CHART 1 SINGLE FAMILY DWELLING A1, R1, R2, R3, B1 DISTRICTS
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not completed, it is the responsibility of the applicant to install said infrastructure in accordance with City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space. Two paved parking spaces shall be provided on the lot with a minimum size of (9' x 20') per space either enclosed or open. See Chart 5. All driveways leading to and from said parking area shall also be paved.
(d) Front Yard. The required dimension of the front yard, measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory building shall be minimum of twenty-five feet. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than 6 feet (1829 mm) into the required front yard provided such porch does not extend above the first level and is no more than 6 feet (1829 mm) above grade at any point. Private sidewalks and driveways are exempt from setback requirements.
(2) On lots extending through from one street to another a front yard is required on each street. See Section 1317.02(a).
(f) Side Yard. The required dimension of each side, measured at ninety degrees with the property line to the closest point of the main structure, and/or any accessory building including overhang shall be a minimum of eight feet. Private sidewalks and driveways are exempt from setback requirements.
(g) Corner Lots. The side yard of a corner lot which abuts a street shall be no less than the required front yard for the street. See Section 1317.02
(b).
(h) Rear Yard. The required dimension, measured at ninety degrees with the property line to the closest point of the main structure shall be no less than fifteen feet. Private sidewalks and driveways are exempt from setback requirements.
(i) Building Area. The maximum occupancy of the lot shall be fifty percent (50%). The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(j) Living Area. The minimum ground floor living area of a multi-story building shall be 600 square feet and a minimum total area of all stories of 1100 square feet. The minimum living area of a single story building shall be 960 square feet. The living area excludes utility room and garage.
(k) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c).
(Ord. 6-00. Passed 8-14-00.)
CHART 2 TWO FAMILY DWELLING R2, R3, B1 DISTRICTS
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space. Two paved parking spaces per dwelling unit shall be provided on the lot with a minimum size of (9' x 20') each, either enclosed or open. See Chart 5. All driveways leading to and from said parking areas shall be paved.
(d) Front Yard. The required dimension of the front yard, measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory building, shall be a minimum of twenty-five feet. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than 6 feet (1829 mm) into the required front yard provided such porch does not extend above the first level and is no more than 6 feet (1829 mm) above grade at any point. Private sidewalks and driveways are exempt from setback requirements.
(2) On lots extending through from one street to another a front yard is required on each street. See Section 1317.02(a).
(f) Side Yard. The required dimension of each side, measured at ninety degrees with the property line to the closest point of the main structure, and/or any accessory building including overhang shall be a minimum of eight feet. Private sidewalks and driveways are exempt from setback requirements.
(g) Corner Lots. The side yard of a corner lot which abuts a street shall be no less than the required front yard for the street. See Section 1317.02
(b).
(h) Rear Yard. The required dimension, measured at ninety degrees with the property line to the closest point of the main structure, shall be no less than fifteen feet. Private sidewalks and driveways are exempt from setback requirements.
(i) Building Area. The maximum occupancy of the lot shall be fifty percent (50%). The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(j) Living Area. For health and safety reasons the minimum ground floor living area of a multi-story building shall be 500 square feet per family and a minimum total area of all stories of 1000 square feet per family. The minimum living area of a single story building shall be 864 square feet per family. The living area excludes utility room and garage.
(k) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c).
(Ord. 6-00. Passed 8-14-00.)
CHART 3 MULTIPLE DWELLING R3, B1 DISTRICTS
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space. Two paved parking spaces per dwelling unit shall be provided on the lot with a minimum size of (9' x 20') each, either enclosed or open. See Chart 5. All driveways leading to and from said parking areas shall also be paved.
(d) Front Yard. The required dimension of the front yard, measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory building, shall be a minimum of twenty-five feet. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than 6 feet (1829 mm) into the required front yard provided such porch does not extend above the first level and is no more than 6 feet (1829 mm) above grade at any point. Private sidewalks and driveways are exempt from setback requirements.
(2) On lots extending through from one street to another a front yard is required on each street. See Section 1317.02(a).
(f) Side Yard. The required dimension of each side, measured at ninety degrees with the property line to the closest point of the main structure, and/or any accessory building including overhang shall be a minimum of eight feet. Private sidewalks and driveways are exempt from setback requirements.
(g) Corner Lots. The side yard of a corner lot which abuts a street shall be no less than the required front yard for the street. See Section 1317.02
(b).
(h) Rear Yard. The required dimension, measured at ninety degrees with the property line to the closest point of the main structure, shall be no less than fifteen feet. Private sidewalks and driveways are exempt from setback requirements.
(i) Building Area. The maximum occupancy of the lot shall be fifty percent (50%). The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(j) Living Area. For health and safety reasons the minimum living area of the housekeeping units shall be as follows:
Efficiency apts.
400 sq. ft.
One bedroom
650 sq. ft.
Two bedroom
900 sq. ft.
Three bedroom
1,150 sq. ft.
For each additional bedroom 250 square feet shall be added to the total living area of the unit.
The living area excludes utility room and garage.
(k) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c).
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Requirements. A maximum of thirty-five feet or three stories as measured in the manner prescribed in Section 1303.04
(74) for B-1 Zones and unlimited height permissible in B-2, I-1 and I-2 zones.
(c) Vehicle Parking Space. As provided in Chart 5.
(d) Yard Requirements; Front, Side, and Rear. There is no minimum yard requirement on lots adjoining other lots in a business or industrial district or lots in a B1 District which adjoin any residential or agricultural district (A-1, R1, R2 or R3); however, on B2, I-1 and I-2 zoned lots adjoining any residential or agricultural district (A-1, R1, R2, or R3) or B2, I-1 and I-2 zoned lots which adjoin a street or street right of way which adjoins any residential or agricultural district (A1, R1, R-2 or R3), the required dimension of each yard, front, side and rear, measured at ninety degrees with the residential district boundary line to the closest point of the main structure, and/or any accessory building shall be:
(1) A minimum of 100 feet with the first fifty feet adjacent to the residential or agricultural district being a green belt consisting of grass, shrubs and trees all neatly trimmed; or
(2) A minimum of forty feet, with the first fifteen feet adjacent to the residential or agricultural district being a tree belt with the following minimum restrictions.
A. The trees to be used are hemlock, larch, white pine, Colorado Spruce, Norway Spruce or Scotch Pine;
B. The trees will be staggered along a five-foot wide strip in the center of the tree belt, spaced eight feet on center with a minimum height of six feet at the time of planting;
C. Ground cover is left to the discretion of the property owner but any vegetation will be maintained and neatly trimmed as necessary;
D. With permission of the Planning Commission and where the terrain is level, with the residential and business or industrial districts at the same elevation, a mound of at least four feet may be constructed along the business or industrial property line and shrubs or hedges planted, trimmed and maintained; or
E. The property owner may submit a vegetation or green belt plan which displays differing types and varieties of trees, shrubs and hedges that will provide the required screen.
(3) In any case where vegetation is used as a tree or green belt, the vegetation must be trimmed and maintained and must be replaced if it dies or otherwise becomes unsightly.
(e) Building Area. No maximum occupancy of a lot is established; however a buffer must be provided according to the regulations included under “Yard Requirements” of this Chart and the area of this buffer cannot be used for any building associated with the use of this lot. Driveways, sidewalks and parking areas may be located within the buffer area as long as all buffer conditions are met.
(f) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c) and Article 1317, Figure 1.
(Ord. 6-00. Passed 8-14-00.)
CHART 5 OFF-STREET PARKING AND LOADING REQUIREMENTS
(a) General. There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this code.
(b) Parking Space Requirements.
(1) Required Number. The off-street parking spaces required for each use permitted by this code shall not be less than that found in the Off-Street Parking Schedule, provided that any fractional parking space be computed as a whole space.
(2) Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.
(3) Location of lot. The parking spaces required by this code shall be provided on the same lot as the use or on another lot not more than 300 feet (152 m) radially from the subject lot within the same or less restrictive zoning district. Shared parking facilities are permitted, however, any single space can only be utilized for meeting the parking space requirements of one use.
(c) Parking Stall Dimension.
(1) Width. A minimum width of 9 feet (2743 mm) shall be provided for each parking stall.
Exceptions:
(1) Compact parking stalls shall be permitted to be 8 feet (2438 mm) wide.
(2) Parallel parking stalls shall be permitted to be 8 feet (2438 mm) wide.
(d) Length. A minimum length of 18 feet (5486 mm) shall be provided for each parking stall.
Exceptions:
(1) Compact parking stalls shall be permitted to be 18 feet (5486 mm) in length.
(2) Parallel parking stalls shall be a minimum 22 feet (6706 mm) in length.
(e) Design of Parking Facilities.
Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:
(1) Commercial driveways.
Twelve feet (3658 mm) for one-way enter/exit.
Twenty-four feet (7315 mm) for two-way enter/exit.
(f) Driveway and Ramp Slopes. The maximum slope of any driveway or ramp shall not exceed 20 percent. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the code official and the jurisdiction’s engineer.
(g) Stall Accessibility. Each required parking stall shall be individually and easily accessible. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall.
(h) Compact-to-Standard Stall Ratio. The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed 1 to 2.
(i) Striping. All parking stalls and entrances and exits to the parking facility shall be striped and identified with directional arrows and permanently applied to the pavement.
Exception: A private garage or parking area for the exclusive use of a single-family dwelling.
(j) Lighting. All lights illuminating a parking area where required by the Planning Commission shall be designed and located so as to reflect away from any street and adjacent property.
(k) Handicap Spaces. Shall be provided in accordance with Building Code requirements.
(l) Screening and landscaping. Off-street parking and loading areas for four or more vehicles shall be effectively screened by an eight-foot fence or hedge on the side or sides adjoining or abutting an R District.
(m) Parking Area Green Space. For any parking facility of twenty or more spaces, five percent (5%) of the internal space of the parking facility shall be set aside for green or landscaped area. The five percent (5%) requirement is figured on the total parking facility area only, not the entire parcel.
(n) Surfacing. All off-street parking or loading areas shall be surfaced with an asphaltic or concrete pavement. All areas should be marked so as to provide for the orderly and safe loading, parking and storage of vehicles.
(o) Drainage. Any off-street parking and loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
(p) Off-street Parking Schedule.
On-site Parking Space Requirements:
(1) Residential Uses - 2 per dwelling unit.
(2) Commercial Uses.
A. Professional office - 1 space for each 200 sq. ft. of gross floor area.
B. Grocery stores, drugstores and similar intensive retail establishments - 1 space for each 200 sq. ft. of gross retail floor area. The portion of a building used for warehouse or storage shall be 1 space for each 1,000 sq. ft. of gross area.
C. Restaurants, fast food restaurants, drinking establishments - 1 space for each 100 sq. ft. of gross floor area and a minimum of 10 spaces.
D. Furniture, appliance, carpet and similar low intensity retail sales - 1 space for each 750 sq. ft. of gross floor area.
E. General retail except as otherwise specified herein - 1 space for each 400 sq. ft. of gross floor area.
F. Exterior retail sales such as auto dealer shops - 1 space for each 1,000 sq. ft. of sales and display area.
G. Fuel service stations - 3 spaces plus 2 additional spaces for each service bay.
H. Auto repair - 1 space for each 200 sq. ft. of gross floor area.
I. Hotels/motels - 1 space for each unit.
J. Bowling alleys - 3 spaces for each lane.
K. Health clubs - 1 space for each 250 sq. ft. of gross floor area.
L. Theaters - 1 space for each 6 fixed seats or 1 space for each 50 sq. ft. of gross floor area if seats are not fixed.
M. Barber/beauty shops - 2 for each barber chair and beautician station.
N. Laundromats/dry cleaning facilities - 1 space for each 200 sq. ft. of gross floor area.
O. Banks and savings and loans - 1 space for each 250 sq. ft. of gross floor area.
(3) Industrial Uses.
A. Mini-storage/outside - 3 customer spaces plus the spaces required for the office and caretaker’s residence, if any.
B. Manufacturing, processing, fabrication and warehousing uses -
1 space for each 800 sq. ft. of gross floor area within a building.
1 space for each 2,000 sq. ft. of exterior active use area.
1 space for each 5,000 sq. ft. of exterior storage area.
(4) Research and Development Facilities.
1 space for every employee on the largest shift plus 1 space for each company vehicle.
(5) Institutional Uses.
A. Churches, lodge halls and other public assembly areas - 1 space per 4 fixed seats (18 linear inches along a bench is considered 1 fixed seat) or 1 space per 50 sq. ft. if fixed seats are not provided.
B. Libraries, galleries and museums - 1 space for each 250 sq. ft. of gross floor area.
C. Day care and pre-school - 1 parking space and one loading/unloading space for each 5 children.
D. Elementary and jr. high school - 1 space for each classroom and 1 space for each 4 fixed seats or 50 sq. ft. of area in the auditorium or gymnasium.
E. High schools - 6 spaces for each classroom and 1 space for each 4 fixed seats or 50 sq. ft. of area in the auditorium or gymnasium.
F. Hospitals - 2 spaces for each bed.
G. Convalescent hospitals, nursing homes - 1 space for each 5 beds plus the number of spaces required for the office and the residence, if applicable.
(6) Any Other Use Not Listed.
If the Zoning Code Official cannot assign a use as noted above, then 1 space per 250 sq. ft. of gross area shall apply.
For SI: 1 square foot = 0.0929 m2.
(Ord. 6-00. Passed 8-14-00.)
(q) Residential Parking: In any residential district (R-1, R-2, R-3) off-street parking shall be permitted as an accessory use on any parcel which has a primary residential structure and in accordance with all other zoning regulations.
(Ord. 02-03. Passed 3-24-03.)
CHART 6 PROFESSIONAL OFFICE BPO-1 DISTRICT
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of clerk of the county Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space - As provided in Chart 5
(d) Setback Requirements.
(1) Front Yard - 25 feet from property line.
(2) Side Yard - 8 feet from property line.
(3) Rear Yard - 15 feet from property line.
All setbacks shall be measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory structure and shall include any overhang. Paved parking areas and sidewalks are not restricted to these setback requirements.
(e) Building Area. The maximum occupancy of the lot shall be seventy-five (75) percent. The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(f) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five (25) feet from the street intersection. See Section 1317.02
(c).
(g) Hours of Operation. Any new residential use in a BPO-1 District shall not be permitted to operate and or open for business until 8:00 a.m. and shall not remain open past 8:00 p.m. daily. (Ord. 6-00. Passed 8-14-00.)
CHART 7 COMMUNICATION TOWERS
(Such as microwaves, radar, radio, telecommunication, or television
transmission or receiving towers; and other similar facilities.)
(a) Use. Communication towers shall always be considered a permitted special use. They may be located on lots occupied by another principal use. They shall be permitted in A-1, I-1 or I-2 Districts only with approval from the Board of Zoning Appeals.
(b) Setbacks.
(1) The minimum setback between communication towers and all property lines shall be equal to 20 percent of the height of the tower.
(2) Communication towers shall be set back a minimum of 50 feet from any existing or planned right of way.
(3) Communication towers shall be set back a minimum of 100 feet from the lot line of any residential or business zoning district.
(4) Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than 25 feet from any lot line.
(c) Height. The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this section shall apply. No tower shall exceed 250 feet in height measured from finished grade.
(d) Security Fences and Walls. A fence or wall not less than eight feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.
(1) Access to the tower shall be through a locked gate in the required fence or wall.
(2) If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE - DANGER”.
(e) Airport Approach Paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).
(f) Removal of Obsolete Towers; Abandonment; Obsolescence; Financial Responsibility. A tower that is not used for a period of at least 6 months shall be determined to be abandoned and shall be removed. The owner of the tower shall remove any abandoned, obsolete, unused, or structurally unsound tower within 90 days. The Building Code Official may establish a shorter period of time for the removal of a tower that is structurally unsound.
(g) Electromagnetic Radiation. Communication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER).
(h) Site Plan Permit Requirements. The applicant, owner, or developer of a proposed tower shall submit a site plan and obtain a building permit prior to construction and/or erection. The site plan shall include:
(1) Identification, address, and telephone number of the proposed or intended user(s) of the tower, the property owner (if not the same), and the site developer;
(2) The location of the tower and guy anchors on the parcel showing all setbacks, buffers, easements, buildings, fences, and heights of the tower and any other structures; and
(3) The zoning and use of the property where the tower will be located, and the zoning and use of all surrounding properties within 125 feet of the site. Additionally, points of ingress and egress from streets, rights of way, etc. shall be shown.
(4) Full plans for compliance with the State Building Code.
(i) Colocation.
(1) Before a new tower or other communication facility variance is granted, the applicant shall attempt to co-locate his use on an existing tower and shall prove to the City in writing that all existing tower options have been explored and are not available for his use at reasonable and prevailing market lease rates. The applicant shall submit a letter signed by the owner of each existing tower attesting to these findings.
(2) All new towers granted a variance by the Board of Zoning Appeals shall be designed for and shall permit the colocation of future facilities. Each application for a new tower shall submit a written document specifying that the applicant agrees to provide for the shared use of the facility to accommodate the equipment of at least three carriers, and that the applicant agrees to provide for shared use of the facility to a maximum structural capacity at reasonable and prevailing market lease rates.
(Ord. 6-00. Passed 8-14-00.)
Bridgeport City Zoning Code
APPENDICES
ZONING CHARTS
CHART 1 SINGLE FAMILY DWELLING A1, R1, R2, R3, B1 DISTRICTS
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not completed, it is the responsibility of the applicant to install said infrastructure in accordance with City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space. Two paved parking spaces shall be provided on the lot with a minimum size of (9' x 20') per space either enclosed or open. See Chart 5. All driveways leading to and from said parking area shall also be paved.
(d) Front Yard. The required dimension of the front yard, measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory building shall be minimum of twenty-five feet. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than 6 feet (1829 mm) into the required front yard provided such porch does not extend above the first level and is no more than 6 feet (1829 mm) above grade at any point. Private sidewalks and driveways are exempt from setback requirements.
(2) On lots extending through from one street to another a front yard is required on each street. See Section 1317.02(a).
(f) Side Yard. The required dimension of each side, measured at ninety degrees with the property line to the closest point of the main structure, and/or any accessory building including overhang shall be a minimum of eight feet. Private sidewalks and driveways are exempt from setback requirements.
(g) Corner Lots. The side yard of a corner lot which abuts a street shall be no less than the required front yard for the street. See Section 1317.02
(b).
(h) Rear Yard. The required dimension, measured at ninety degrees with the property line to the closest point of the main structure shall be no less than fifteen feet. Private sidewalks and driveways are exempt from setback requirements.
(i) Building Area. The maximum occupancy of the lot shall be fifty percent (50%). The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(j) Living Area. The minimum ground floor living area of a multi-story building shall be 600 square feet and a minimum total area of all stories of 1100 square feet. The minimum living area of a single story building shall be 960 square feet. The living area excludes utility room and garage.
(k) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c).
(Ord. 6-00. Passed 8-14-00.)
CHART 2 TWO FAMILY DWELLING R2, R3, B1 DISTRICTS
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space. Two paved parking spaces per dwelling unit shall be provided on the lot with a minimum size of (9' x 20') each, either enclosed or open. See Chart 5. All driveways leading to and from said parking areas shall be paved.
(d) Front Yard. The required dimension of the front yard, measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory building, shall be a minimum of twenty-five feet. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than 6 feet (1829 mm) into the required front yard provided such porch does not extend above the first level and is no more than 6 feet (1829 mm) above grade at any point. Private sidewalks and driveways are exempt from setback requirements.
(2) On lots extending through from one street to another a front yard is required on each street. See Section 1317.02(a).
(f) Side Yard. The required dimension of each side, measured at ninety degrees with the property line to the closest point of the main structure, and/or any accessory building including overhang shall be a minimum of eight feet. Private sidewalks and driveways are exempt from setback requirements.
(g) Corner Lots. The side yard of a corner lot which abuts a street shall be no less than the required front yard for the street. See Section 1317.02
(b).
(h) Rear Yard. The required dimension, measured at ninety degrees with the property line to the closest point of the main structure, shall be no less than fifteen feet. Private sidewalks and driveways are exempt from setback requirements.
(i) Building Area. The maximum occupancy of the lot shall be fifty percent (50%). The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(j) Living Area. For health and safety reasons the minimum ground floor living area of a multi-story building shall be 500 square feet per family and a minimum total area of all stories of 1000 square feet per family. The minimum living area of a single story building shall be 864 square feet per family. The living area excludes utility room and garage.
(k) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c).
(Ord. 6-00. Passed 8-14-00.)
CHART 3 MULTIPLE DWELLING R3, B1 DISTRICTS
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space. Two paved parking spaces per dwelling unit shall be provided on the lot with a minimum size of (9' x 20') each, either enclosed or open. See Chart 5. All driveways leading to and from said parking areas shall also be paved.
(d) Front Yard. The required dimension of the front yard, measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory building, shall be a minimum of twenty-five feet. Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall be permitted to extend no more than 6 feet (1829 mm) into the required front yard provided such porch does not extend above the first level and is no more than 6 feet (1829 mm) above grade at any point. Private sidewalks and driveways are exempt from setback requirements.
(2) On lots extending through from one street to another a front yard is required on each street. See Section 1317.02(a).
(f) Side Yard. The required dimension of each side, measured at ninety degrees with the property line to the closest point of the main structure, and/or any accessory building including overhang shall be a minimum of eight feet. Private sidewalks and driveways are exempt from setback requirements.
(g) Corner Lots. The side yard of a corner lot which abuts a street shall be no less than the required front yard for the street. See Section 1317.02
(b).
(h) Rear Yard. The required dimension, measured at ninety degrees with the property line to the closest point of the main structure, shall be no less than fifteen feet. Private sidewalks and driveways are exempt from setback requirements.
(i) Building Area. The maximum occupancy of the lot shall be fifty percent (50%). The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(j) Living Area. For health and safety reasons the minimum living area of the housekeeping units shall be as follows:
Efficiency apts.
400 sq. ft.
One bedroom
650 sq. ft.
Two bedroom
900 sq. ft.
Three bedroom
1,150 sq. ft.
For each additional bedroom 250 square feet shall be added to the total living area of the unit.
The living area excludes utility room and garage.
(k) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c).
(1) On any lot which was in single ownership or included in a plat recorded in the office of the Clerk of the County Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Requirements. A maximum of thirty-five feet or three stories as measured in the manner prescribed in Section 1303.04
(74) for B-1 Zones and unlimited height permissible in B-2, I-1 and I-2 zones.
(c) Vehicle Parking Space. As provided in Chart 5.
(d) Yard Requirements; Front, Side, and Rear. There is no minimum yard requirement on lots adjoining other lots in a business or industrial district or lots in a B1 District which adjoin any residential or agricultural district (A-1, R1, R2 or R3); however, on B2, I-1 and I-2 zoned lots adjoining any residential or agricultural district (A-1, R1, R2, or R3) or B2, I-1 and I-2 zoned lots which adjoin a street or street right of way which adjoins any residential or agricultural district (A1, R1, R-2 or R3), the required dimension of each yard, front, side and rear, measured at ninety degrees with the residential district boundary line to the closest point of the main structure, and/or any accessory building shall be:
(1) A minimum of 100 feet with the first fifty feet adjacent to the residential or agricultural district being a green belt consisting of grass, shrubs and trees all neatly trimmed; or
(2) A minimum of forty feet, with the first fifteen feet adjacent to the residential or agricultural district being a tree belt with the following minimum restrictions.
A. The trees to be used are hemlock, larch, white pine, Colorado Spruce, Norway Spruce or Scotch Pine;
B. The trees will be staggered along a five-foot wide strip in the center of the tree belt, spaced eight feet on center with a minimum height of six feet at the time of planting;
C. Ground cover is left to the discretion of the property owner but any vegetation will be maintained and neatly trimmed as necessary;
D. With permission of the Planning Commission and where the terrain is level, with the residential and business or industrial districts at the same elevation, a mound of at least four feet may be constructed along the business or industrial property line and shrubs or hedges planted, trimmed and maintained; or
E. The property owner may submit a vegetation or green belt plan which displays differing types and varieties of trees, shrubs and hedges that will provide the required screen.
(3) In any case where vegetation is used as a tree or green belt, the vegetation must be trimmed and maintained and must be replaced if it dies or otherwise becomes unsightly.
(e) Building Area. No maximum occupancy of a lot is established; however a buffer must be provided according to the regulations included under “Yard Requirements” of this Chart and the area of this buffer cannot be used for any building associated with the use of this lot. Driveways, sidewalks and parking areas may be located within the buffer area as long as all buffer conditions are met.
(f) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. See Section 1317.02
(c) and Article 1317, Figure 1.
(Ord. 6-00. Passed 8-14-00.)
CHART 5 OFF-STREET PARKING AND LOADING REQUIREMENTS
(a) General. There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this code.
(b) Parking Space Requirements.
(1) Required Number. The off-street parking spaces required for each use permitted by this code shall not be less than that found in the Off-Street Parking Schedule, provided that any fractional parking space be computed as a whole space.
(2) Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.
(3) Location of lot. The parking spaces required by this code shall be provided on the same lot as the use or on another lot not more than 300 feet (152 m) radially from the subject lot within the same or less restrictive zoning district. Shared parking facilities are permitted, however, any single space can only be utilized for meeting the parking space requirements of one use.
(c) Parking Stall Dimension.
(1) Width. A minimum width of 9 feet (2743 mm) shall be provided for each parking stall.
Exceptions:
(1) Compact parking stalls shall be permitted to be 8 feet (2438 mm) wide.
(2) Parallel parking stalls shall be permitted to be 8 feet (2438 mm) wide.
(d) Length. A minimum length of 18 feet (5486 mm) shall be provided for each parking stall.
Exceptions:
(1) Compact parking stalls shall be permitted to be 18 feet (5486 mm) in length.
(2) Parallel parking stalls shall be a minimum 22 feet (6706 mm) in length.
(e) Design of Parking Facilities.
Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:
(1) Commercial driveways.
Twelve feet (3658 mm) for one-way enter/exit.
Twenty-four feet (7315 mm) for two-way enter/exit.
(f) Driveway and Ramp Slopes. The maximum slope of any driveway or ramp shall not exceed 20 percent. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the code official and the jurisdiction’s engineer.
(g) Stall Accessibility. Each required parking stall shall be individually and easily accessible. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall.
(h) Compact-to-Standard Stall Ratio. The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed 1 to 2.
(i) Striping. All parking stalls and entrances and exits to the parking facility shall be striped and identified with directional arrows and permanently applied to the pavement.
Exception: A private garage or parking area for the exclusive use of a single-family dwelling.
(j) Lighting. All lights illuminating a parking area where required by the Planning Commission shall be designed and located so as to reflect away from any street and adjacent property.
(k) Handicap Spaces. Shall be provided in accordance with Building Code requirements.
(l) Screening and landscaping. Off-street parking and loading areas for four or more vehicles shall be effectively screened by an eight-foot fence or hedge on the side or sides adjoining or abutting an R District.
(m) Parking Area Green Space. For any parking facility of twenty or more spaces, five percent (5%) of the internal space of the parking facility shall be set aside for green or landscaped area. The five percent (5%) requirement is figured on the total parking facility area only, not the entire parcel.
(n) Surfacing. All off-street parking or loading areas shall be surfaced with an asphaltic or concrete pavement. All areas should be marked so as to provide for the orderly and safe loading, parking and storage of vehicles.
(o) Drainage. Any off-street parking and loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
(p) Off-street Parking Schedule.
On-site Parking Space Requirements:
(1) Residential Uses - 2 per dwelling unit.
(2) Commercial Uses.
A. Professional office - 1 space for each 200 sq. ft. of gross floor area.
B. Grocery stores, drugstores and similar intensive retail establishments - 1 space for each 200 sq. ft. of gross retail floor area. The portion of a building used for warehouse or storage shall be 1 space for each 1,000 sq. ft. of gross area.
C. Restaurants, fast food restaurants, drinking establishments - 1 space for each 100 sq. ft. of gross floor area and a minimum of 10 spaces.
D. Furniture, appliance, carpet and similar low intensity retail sales - 1 space for each 750 sq. ft. of gross floor area.
E. General retail except as otherwise specified herein - 1 space for each 400 sq. ft. of gross floor area.
F. Exterior retail sales such as auto dealer shops - 1 space for each 1,000 sq. ft. of sales and display area.
G. Fuel service stations - 3 spaces plus 2 additional spaces for each service bay.
H. Auto repair - 1 space for each 200 sq. ft. of gross floor area.
I. Hotels/motels - 1 space for each unit.
J. Bowling alleys - 3 spaces for each lane.
K. Health clubs - 1 space for each 250 sq. ft. of gross floor area.
L. Theaters - 1 space for each 6 fixed seats or 1 space for each 50 sq. ft. of gross floor area if seats are not fixed.
M. Barber/beauty shops - 2 for each barber chair and beautician station.
N. Laundromats/dry cleaning facilities - 1 space for each 200 sq. ft. of gross floor area.
O. Banks and savings and loans - 1 space for each 250 sq. ft. of gross floor area.
(3) Industrial Uses.
A. Mini-storage/outside - 3 customer spaces plus the spaces required for the office and caretaker’s residence, if any.
B. Manufacturing, processing, fabrication and warehousing uses -
1 space for each 800 sq. ft. of gross floor area within a building.
1 space for each 2,000 sq. ft. of exterior active use area.
1 space for each 5,000 sq. ft. of exterior storage area.
(4) Research and Development Facilities.
1 space for every employee on the largest shift plus 1 space for each company vehicle.
(5) Institutional Uses.
A. Churches, lodge halls and other public assembly areas - 1 space per 4 fixed seats (18 linear inches along a bench is considered 1 fixed seat) or 1 space per 50 sq. ft. if fixed seats are not provided.
B. Libraries, galleries and museums - 1 space for each 250 sq. ft. of gross floor area.
C. Day care and pre-school - 1 parking space and one loading/unloading space for each 5 children.
D. Elementary and jr. high school - 1 space for each classroom and 1 space for each 4 fixed seats or 50 sq. ft. of area in the auditorium or gymnasium.
E. High schools - 6 spaces for each classroom and 1 space for each 4 fixed seats or 50 sq. ft. of area in the auditorium or gymnasium.
F. Hospitals - 2 spaces for each bed.
G. Convalescent hospitals, nursing homes - 1 space for each 5 beds plus the number of spaces required for the office and the residence, if applicable.
(6) Any Other Use Not Listed.
If the Zoning Code Official cannot assign a use as noted above, then 1 space per 250 sq. ft. of gross area shall apply.
For SI: 1 square foot = 0.0929 m2.
(Ord. 6-00. Passed 8-14-00.)
(q) Residential Parking: In any residential district (R-1, R-2, R-3) off-street parking shall be permitted as an accessory use on any parcel which has a primary residential structure and in accordance with all other zoning regulations.
(Ord. 02-03. Passed 3-24-03.)
CHART 6 PROFESSIONAL OFFICE BPO-1 DISTRICT
(a) Location Permitted.
(1) On any lot which was in single ownership or included in a plat recorded in the office of clerk of the county Court at the time of passage of this Zoning Ordinance.
(2) On any lot with a minimum area of 6,000 square feet and a minimum width of sixty feet.
(3) On any lot that has all necessary City infrastructure in place such as streets, sidewalks, water, sanitary sewer, storm sewer, etc. In the event any part of the necessary infrastructure is not complete, it is the responsibility of the applicant to install said infrastructure in accordance with the City’s Design and Construction Standards Code and pursuant to the City Engineer’s approval. All improvements shall run the full frontage and/or length of the property.
(b) Height Permitted. A maximum of thirty-five feet or three stories measured in the manner prescribed in Section 1303.04
(74).
(c) Vehicle Parking Space - As provided in Chart 5
(d) Setback Requirements.
(1) Front Yard - 25 feet from property line.
(2) Side Yard - 8 feet from property line.
(3) Rear Yard - 15 feet from property line.
All setbacks shall be measured at ninety degrees with the property line to the closest point of the main structure and/or any accessory structure and shall include any overhang. Paved parking areas and sidewalks are not restricted to these setback requirements.
(e) Building Area. The maximum occupancy of the lot shall be seventy-five (75) percent. The buildings, patios, driveways, sidewalks and off-street parking shall be included in the developed or occupied area.
(f) Vision Clearance on Corner Lots. No obstruction to vision exceeding two feet in height such as buildings, fences, trees, plants, signs, etc. shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five (25) feet from the street intersection. See Section 1317.02
(c).
(g) Hours of Operation. Any new residential use in a BPO-1 District shall not be permitted to operate and or open for business until 8:00 a.m. and shall not remain open past 8:00 p.m. daily. (Ord. 6-00. Passed 8-14-00.)
CHART 7 COMMUNICATION TOWERS
(Such as microwaves, radar, radio, telecommunication, or television
transmission or receiving towers; and other similar facilities.)
(a) Use. Communication towers shall always be considered a permitted special use. They may be located on lots occupied by another principal use. They shall be permitted in A-1, I-1 or I-2 Districts only with approval from the Board of Zoning Appeals.
(b) Setbacks.
(1) The minimum setback between communication towers and all property lines shall be equal to 20 percent of the height of the tower.
(2) Communication towers shall be set back a minimum of 50 feet from any existing or planned right of way.
(3) Communication towers shall be set back a minimum of 100 feet from the lot line of any residential or business zoning district.
(4) Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than 25 feet from any lot line.
(c) Height. The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this section shall apply. No tower shall exceed 250 feet in height measured from finished grade.
(d) Security Fences and Walls. A fence or wall not less than eight feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.
(1) Access to the tower shall be through a locked gate in the required fence or wall.
(2) If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE - DANGER”.
(e) Airport Approach Paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).
(f) Removal of Obsolete Towers; Abandonment; Obsolescence; Financial Responsibility. A tower that is not used for a period of at least 6 months shall be determined to be abandoned and shall be removed. The owner of the tower shall remove any abandoned, obsolete, unused, or structurally unsound tower within 90 days. The Building Code Official may establish a shorter period of time for the removal of a tower that is structurally unsound.
(g) Electromagnetic Radiation. Communication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER).
(h) Site Plan Permit Requirements. The applicant, owner, or developer of a proposed tower shall submit a site plan and obtain a building permit prior to construction and/or erection. The site plan shall include:
(1) Identification, address, and telephone number of the proposed or intended user(s) of the tower, the property owner (if not the same), and the site developer;
(2) The location of the tower and guy anchors on the parcel showing all setbacks, buffers, easements, buildings, fences, and heights of the tower and any other structures; and
(3) The zoning and use of the property where the tower will be located, and the zoning and use of all surrounding properties within 125 feet of the site. Additionally, points of ingress and egress from streets, rights of way, etc. shall be shown.
(4) Full plans for compliance with the State Building Code.
(i) Colocation.
(1) Before a new tower or other communication facility variance is granted, the applicant shall attempt to co-locate his use on an existing tower and shall prove to the City in writing that all existing tower options have been explored and are not available for his use at reasonable and prevailing market lease rates. The applicant shall submit a letter signed by the owner of each existing tower attesting to these findings.
(2) All new towers granted a variance by the Board of Zoning Appeals shall be designed for and shall permit the colocation of future facilities. Each application for a new tower shall submit a written document specifying that the applicant agrees to provide for the shared use of the facility to accommodate the equipment of at least three carriers, and that the applicant agrees to provide for shared use of the facility to a maximum structural capacity at reasonable and prevailing market lease rates.