-O-W) (ft.) | Side Yard Abutting Residential District (ft.) | SB Abutting Non- Residential District (ft.) | Rear Yard Abutting Residential District (ft). | SB Abutting Non- Residential District (ft.) |
Local Business | Offices, stores and services | 125 from centerline | 50 | 20 | None but min. 10 between buildings | 20 | 10 |
Sales in open yards | 50 from right of way | 35 | Not allowed | Not allowed | Not allowed | Not allowed | |
Parking areas and drives | 20 from right of way | 20 | 10 | 5 | 10 | 5 | |
General Business and Restaurant- Recreational Services | Offices, stores, services, mortuaries, amusement and recreation | 125 from center- line | 80 | 30 | None but min. 10 between buildings | 30 | 10 |
Sales in open yards | 90 from center- line | 45 | Not allowed | Not allowed | Not allowed | Not allowed | |
Parking areas and drives | 75 from center- line | 30 | 10 | 5 | 10 | 5 | |
Shopping Center | Offices, stores, services amusement and recreation | 200 from center- line | 150 | 100 | 50 | 100 | 50 |
Sales in open yards | Not allowed | Not allowed | Not allowed | 10 | Not allowed | 10 | |
Parking areas and drives | 40 from right of way | 40 | 20 | 10 | 20 | 10 | |
Motorist Service | All Main and Accessory Uses | 125 from center- line | 50 | 50 | 25 | 50 | 25 |
Motorist Service | Parking areas and drives | 30 from right of way | 30 | 20 | 10 | 20 | 10 |
(b) Supplementary Yard Regulations. Yards may be used for off-street parking, loading, traffic circulation, illumination, landscaping and signs as regulated in other sections of this Zoning Code.
(1) Front yards. Front yards for buildings and uses shall not be less than established in the preceding schedule, and no structure shall be erected in front of such line unless shown otherwise on the Zone Map or specifically modified in supplementary regulations.
A. Wherever parking areas are proposed in front yards, the Planning Commission may require, as a condition of approval, that a front yard depth greater than set forth above is deemed proper to relate the proposed structures to surrounding developments. If parking or sales are permitted in front yards, a concrete curb or precast barrier shall be erected along the parking area or sales area, and the front yard between such line and the public right of way shall be landscaped and maintained attractively.
B.
Gasoline pumps, islands, and canopies covering pump islands for weather protection, which are constructed and operated as part of a service station or fueling station, may be erected in front of the established building line, provided that no part of any pump, island, or canopy shall be located less than twenty (20) feet from the right-of-way line of a public street or highway, and further provided that the design, height, and location of all canopies have been approved by the Planning Commission.
All driveways and curbs shall be designed in accordance with standards established by the City Engineer.
A structure not exceeding twenty-four (24) square feet may be permitted on the pump island for a station attendant.
One sign not exceeding thirty (30) square feet in sign face area and thirty (30) inches in height may be permitted on each face of a pump island canopy which faces the frontage street or side street on a corner lot.
C. The Planning Commission may vary the 125-foot front yard building setback from the center line of Prospect Road, Royalton Road and West 130th Street to fifty feet from the street right-of- way line with a thirty-five foot front parking setback, or seventy feet from the street right-of-way line with a twenty-five foot front parking setback, when the Commission determines such variation in setback is appropriate considering adjacent development.
(2) Side yards. Whenever a business building is located adjacent to another business building having one or more party walls and a common roof with one or more similar buildings, but individually owned, there shall be no side yards required. Separate business buildings shall be not less than ten feet from the nearest business building.
If an off-street parking area is planned and designed as a coordinated facility with adjacent existing or planned parking areas, the Planning Commission may waive the side yard parking or drive setback requirement of this section.
(3) Side yard on corner lots. Whenever a business building is located on a corner lot, the width of the building side yard on the side street shall be not less than fifty feet for major arterial streets, thirty-five feet for collector streets and twenty-five feet for local collector and local streets. On a corner lot, parking shall be set back at least twenty feet from the side street right of way.
(4) Yard screening and landscaping. Whenever a non-residential use is located or proposed to be located on a lot which adjoins, is contiguous to, or could affect a Residential District or a residential use, a side or rear yard of not less than set forth on the preceding schedule shall be provided on the non-residential lot and screening shall be provided as required in this section.
The Planning Commission may in its discretion, require that all areas, which adjoin, are contiguous to, or could affect a lot zoned residential or a lot which is developed with a residential use, be shielded with a solid masonry wall not less than six (6) feet in height above grade. The masonry wall shall have a brick veneer or stone finish that matches the non-residential structure or other brick or stone as approved by the Planning Commission. The Planning Commission may require additional screening by way of plantings on either or both sides of the solid masonry wall.
The Planning Commission may waive the requirement of a solid masonry wall because of drainage difficulties, topographic reasons or for any other reason that the Planning Commission deems appropriate. In such cases where the requirement of a solid masonry wall is waived, the Planning Commission shall require any combination of earthen berms, fencing, or plantings which will effectively shield adjacent residential districts or uses from parking lot illumination, headlights, fumes, heat, blowing papers and dust, and which will reduce the visual encroachment of non-residential buildings, signs and activity.
The screening requirements of this section shall apply to each new non-residential use and any current non-residential use which is substantially modified, or which is altered in any manner that further impacts or could impact on a Residential District or residential use.
(Ord. 2014-132. Passed 9-2-14.)