The following special regulations apply to the area contained in the Bluefield Avenue Urban Renewal Project as shown on the insert map and on the zoning map. These regulations supersede any zoning classifications.

(Code 1974, § 23-71; Ord. of 10-17-1978, § 23-71)

(a)

Permitted land uses.

(1)

Residential. The permitted uses will be limited to single-family, two-family and multiple-family dwellings and such appurtenances as garages, driveways, walks and planted areas.

(2)

Semipublic. Permitted uses will be limited to churches and accessory buildings to churches such as rectory, library, and Sunday school rooms, and hospital accessory uses. In semipublic "A" (shown on land use plan), the only permitted use shall be a nursing home.

(3)

Public municipal center. Uses are limited to a municipal center for a new city hall and fire and police headquarters with adequate parking.

(4)

Neighborhood commercial. Uses are limited to grocery stores, drug stores, restaurants, barber shops, beauty parlors, shoe repair shops, and laundry or dry-cleaning pickup stations.

(5)

Commercial—Retail. Permitted uses are those permitted under neighborhood commercial, plus the following:

a.

Banks, business and professional offices;

b.

Retail stores and shops;

c.

Retail bakeries employing not more than five persons on the premises;

d.

Bus terminals;

e.

Automobile parking lots and parking garages; and

f.

Service stations.

(6)

General commercial and limited retail. Permitted uses will be limited to the following:

a.

Food markets;

b.

Refrigeration equipment, retail and wholesale;

c.

Automotive supplies, retail and wholesale;

d.

Hardware, wholesale;

e.

Miscellaneous repair services, including household appliance and automotive repair services, but not including fabrication of parts or other items;

f.

Restaurants;

g.

Hotels and motels;

h.

Machine shop repair for light equipment, business machines and similar repairs;

i.

Electrical repairs such as air-conditioning equipment repair, armature rewinding, and electrical motor repair;

j.

Service stations;

k.

Automobile showrooms;

l.

Used car sales in conjunction with a franchised dealer of new and used cars, whose principal office is located within 200 feet; and

m.

Automobile parking lots and parking garages.

(7)

General commercial and warehousing. Permitted uses are limited to and include the uses permitted under general commercial and limited retail in subsection (a)(6) of this section, with the addition of the following:

a.

Wholesale distribution establishments;

b.

Storage warehouses when accessory to a retail or wholesale store and located on the same premises;

c.

Truck terminals; and

d.

Industrial, mine, and construction equipment sales distribution.

(8)

Light industry. Permitted uses will be limited to the following uses only:

a.

Manufacturing of parts or small products;

b.

Bottling plant;

c.

Bakery;

d.

Off-street parking;

e.

Warehousing; and

f.

Tire recapping and vulcanizing.

(b)

Additional regulations.

(1)

Land coverage. Maximum ground coverage of structures, including accessory uses, shall not exceed the following percentage of lot area:

A minimum of five percent of the land area of any parcel will be required to be maintained for landscaping. Additionally, all unpaved open areas shall be landscaped.

(2)

Density and lot size.

a.

Residential. Minimum lot size shall be 6,000 square feet with a minimum width of 60 feet and a minimum depth of 100 feet. Maximum density shall be 3,000 square feet per family.

b.

Semipublic. Minimum lot size shall be 6,000 square feet with a minimum lot width of 60 feet.

c.

Public municipal center. Minimum lot size shall be 10,000 square feet with a minimum lot width of 100 feet.

d.

Neighborhood commercial and commercial retail. Minimum lot size shall be 7,000 square feet with a minimum width of 70 feet.

e.

General commercial and limited retail, general commercial and warehousing and light industry. Minimum lot size shall be 10,000 square feet with minimum lot width of 100 feet.

(3)

Setbacks. Minimum setback requirements are as follows:

a.

Residential.

1.

Front yard—35 feet.

2.

Rear yard—25 feet.

3.

Side yard—Two side yards totaling 25 percent of lot width with each side yard at least ten percent of lot width.

b.

Semipublic.

1.

Front yard—15 feet.

2.

Rear yard—20 feet.

3.

Side yard—Two feet for each story of building height, with minimum of four feet.

However, no setbacks shall be required for the nursing home to be constructed on semipublic "A" area shown on the land use map, URP No. 2.

c.

Public municipal center. Setbacks shall be provided at the following minimums:

1.

Bluefield Avenue—Ten feet.

2.

S. Mercer Street—Five feet.

3.

Rogers Street—Ten feet.

d.

Other land uses.

1.

No part of any structure shall be constructed within ten feet of the right-of-way of Bluefield Avenue, Princeton Avenue, South Mercer Street and Spruce Street.

2.

No part of any structure shall be constructed within ten feet of the right-of-way of Rogers Street between Paris Street and South Mercer Street, and the area four feet from the property line on Rogers Street shall be landscaped except for points of vehicular access.

(4)

Building height. Maximum building heights allowed are as follows:

a.

Residential. 2½ stories, or 35 feet.

b.

Semipublic. 2½ stories or 35 feet, exclusive of spires.

c.

Other land uses. Six stories or 60 feet.

(5)

Off-street parking. Off-street parking space shall be provided as follows, as a minimum:

a.

Residential. One parking space per dwelling unit.

b.

Semipublic. One parking space for each four seats in a church or four beds in a nursing home. One space for each five employees, plus one space for each ten patient beds within a hospital.

c.

Public municipal center. Adequate off-street parking by including 81 on-site parking spaces.

d.

Neighborhood commercial. One square foot of parking space for each two square feet of floor area.

e.

Commercial—Retail. One square foot of parking space for each two square feet of floor area.

f.

General commercial and limited retail and general commercial and warehousing. One square foot of parking space for every two square feet of net floor area; except that motels and hotels shall provide one space for each room plus one space for every ten restaurant seats.

g.

Light industry. One parking space per each 1,000 square feet of floor area, or fraction thereof, or one parking space per three employees, whichever requirement is the greater. Each parking space shall be at least nine feet in width and 19 feet in depth and have an overall average area of not less than 250 square feet, including entry, egress and maneuvering space. All required off-street parking shall be on the same lot or within 500 feet of the permitted use measured along lines of public access.

h.

General commercial and limited retail, commercial retail, commercial and warehousing, and light industry areas. The Bluefield Renewal Authority shall require from the purchaser, prior to the sale of land, full and accurate details of the proposed use, maximum number of employees likely to be employed, the space proposed for employee parking and off-street customer parking. The Bluefield Urban Renewal Authority shall be the authority to determine if the requirements in this urban renewal plan for off-street parking are complied with. In the event of a change in ownership taking place before the completion of the building, the Bluefield Urban Renewal Authority reserves unto itself the right to review the off-street parking provisions proposed by such owner for conformity to the requirements of this urban renewal plan. Furthermore, in considering the application of the requirements of this urban renewal plan, the Bluefield Urban Renewal Authority may consider not only the next use to which the prospective purchaser proposes to devote the building or buildings but any use which the Bluefield Urban Renewal Authority considers that the building or buildings might be devoted to in the future.

(6)

Off-street loading.

a.

Off-street loading facilities shall be provided in all neighborhood commercial, commercial—retail, general commercial and limited retail, general commercial and warehousing, and light industry areas, adequate to provide facilities for all loading operations off the street. One off-street loading bay shall be required as a minimum for each 7,500 square feet of building area or fraction thereof. A loading bay shall be a minimum of ten feet in width by 30 feet in depth by 14 feet in height and shall be on the same lot as the principal use.

b.

The city urban renewal authority shall require from the purchaser, prior to the sale of land for nonresidential use, full and accurate details of the proposed use, maximum number of vehicles expected to be loading and/or unloading or stored at any one time on the property. The city urban renewal authority shall be the authority to determine if the requirements of this urban renewal plan for off-street loading are complied with. In the event of a change of ownership taking place before the completion of the building or buildings, the city urban renewal authority reserves unto itself the right to review the loading provisions proposed by the owner for conformity to the requirements of this urban renewal plan. Furthermore, in considering the application of the requirements of this urban renewal plan, the city urban renewal authority may consider not only the use to which the prospective purchaser proposes to devote the building or buildings, but any use which the city urban renewal authority considers that the building or buildings might be devoted to in the future.

(7)

Other requirements.

a.

Obstructions to vision at street intersections. No retaining walls, embankments, fence shrubbery, signs, marquees, buildings or other obstructions to vision whatsoever between the heights of three feet and 15 feet, shall be permitted within the area formed by a line connecting points 25 feet from the intersection of rights-of-way line of any street or railroad and said rights-of-way.

b.

Easements shall be maintained in the areas as shown on land use plan (URP Map No. 2). No buildings shall be constructed on these easements.

c.

Temporary structures. No structures of a temporary character to include house trailers (with or without wheels), basement, tent, shack, garage, barn or other sub-building, shall be used on any lot at any time either temporarily or permanently, with the exception of use as temporary construction sheds during the construction of buildings.

d.

Curb breaks (except in connection with the fire and police headquarters) for private drives, off-street parking and loading areas shall be a minimum distance of 75 feet from the center line of the nearest street or alley right-of-way intersection. The width of any entrance driveway shall not exceed 35 feet at its intersection with the curbline, and shall not exceed 25 feet at its intersection with the street line. The minimum distance between curb break center lines within the same redevelopment parcel shall be 75 feet. Notwithstanding the above, however, no curb breaks for vehicular access are allowed on the east side of South Mercer Street between Bluefield-Princeton Avenue and the Mercer Street Bridge.

e.

McCulloch Avenue shall be a one-way street to the east.

f.

Storm drainage shall be provided by the redeveloper where construction interferes with the natural flow or run off of water.

(c)

Effective time of controls. The land use provisions, building requirements and other supplementary controls will go into effect on the date of February 1, 1965, the date of original approval of this plan by the city board of directors, and shall remain in effect until January 1, 1985.

(d)

Applicability of land use provisions and building requirements.

(1)

The permitted land uses set forth in subsection (a) of this section are applicable to all properties in the project area.

(2)

The additional regulations set forth in subsection (b) of this section are intended to apply to all real property within the project boundaries. Such additional regulations shall be made applicable to real property designated as "Not-to-be-Acquired," provided such property is not presently developed so as to preclude compliance with such regulations and control.

(3)

If the owner of a property in a not-to-be acquired area purchases land from the Bluefield Urban Renewal Authority in an area which is acquired, his property in the not-to-be-acquired area shall be subject to the additional regulations set forth in subsection (b) of this section, except that land coverage, off-street parking, and off-street loading requirements may be waived.

(4)

Variances to these regulations shall be granted under the provisions of section 44-54.

(Code 1974, § 23-72; Ord. of 10-17-1978, § 23-72; Ord. No. 83-1, § 1, 6-7-1983)