Chester City Zoning Code
DIVISION 5
DISTRICT REGULATIONS
Sec. 2-605.1.- District use classifications.
General Regulations in Division 4, District Regulations in Division 5, and Supplemental Regulations in Division 6 are applicable to all of the following classes of uses:
(a)
Permitted uses. Permitted uses listed in the district use tables in this Division are permitted outright.
(b)
Conditional uses. Conditional uses in the district use tables are permitted by the Codes Administrator without further review upon compliance with conditions specified in the tables.
(c)
Special exceptions. Special exceptions are permitted after review and approval by the Board of Zoning Appeals upon compliance with general conditions in the regulations and additional conditions imposed by the Board to insure compatibility with the district and adjacent uses.
(Ord. No. 23, § 2-605.1, 5-12-1997)
Sec. 2-605.2. - R-10 One family residential district uses.
| R-10 PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Single-family dwelling (other than mobile home or manufactured home) roof pitch requirement | 88 | Private households | One (1) per dwelling unit |
| b) Government building for facility except or correctional jail facilities (10-28-2002) | 91, 92, 93, 94, 95, 96 except 9223 | General government, justice, public order, safety, finance, etc. | One (1) per 200 square feet of gross floor area |
| c) Non-commercial horticulture or agriculture, not including the keeping of poultry or animals | 01 | Agricultural production, orchard, greenhouse, nursery | None |
| d) Accessory uses on same lot with principal use, as follows: (1) private garage for motor vehicles; (2) open parking area for two motor vehicles per dwelling unit, may be used for one (1) commercial vehicle up to one (1) ton in capacity per dwelling unit; (3) shed for storage of building or lot maintenance equipment; (4) private kennel for not more than three (3) dogs or three (3) cats, four (4) months of age or older, with minimum 6 foot fence for exterior kennel; (5) private swimming pool, including deck, bath house or cabana; boat dock; (6) disaster shelter; (7) private garden; greenhouse or slat house up to eight (8) feet high; (8) private tennis, outdoor recreation and picnic facilities. | |||
| R-10 CONDITIONAL USES [approved by Codes Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Church, synagogue, temple, or place of worship, including religious education building,
parsonage or parish house, off-street parking for members and visitors without pay,
and recreation facilities, provided all following conditions are met: (1) use is conducted in a permanent structure; (2) minimum 20,000 square foot lot; (3) building setback 25 ft. from residential property. | 8661 | Religious organizations, churches, etc. | One (1) for each two (2) employees and one (1) for each four (4) seats in main assembly room |
| b) Public utility substation, water tower [see Division 6 for communication tower],
provided all following conditions are met: (1) structures enclosed by six (6) foot fence or wall; (2) no office, commercial operation, or storage of vehicles or equipment is permitted; (3) a landscaped strip at least five (5) feet wide is planted and maintained along exterior lot lines. | 49 | Electric, gas, water, sanitary services | One (1) space |
| c) Cemetery, provided all following conditions are met: (1) minimum five (5) acre lot; (2) no crematorium or dwelling except caretaker; (3) front yard setback greater of seventy (70) feet from center of street or ten (10) feet from street right-of-way line; (4) non-illuminated sign not over thirty (30) square feet in area or ten (10) feet in height. | 6553 | Cemetery | None |
| d) Temporary contractor office and equipment shed, provided all following conditions
are met: (1) used in connection with construction on premises; (2) must not cause traffic congestion or nuisance; (3) for term up to one (1) year; may be renewed once. | 1521 | General contractors, single-family houses | One (1) for each 300 square feet office area |
| e) Customary home occupation in single-family dwelling, provided all following conditions
are met: (1) conducted inside dwelling by resident family members; (2) utilizes not more than 25% of total dwelling floor area; (3) no change in exterior appearance of dwelling; (4) no outside display of products; (5) no sale of products except those made on premises or consumables incidental to a service; (6) creates no health or safety hazard, noise, offensive emission, traffic hazard, unsightly condition or nuisance; (7) activity is not visibly evident outside dwelling, except for a wall-mounted sign not over four (4) square feet in | |||
| R-10 SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Unlighted, regulation-size or par three golf course, provided the Board of Zoning
Appeals determines: (1) adequate off street parking is provided; (2) no building permitted except maintenance shed, club-house (including limited eating facility and pro shop), cart storage, restrooms, rain shelters, and gate house; (3) no permitted building or parking facility shall bewithin 300 feet of a dwelling; (4) adequate provisions for access and traffic safety; (5) the use is compatible with the district. | 7992 7997 | Golf courses, public; golf courses, membership | Number and location set by Board; minimum: one (1) for each 200 square feetof building area, plus two (2) for each golf hole |
| b) Private kindergarten or pre-school nursery, provided the Board of Zoning Appeals
determines: (1) applicable State regulations are met; (2) minimum 20,000 square foot lot; (3) structures minimum of 25 feet from residential property; (4) conditions imposed for safety, traffic, impact on district; (5) the use is compatible with the district. | 8211 8351 | Kindergarten (with academic program); child day care services | One (1) for each employee |
| c) Clustered single-family development, provided the Board of Zoning Appeals determines: (1) detached single-family units on minimum of 2 acres; (2) not exceed density per tract; may exceed density per acre; (3) lot requirements per house may be waived; (4) subdivision regulations are met; (5) adequate provisions for access and traffic safety; (6) the use is compatible with the district. | 88 | Private households | Two (2) for each dwelling unit |
| d) Conversion of existing dwelling to multi-family, provided the Board of Zoning Appeals
determines: (1) large dwelling (over 3,000 square feet in total area) existed prior to July 11, 1977, has little economic value or usefulness as single-family dwelling or other conforminguse; (2) minimum 20,000 square foot lot; (3) no enlargement or exterior change to building permitted; (4) not more than 4 dwelling units are permitted; (5) the use is compatible with the district. | N/A | One (1) for each dwelling unit in rear yard | |
| e) Conversion of existing dwelling to bed and breakfast inn, provided the Board of
Zoning Appeals determines: (1) building existed prior to July 11, 1977; (2) all conditions for home occupation are met as required for R-10 Conditional Uses e); (3) no common or shared driveways are permitted; (4) adequate off street parking is provided in approved areas; (5) maximum of four (4) guest rooms; (6) guest rooms restricted to guest stay not exceeding 30 days; (7) the use is compatible with the district. | 7011 | Bed and breakfast inn | Number and location set by Board; minimum: one (1) for each guest room |
(Ord. No. 23, § 2-605.2, 5-12-1997; Ord. No. 2009-09, § 1, 1-14-2010)
Sec. 2-605.3. - R-10 One family residential district regulations.
The following regulations apply to all uses in R-10 districts:
| Minimum lot area: | Ten thousand (10,000) square feet |
| Minimum land area per dwelling unit: | Ten thousand (10,000) square feet |
| Maximum dwelling units per net acre: | Four (4) dwelling units |
| Minimum lot width at building line: | Seventy (70) feet |
| Minimum front yard depth: | Twenty-five (25) feet, or average of existing setbacks from same street in same block in district, but not less than fifteen (15) feet |
| Minimum setback from second street frontage: | Side street on corner lot: fifteen (15) feet; rear street on double frontage lot: twenty-five (25) feet |
| Minimum side yard: | Principal structure: ten (10) feet from interior side lot line; provided, total of both side yards must be at least 20% of lot width. Accessory structure: five (5) feet from interior side lot line |
| Minimum rear yard: | Principal structure: fifteen (15) feet from interior rear lot line. Accessory structure: five (5) feet from interior rear lot line |
| Maximum structure height: | Forty (40) feet [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Roof pitch requirements: (Effective Date 3-8-2010) | Minimum of 6:12 pitch |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished street level within twenty-five (25) feet of intersection of street right-of-way lines. Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Off street parking area requirements: | See supplemental regulations, Division 6 |
| Signs: | See supplemental regulations, Division 6 |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.3, 5-12-1997; Ord. No. 2010-01, § 1, 3-8-2010)
Sec. 2-605.4. - R-8 One family residential district uses.
| R-8 PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Single-family dwelling (other than mobile home or manufactured home)* roof pitch requirement: minimum of 6:12 pitch | 88 | Private households | One (1) for each dwelling unit |
| (Effective Date 3-8-2010) | |||
| b) Government building or facility except jail or correctional facilities (Effective Date 10-26-2002) | 91, 92, 93, 94, 95, 96, except 9223 | General government, justice, public order, safety, finance, etc. | One (1) per 200 square feet of gross floor area |
| c) Non-commercial horticulture or agriculture, but not including the keeping of poultry or animals | 01 | Agricultural production, orchard, greenhouse, nursery | None |
| d) Church, synagogue, temple, or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreation facilities, kindergarten or pre-school nursery, in permanent structures | 8661 | Religious organizations, churches, etc. | One (1) for each two employees and one (1) for each four (4) seats in main assembly room |
| e) Accessory uses on same lot with principal use, as follows: (1) private garage for motor vehicles; (2) open parking area for two motor vehicles per dwelling unit, may be used for one (1) commercial vehicle up to one (1) ton in capacity per dwelling unit; (3) shed for storage of building or lot maintenance equipment; (4) private kennel for not more than three (3) dogs or three (3) cats, four (4) months of age or older, with minimum 6 foot fence for exterior kennel; (5) private swimming pool, including deck, bath house or cabana; boat dock; (6) disaster shelter; (7) private garden; greenhouse or slat house up to eight (8) feet high; (8) private tennis, outdoor recreational and picnic facilities. | |||
| R-8 CONDITIONAL USES [approved by Codes Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Public utility substation, water tower [see Division 6 for communication tower],
provided all following conditions are met: (1) structures enclosed by six (6) foot fence or wall; (2) no office, commercial operation, or storage of vehicles or equipment is permitted; (3) a landscaped strip at least five (5) feet wide is planted and maintained along all exterior lot lines. | 49 | Electric, gas, water, sanitary services | One (1) space |
| b) Cemetery, provided all following conditions are met: (1) minimum one (1) acre lot; (2) no crematorium or dwelling except for caretaker; (3) front yard setback greater of seventy (70) feet from center of street or ten (10) feet from street right-of-way line; (4) non-illuminated sign not over thirty (30) square feet in area or ten (10) feet in height. | 6553 | Cemetery | None |
| c) Temporary contractor office and equipment shed, provided all following conditions
are met: (1) used in connection with construction on premises; (2) must not cause traffic congestion or nuisance; (3) for term up to one (1) year; may be renewed once. | 1521 | General contractors, single-family houses | One (1) for each 300 square feet of office area |
| d) Customary home occupation in single-family dwelling, including bed and breakfast,
provided all following conditions are met: (1) conducted inside dwelling by resident family members; (2) utilizes not more than 25% of total dwelling floor area; (3) no change in exterior appearance of dwelling; (4) no outside display of products; (5) no sale of products except those made on premises or consumables incidental to a service; (6) creates no health or safety hazard, noise, offensive emission, traffic hazard, unsightly condition or nuisance; (7) activity is not visibly evident outside dwelling, except for a wall-mounted sign not over four (4) square feet in area. | |||
| R-8 CONDITIONAL USES [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Unlighted, regulation-size or par three golf course, provided the Board of Zoning
Appeals determines: (1) adequate off street parking is provided; (2) no building permitted except maintenance shed, club-house (including limited eating facility and pro shop), storage, restrooms, rain shelters, and gate house; (3) no permitted building or parking facility shall be within 300 feet of a dwelling; (4) adequate provisions for access and traffic safety; (5) the use is compatible with the district. | 7992 | Golf courses, public; golf courses, membership | Number and location set by Board; minimum: one (1) for each 200 square feet of building area, plus two (2) for each golf hole |
| b) Private kindergarten or per-school nursery, provided the Board of Zoning Appeals
determines: (1) applicable State regulations are met; (2) minimum 20,000 square foot lot; (3) structures minimum of 25 feet from residential property; (4) conditions imposed for safety, traffic, impact on district; (5) the use is compatible with the district. | 8211, 8351 | Kindergarten (with academic program); child day care services | One (1) for each employee |
| c) Clustered single-family development, provided the Board of Zoning Appeals determines: (1) detached single-family units on minimum of 2 acres; (2) not exceed density per tract; may exceed density per acre; (3) lot requirements per house may be waived; (4) Subdivision regulations are met; (5) adequate provisions for access and traffic safety: (6) the use is compatible with the district. | 88 | Private households | Two (2) for each dwelling unit |
| d) Conversion of existing dwelling to multi-family, provided the Board of Zoning Appeals
determines: (1) large structure (over 6,000 square feet in total area) existing prior to July 11, 1977; (2) minimum lot area of 40,000 square feet; (3) no enlargement or exterior changes to structure permitted; (4) no outside display of products; (5) use is compatible with district; (6) no sale of products, except those made on premises, or consumables incidental to a service; (7) creates neither health, safety nor traffic hazard; noise; offensive emission; unsightly condition nor nuisance; | 5812, 7299 | Limited to Wedding Services only (Provided the cond. as noted are met) | One (1) per dwelling unit to be located in rear yard; one for every 200 square feet of gross floor space used for commercial purposes with no parking permitted on street |
| (8) activity not visibly evident outside structure, except for a wall-mounted sign
not exceeding four (4) square feet in area; (9) hours of operation to be established and approved by the Zoning Board of Appeals. (Effective Date 10-28-2002) | |||
| e) Conversion of existing dwelling to bed and breakfast inn, provided the Board of
Zoning Appeals determines: (1) building existed prior to July 11, 1977; (2) all conditions for home occupation are met as required for R-8 Conditional Uses d); (3) no common or shared driveways are permitted; (4) adequate off street parking is provided in approvedareas; (5) maximum of four (4) guest rooms; (6) guest rooms restricted to guest stay not exceeding 30 days; (7) the use is compatible with the district. | 7011 | Bed and breakfast inn | Number andlocation set by Board; minimum: one (1) for each guest room |
(Ord. No. 23, § 2-605.4, 5-12-1997; Ord. No. 2009-10, § 1, 1-11-2010; Ord. No. 2010-01, § 1, 3-8-2010)
Sec. 2-605.5. - R-8 One family residential district regulations.
The following regulations apply to all uses in R-8 districts:
| Minimum lot area: | Eight thousand (8,000) square feet |
| Minimum land area per dwelling unit: | Eight thousand (8,000) square feet |
| Maximum dwelling units per net acre: | Five (5) dwelling units |
| Minimum lot width at building line: | Seventy (70) feet |
| Minimum front yard depth: | Twenty-five (25) feet, or average of existing setbacks from same street in same block in district, but not less than fifteen (15) feet |
| Minimum setback from second street frontage: | Side street on corner lot: fifteen (15) feet; rear street on double frontage lot: twenty-five (25) feet |
| Minimum side yard: | Principal structure: ten (10) feet from interior side lot line; provided, total of
both side yards must be at least 20% of lot width. Accessory structure: five (5) feet from interior side lot line. |
| Minimum rear yard: | Principal structure: fifteen (15) feet from interior rear lot line Accessory structure: five (5) feet from interior rear lot line |
| Maximum structure height: | Forty (40) feet [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Roof pitch requirement: (Effective Date 6-25-2001) | Not less than a 6:12 roof pitch |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished
street level within twenty-five (25) feet of intersection of street right-of-way lines Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Signs: | See supplemental regulations, Division 6 |
| Off Street Parking Area Requirements: Supplemental regulations: | See supplemental regulations, Division 6 |
(Ord. No. 23, § 2-605.5, 5-12-1997)
Sec. 2-605.6. - R-6 One and two family residential district uses.
| R-6 PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Single-family and two-family (duplex) dwellings | 88 | Private households | One (1) for each dwelling unit |
| b) Government building or facility except jail or correctional facilities (Effective Date 10-28-2002) | 91,92, 93,94, 95,96 except 9223 | General government, justice, public order, safety, finance, etc. | One (1) per 200 square feet of gross floor area |
| c) Non-commercial horticulture or agriculture, but not including thekeeping of poultry or animals | 01 | Agricultural orchard, greenhouse, nursery | None |
| d) Church, synagogue, temple, or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreation facilities, kindergarten or pre-school nursery, in permanent structures | 8661 | Religious organizations, churches, etc. | One (1) for each two employees and one (1) for each four (4) seats in main assembly room |
| e) Accessory uses on same lot with principal use, as follows: (1) private garage for motor vehicles; (2) open parking area for two motor vehicles per dwelling unit, may be used for one (1) commercial vehicle up to one (1) ton in capacity per dwelling unit; (3) shed for storage of building or lot maintenance equipment; (4) private kennel for not more than three (3) dogs or three (3) cats, four (4) months of age or older, with minimum 6 foot fence for exterior kennel; (5) private swimming pool, including deck, bath house or cabana; boat dock; (6) disaster shelter; (7) private garden; greenhouse or slat house up to eight (8) feet high; (8) private tennis, outdoor recreational and picnic facilities. | |||
| R-6 CONDITIONAL USES - All conditional uses permitted in R-8 districts. |
| R-6 SPECIAL EXCEPTIONS - [approved by Board of Zoning Appeals after hearing] |
| a) All special exceptions permitted in R-8 districts. |
| b) Manufactured homes (single and double wides) used as residence on a single lot, provided all following conditions are met: |
| a. wheels are removed and unit is placed on a permanent foundation complying with building code; |
| b. concrete or masonry underpinning is installed; |
| c. unit is tied down for 80 miles per hour wind resistance; |
| d. all mobile features are removed; |
| e. two off street parking spaces per unit are provided; |
| f. owner shall certify in writing that unit meets HUD standards and will be maintained in compliance with HUD standards; |
| g. failure to bring a unit into compliance with HUD standards within 15 days after notice of deficiencies is a violation of these conditions subject to penalties provided by the County Code; |
| h. all manufactured homes shall be placed parallel to the primary road which accesses the property; |
| i. the roof of manufactured homes shall have no less than a nominal 3:12 pitch; |
| j. each manufactured home shall have vinyl siding and shingled roofs, porches and/or stoops at all entrances to the home built in accordance with the Standard Building Code, latest adopted edition, or CABO One and Two Family, latest adopted edition. (Effective Date 7-23-2001) |
(Ord. No. 23, § 2-605.6, 5-12-1997)
Sec. 2-605.7. - R-6 One and two family residential district regulations.
The following regulations apply to all uses in R-6 districts:
| Minimum lot area: | Six thousand (6,000) square feet |
| Minimum land area per dwelling unit: | Six thousand (6,000) square feet |
| Maximum dwelling units per net acre: | Seven (7) dwelling units |
| Minimum lot width at building line: | Fifty (50) feet |
| Minimum front yard depth: | Fifteen (15) feet from street right-of-way line |
| Minimum setback from second street frontage: | Side street on corner lot: fifteen (15) feet; rear street on double frontage lot: twenty-five (15) feet |
| Minimum side yard: | Principal structure: Five (5) feet from interior side lot line; provided, total of
both side yards must be at least 30% of lot width Accessory structure: five (5) feet from interior side lot line |
| Minimum rear yard: | Principal structure: fifteen (15) feet from interior rear lot line Accessory structure: five (5) feet from interior rear lot line |
| Maximum structure height: | Forty (40) feet [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Roof pitch requirement (Effective Date: 3-8-2010) | Mimimum of 6:12 roof pitch |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished
street level within twenty-five (25) feet of intersection of street right-of-way lines. Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Off street parking area requirements: | See supplemental regulations, Division 6 |
| Signs: | See supplemental regulations, Division 6 |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.7, 5-12-1997; Ord. No. 2010-01, § 1, 3-8-2010)
Sec. 2-605.8. - GR General residential district uses.
| GR PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Single-family, two family and multi-family dwellings (as defined in § 2-602.2) | 88 | Private households | One (1) for each dwelling unit |
| b) Group dwelling (as defined in § 2-602.2) | 702 | Rooming and boarding houses | One (1) for each bedroom |
| c) Tourist home (as defined in § 2-602.2) | One (1) for each guest room | ||
| d) Government building or facility | 91, 92, 93, 94, 95, 96 | General government, justice, public order, safety, finance, etc. | One (1) per 200 square feet of gross floor area |
| e) Non-commercial horticulture or agriculture, but not including the keeping of poultry or animals | 01 | Agricultural orchard, greenhouse,nursery | None |
| f) Church, synagogue, temple, or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, recreation facilities, kindergarten or preschool nursery, in permanent structures | 8661 | Religious organizations, churches, etc. | One (1) for each two employees and one (1) for each seats in main assembly room |
| g) Miniwarehouse | 4225 | Miniwarehouse, storage | One (1) for each 200 sq. ft. of office area |
| h) Recreational facilities, such as playground, tennis court, ball field, swimming pool, or golf course | 7992, 7997 | Public and membershiprecreation services | One (1) per 200 sq. ft. of building area plus two (2) for each golf hole |
| i) Accessory uses on same lot with principal use, as follows: (1) private garage for motor vehicles; (2) open parking area for two motor vehicles per dwelling unit, may be used for one (1) commercial vehicle up to one (1) ton in capacity per dwelling unit; (3) shed for storage of building or lot maintenance equipment; (4) private kennel for not more than three (3) dogs or three (3) cats, four (4) months of age or older, with minimum 6 foot fence for exterior kennel; (5) private swimming pool, including deck, bath house or cabana; boat dock; (6) disaster shelter; (7) private garden; greenhouse or slat house up to eight (8) feet high; (8) private tennis, outdoor recreational and picnic facilities. | |||
| GR CONDITIONAL USES [approved by Codes Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Public utility substation, water tower [see Division 6 for communication tower],
provided all following conditions are met: (1) structures enclosed by six (6) foot fence or wall; (2) no office, commercial operation, or storage of vehicles or equipment is permitted; (3) a landscaped strip at least five (5) feet wide is planted and maintained along all exterior lot lines. | 49 | Electric, gas, water, sanitary services | One (1) space |
| b) Temporary contractor office and equipment shed, provided all following conditions
are met: (1) used in connection with construction on premises; (2) must not cause traffic congestion or nuisance; (3) for term up to one (1) year; may be renewed once. | 152, 153 | General contractors, residential | One (1) for each 300 square feet of office area |
| c) Manufactured home on a single lot, occupied as residence, on permanent foundation, tied down, with mobile features removed | One (1) for each unit | ||
| d) Customary home occupation in single-family dwelling, provided all following conditions
are met: (1) conducted inside dwelling by resident family members; (2) utilizes not more than 25% of total dwelling floor area; (3) no change in exterior appearance of dwelling; (4) no outside display of products; (5) no sale of products except those made on premises or consumables incidental to a service; (6) creates no health or safety hazard, noise, offensive emission, traffic hazard, unsightly condition or nuisance; (7) activity is not visibly evident outside dwelling, except for a wall-mounted sign not over four (4) square feet in area. | |||
| GR SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Private kindergarten or pre-school nursery, provided the Board of Zoning Appeals
determines: (1) applicable State regulations are met; (2) minimum 20,000 square foot lot; (3) minimum of 25 ft. from residential property; (4) conditions are imposed for child safety, traffic, impact on adjacent properties; and (5) the use is compatible with the district. | 8221 8351 | Kindergarten(with academic program); child day care services | One (1) for each employee |
| b) Clustered single-family development, provided the Board of Zoning Appeals determines: (1) detached single-family units on minimum of 2 acres; (2) cannot exceed density per tract; may exceed density per acre; (3) lot requirements per house may be waived; (4) Subdivision regulations are met; (5) conditions are imposed for adequate access and traffic safety; (6) the use is compatible with the district. | 88 | Private households | Two (2) for each dwelling unit |
| c) Manufactured homes (single and double wides) used as residence on a single lot,
provided all following conditions are met: a. wheels are removed and unit is placed on a permanent foundation complying with building code; b. concrete or masonry underpinning is installed; c. unit is tied down for 80 miles per hour wind resistance; d. all mobile features are removed; e. two off street parking spaces per unit are provided; f. owner shall certify in writing that unit meets HUD standards and will be maintained in compliance with HUD standards; g. failure to bring a unit into compliance with HUD standards within 15 days after notice of deficiencies is a violation of these conditions subject to penalties provided by the County Code; h. all manufactured homes shall be placed parallel to the primary road which accesses the property; i. the roof of manufactured homes shall have no less than a nominal 3:12 pitch; j. each manufactured home shall have vinyl siding and shingled roofs, porches and/or stoops at all entrances to the home built, in accordance with the Standard Building Code, latest adopted edition, or CABO One and Two Family, latest adopted edition. (Effective Date 7-23-2001) | |||
| d) Mobile home park, provided the Board of Zoning Appeals determines: (1) the use is compatible with the district; (2) the park will be on a minimum one (1) acre lot with adequate drainage; (3) the park will not contain more than seven (7) mobile units per acre; (4) each mobile home space will contain at least 4,100 square feet, and have minimum width of 40 feet; (5) setbacks for units are twenty (20) feet from property lines, buildings and driveways; (6) there shall be 2,500 square feet of common open space for each acre or major fraction of an acre in the park; (7) all mobile home spaces will be accessible by an all-weather driveway at least twenty (20) feet in width with unobstructed access to a public street, and by all-weather sidewalks at least three (3) feet wide; (8) a greenbelt is required along all interior lot lines, in width not less than side yard requirements for an adjoining residential district consisting of two or more rows of plants not more than six (6) feet apart which grow to a height of seven (7) feet after two (2) growing seasons; and not less than five (5) feet in width adjacent to non-residential districts with the same growth requirements; (9) each mobile home will be anchored as required by the Southern Building Code, Appendix H; (10) all applicable state and local regulations related to parking, signs, subdivisions, land development, traffic safety, health and environment are met; and (11) a site plan showing the details of development shall be submitted for approval upon compliance with additional conditions imposed by the Board to implement the intent of this ordinance. | |||
(Ord. No. 23, § 2-605.8, 5-12-1997)
Sec. 2-605.9. - GR General residential district regulations.
The following regulations apply to all uses in GR districts:
| Minimum lot area: | Six thousand (6,000) square feet |
| Minimum land area per single-family dwelling unit: | Six thousand (6,000) square feet |
Minimum land area (square feet) per dwelling unit and maximum units per net acre for multi-family dwelling:
| Multi-family | 1 story | 2 stories | 3 stories | 4 or more stories | ||||
|---|---|---|---|---|---|---|---|---|
| Unit Type: | Min. Area | Units/ net acre | Min. Area | Units/ net acre | Min. Area | Units/ net acre | Min. Area | Units/ net acre |
| Efficiency (Studio) | 2,000 | 21 | 1,435 | 30 | 1,410 | 30 | 1,240 | 35 |
| 1 Bedroom | 2,000 | 21 | 1,775 | 24 | 1,625 | 26 | 1,438 | 30 |
| 2 Bedroom | 3,650 | 16 | 2,475 | 17 | 2,125 | 20 | 1,825 | 23 |
| 3 Bedrooms | 3,525 | 12 | 3,175 | 13 | 2,653 | 16 | 2,200 | 19 |
| 4 or more bedrooms | 4,375 | 9 | 3,975 | 10 | 3,492 | 12 | 2,725 | 15 |
| Minimum lot width at building line: | Fifty (50) feet |
| Minimum front yard depth: | Twenty-five (25) feet from street right-of-way line |
| Minimum setback from second street frontage: | Side street on corner lot: twelve and one-half (12½) feet; Rear street on double frontage lot: twenty-five (25) feet |
| Minimum side yard: | Principal structure: ten (10) feet from interior side lot line; provided, total of
both side yards must be at least 30% of lot width Accessory structure: five (5) feet from interior side lot line |
| Minimum rear yard: | Principal structure: fifteen (15) feet from interior rear lot line Accessory structure: five (5) feet from interior rear lot line |
| Maximum structure height: | Multi-family dwelling: sixty (60) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae]; manufactured home: fifteen (15) feet |
| Off street parking area requirements: | See supplemental regulations, Division 6 |
| Roof pitch requirement (Effective Date: 3-8-2010): | Mimimum of 6:12 roof pitch |
| Signs: | See supplemental regulations, Division 6 |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.9, 5-12-1997; Ord. No. 2010-01, § 1, 3-8-2010)
Sec. 2-605.10. - MF Multi-family residential district uses.
| MF PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Multi-family dwellings (as defined in § 2-602.2) | 88 | Private households | One (1) for each dwelling unit |
| b) Combination of single-family and multi-family units developed as asingle planned development | One (1) for each dwelling unit | ||
| c) Group dwelling (as defined in § 2-602.2) | 702 | Rooming and boarding houses | One (1) for each bedroom |
| d) Group dwelling (as defined in § 2-602.2) | One (1) for eachguest room | ||
| e) Government building or facility | 91, 92, 93, 94, 95, 96> | General government, justice, public order, safety, finance, etc. | One (1) per 200 square feet of gross floor area |
| f) Church, synagogue, temple, or place of worship, including religious education building, parsonage or parish house, off-street parking formembers and visitors without pay, recreation facilities, kindergarten or pre-school nursery, in permanent structures | 8661 | Religious organizations,churches, etc. > | One (1) for each two employees and one (1) for each four (4) seats in main assembly room |
| g) Recreational facilities, such as playground, tennis court, ball field, swimming pool, or golf course | 7992, 7997 | Public and membership recreation services | One (1) per 200 sq. ft. of building area plus two (2) for each golf hole |
| h) Accessory uses on same lot with principal use, as follows: (1) private garage for two motor vehicles per dwelling unit; (2) open parking area for two motor vehicles per dwelling unit, may be used for one (1) commercial vehicle up to one (1) ton in capacity per dwelling unit; (3) shed for storage of building or lot maintenance equipment; (4) private kennel for not more than three (3) dogs or three (3) cats, four (4) months of age or older, with minimum 6 foot fence for exterior kennel; (5) private swimming pool, including deck, bath house or cabana; boat dock; (6) disaster shelter; (7) private garden; greenhouse or slat house up to eight (8) feet high; (8) private tennis, outdoor recreation and picnic facilities; (9) facilities for administering permitted principal uses. | |||
| MF CONDITIONAL USES [approved by Codes Administrator if all conditions are met) | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Public utility substation, water tower [see Division 6 for communication tower],
provided all following conditions are met: (1) structures enclosed by six (6) foot fence or wall; (2) no office, commercial operation, storage of vehicles or equipment permitted; (3) a landscaped strip at least five (5) feet wide is maintained along exterior lot lines. | 49 | Electric, gas, water, sanitary services | One (1) space |
| b) Cemetery, provided all following conditions are met: (1) minimum five (5) acre lot; (2) no crematorium or dwelling except for caretaker; (3) front yard setback greater of seventy (70) feet from center of street or ten (10) feet from street right-of-way line; (4) non-illuminated sign not over thirty (30) square feet in area or ten (10) feet in height. | 6553 | Cemetery | None |
| c) Temporary contractor office and equipment shed, provided all following conditions
are met: (1) used in connection with construction on premises; (2) must not cause traffic congestion or nuisance; (3) for term up to one (1) year; may be renewed once. | 152, 153 | Generalcontractors, residential | One (1) for each 300 square feet of office area |
| MF SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Private kindergarten or pre-school nursery, provided the Board of Zoning Appeals
determines: (1) applicable State regulations are met; (2) minimum 20,000 square foot lot; (3) minimum of 25 ft. from residential property; (4) conditions are imposed for child safety, traffic, impact on adjacent properties; and (5) the use is compatible with the district. | 8211 8351 | Kindergarten (with academic program); child day care services | One (1) for each employee |
(Ord. No. 23, § 2-605.10, 5-12-1997)
Sec. 2-605.11. - MF Multi-family residential district regulations.
The following regulations apply to all uses in MF districts:
| Minimum lot area: | Two (2) acres |
Minimum land area (square feet) per dwelling unit and maximum units per net acre for multi-family dwelling
| Multi-family | 1 story | 2 stories | 3 stories | 4 or more stories | ||||
|---|---|---|---|---|---|---|---|---|
| Unit Type: | Min. Area | Units/ net acre | Min. Area | Units/ net acre | Min. Area | Units/ net acre | Min. Area | Units/ net acre |
| Efficiency (Studio) | 2,000 | 21 | 1,435 | 30 | 1,410 | 30 | 1,240 | 35 |
| 1 Bedroom | 2,000 | 21 | 1,775 | 24 | 1,625 | 26 | 1,438 | 30 |
| 2 Bedroom | 3,650 | 16 | 2,475 | 17 | 2,125 | 20 | 1,825 | 23 |
| 3 Bedrooms | 3,525 | 12 | 3175 | 13 | 2653 | 16 | 2200 | 19 |
| 4 or more bedrooms | 4,375 | 9 | 3,975 | 10 | 3,492 | 12 | 2,725 | 15 |
| Minimum front yard depth: | Fifty (50) feet from street right-of-way line |
| Minimum setback from second street frontage: | Side street on corner lot: twenty-five 25 feet; Rear street on double frontage lot: fifty (50) feet |
| Minimum side yard: | Principal structure: twenty-five (25) feet from interior side lot line; Accessory structure: ten (10) feet from interior side lot line |
| Minimum rear yard: | Principal structure: fifty (50) feet from interior rear lot line Accessory structure: five (10) feet from interior rear lot line |
| Maximum structure height: | Multi-family dwelling: sixty (60) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Roof pitch requirement (Effective Date: 3-8-2010): | Minimum of 6:12 roof pitch |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished
street level within twenty-five (25) feet of intersection of street right-of-way lines Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Off street parking area requirements: | See supplemental regulations, Division 6 |
| Screening: | See landscaping regulations |
| Signs: | See supplemental regulations, Division 6 |
| Subdivision regulations: | Applicable regulations must be met |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.11, 5-12-1997; Ord. No. 2010-01, § 1, 3-8-2010)
Sec. 2-605.12. - NC Neighborhood Commercial District Uses.
| NC PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Retail business - sale of merchandise on premises including but not limited to: 1) drug store or pharmacy; 2) small convenient-type grocery store; 3) package liquor store; 4) florist shop; 5) antique store; 6) book, magazine, newspaper shop; bakery. | 5912 5411 5921 5992 5932 5942, 5994 5461 | Drug store. Convenience food store. Liquor, packaged-retail. Florist. Antiques, used goods. Book store; newsstand. Retail bakery. | One (1) for each 200 square feet of retail floor space |
| b) Personal services, including but not limited to: 1) branch, bank, savings and loan, small loan company; 2) barber or beauty shop; 3) dressmaker, seamstress, tailor; 4) insurance agency; 5) professional office: doctor, lawyer, engineer, accountant; 6) realty office. | 60 6141 7231 7219, 5699 6411 801-804 81 871-872 653 | Depository, bank, small loan company. Barber and beauty shops. Dressmaking; tailors. Insurance agents, service Doctor, health practitioner. Legal services; engineering, accounting; real estate agent, manager. | One (1) for each 300 square feet of gross floor area |
| c) Membership organizations including: 1) Business and professional associations: 2) Unions and political organizations; 3) Civic, social and fraternal organizations. | 86 | Membership organizations. | One (1) for each four (4) seats in assembly room |
| d) Church, synagogue, temple, or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, and recreation facilities | 8661 | Religious organizations, churches, etc. | One (1) for each two employees and one (1) for each four (4) seats in assembly room |
| e) Government building or facility, and schools | 82, 91,92,93, 94,95,96 | Public schools; general government, justice, public order, safety, finance, etc. | School: one (1) per classroom or office Other: one (1) per 200 sq. ft. of area |
| f) Residential uses permitted in R-8 | 88 | Private households | Two (2) per unit |
| g) Group dwelling (as defined in § 2-602.2) | 702 | Rooming, boardinghouse | One (1) per bedroom |
| h) Tourist home (as defined in § 2-602.2) | N/A | One (1) per guest room, plus one (1) for each 3 employees | |
| Accessory uses on same lot with principal use, as follow: (1) Off-street parking or storage area for vehicles owned by members, customers or employees of business; (2) Completely enclosed building for storage of supplies or merchandise for use in the principal business. | |||
| NC PERMITTED USES [approved by Codes Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) School, provided all following conditions are met: (1) not more than 25 students will be enrolled; (2) instruction is limited to art, music, dancing, drama, or similar cultural activity. | 7911 8299 | Dance schools. Schools and educationalservices: art, drama, music, etc. | One (1) for each classroom and each administrative office. |
| b) Contractor's office, provided there will be no store of vehicles, equipment or materials on the premises. | 15, 16, 17 | Contractor-office only | One (1) for each 300 square feet of floor space. |
| c) Dry cleaning or laundry pickup agency, provided laundering, cleaning or pressing on premises involves only articles delivered to premises by individual customers | 7212 | Garment pressing, and agents for laundries and dry cleaners | One (1) for each 250 square feet of floor area not forstorage. |
| d) Public utility substation, water tower [see Division 6 for communication tower],
provided all following conditions are met: (1) structures enclosed by six (6) foot fence or wall; (2) no office, commercial operation, or storage of vehicles or equipment is permitted; (3) a landscaped strip at least five (5) feet wide is planted and maintained along all exterior lot lines. | 49 48 | Electric, gas, water, sanitary services. Communications. | One (1) space |
| e) Temporary use, provided all following conditions are met: (1) Christmas tree sales, on vacant lot for a period not to exceed 45 days; (2) Contractor's office and equipment shed, (1) used in connection with construction on premises; (2) must not cause traffic congestion ornuisance; (3) for term up to one (1) year; may be renewed once. | One (1) foreach 300 square feet of office area |
| NC SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Automobile service station, including limited sale of groceries, provided the Board
of Appeals determines: (1) the use is compatible with the district; (2) parking and service areas are separated from adjoining residential property by planting screen, fence or wall at least 6 feet high; (3) no major repairs or sale of vehicles to be conducted on premises; (4) adequate provisions are made for access and traffic safety; (5) conditions are imposed to protect adjacent property from adverse impact; (6) fuel pumps must comply with State regulations. | 5541 | Gasoline service stations | Two (2) for each fuel pump, plus three (3) for each service bay or wash rack |
| b) Car wash, either automatic or self-service, provided the Board of Appeals determines: (1) the use is compatible with the district; (2) adequate spaces for vehicles awaiting entry are required; more than minimum may be required; (3) the area is required to be adequately screened from adjoining residential property; (4) adequate provisions are made for access and traffic safety; (5) hours of operation are limited to prevent late night noise. | 7542 | Carwashes | Self-service wash: three (3). Automatic wash:set by Board; minimum six (6) |
| c) Delicatessen, restaurant, soda fountain or other eating/drinking establishment,
provided the Board of Appeals determines: (1) the use is compatible with the district; (2) no outside loud speaker is allowed; (3) exterior and vehicle lights will be directed away from residential property; (4) parking and service areas will be separated from residential areas by planting screen, fence or wall at least 6 feet high; (5) adequate provisions are made for access and traffic safety; (6) hours of operation are limited to prevent late night noise. | 5812 | Eating places | One (1) for each four (4) seats, plus one (1) for each two (2) employees on shift with maximum employment |
| d) Conversion of existing dwelling to multi-family: (1) under the same conditions and procedures as allowed in R-8 Special Exceptions. | N/A | One (1) for each dwelling unit in year |
(Ord. No. 23, § 2-605.12, 5-12-1997)
Sec. 2-605.13. - NC Neighborhood commercial district regulations.
The following regulations apply to all uses in NC districts:
| Minimum lot area: | Ten thousand (10,000) square feet |
| Minimum lot width at building line: | One hundred (100) feet |
| Minimum front yard depth: | Twenty-five (25) feet from street right-of-way line |
| Minimum setback from second street frontage: | Side street on corner lot: twelve and one-half (12½) feet; Rear street on double frontage lot: twenty-five (25) feet |
| Minimum side yard: | Principal structure: ten (10) feet from interiorside lot line; provided, total of
both side yards must be at least 30% of lot width Accessory structure: five (5) feet from interior side lot line |
| Minimum rear yard: | Principal structure: fifteen (15) feet from interior rear lot line Accessory structure: five (5) feet from interior rear lot line |
| Maximum structure height: | Forty (40) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Visibility requirements: | Corner lot: no obstruction between heights of three and ten (10) feet above finished
street level with twenty-five (25) feet of intersection of street right-of-way lines Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Off street parking area requirements: | See parking, supplemental regulations, Division 6 See landscaping, supplemental regulations, Division 6 |
| Screening: | Planting screen, fence or wall at least six (6) feet high is required along all interior lot lines abutting a residential district |
| Signs: | See signs, supplemental regulations, Division 6 |
| Subdivision regulations: | Applicable regulations must be met |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.13, 5-12-1997)
Sec. 2-605.14. - NCH Neighborhood commercial historic district uses.
| NCH PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Retail business involving sale of merchandise on premises limited to: 1) antique shop; 2) gift shop; 3) women's or men's clothing store. | 5932 5947 561-564 | Antiques, used goods. Gift, novelty, souvenir shop. Apparel and accessory store. | One (1) or each 200 square feet of retail floor space |
| b) Finance, insurance, and real estate | 60 61 62 63, 64, 65 67 | Depository, bank; credit institutions; security dealers; etc.; insurance carriers, agents; real estate agents, etc.; investment offices. | One (1) for each 300 square feet of retail floor space |
| c) Services to individuals, business and government establishments, limited to: 1) medical offices; 2) law offices; 3) libraries; 4) museums, art galleries, gardens; 5) membership organizations, churches; 6) architect offices: 7) accountant offices: 8) artists, writers, lecturers. | 801-804 81 823 84 86 8712 872 899 | Health services [except hospitals]; legal services; libraries; museums and gardens; membership organizations; architectural services; accounting services; artists, authors, lecturers, etc. | One (1) for each 300 square feet of gross floor area |
| d) Residential uses permitted in R-10 | 88 | Private households | Two (2) per unit |
(Ord. No. 23, § 2-605.14, 5-12-1997)
Sec. 2-605.15. - NCH Neighborhood commercial historic district regulations.
The following regulations apply to all uses in NCH districts.
| Minimum lot area: | Ten thousand (10,000) square feet |
| Minimum lot width at building line: | One hundred (100) feet; provided, a lot of record in NCH district prior to adoption of this ordinance with a lesser width shall be treated as a conforming lot if a driveway or access to the rear yard exists |
| Minimum front yard depth: | Thirty-five (35) feet from street right-of-way line |
| Minimum setback from second street frontage: | Side street on corner lot: twelve and one-half (12½) feet; Rear street on double frontage lot: twenty-five (25) feet |
| Minimum side yard: | Principal structure: ten (10) feet from interiorside lot line; provided, total of
both side yards must be at least 30% of lot width Accessory structure: five (5) feet from interior side lot line |
| Minimum rear yard: | Principal structure: forty (40) feet frominterior rear lot line Accessory structure: five (5) feet frominterior rear lot line |
| Maximum structure height: | Forty (40) feet when permitted by fire regulations [not applicable to church shires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished
street level with twenty-five (25) feet of intersection of street right-of-way lines Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Off street parking area requirements: | See parking, supplemental regulations, Division 6 No parking is permitted in required front yard. |
| Screening: | See landscaping, supplemental regulations, Division 6 Planting screen, fence or wall at least six (6) feet high is required long all interior lot lines abutting a residential district |
| Signs: | See signs, supplemental regulations, Division 6 Permitted signs must be wood or incorporated into cloth awnings |
| Subdivision regulations: | Applicable regulations must be met |
| Supplemental regulations: | See Division 6 |
| Appearance: | The exterior of all structures must be residential in appearance. |
| Plan review: | Plans for a new structure or alteration of an existing structure, including signs, must be reviewed and approved by the Historic Preservation Commission prior to issuance of a zoning permit. Regulations in § 2-605.27 for -H Historic Overlay districts and application requirements in § 2-605.28 apply. See Division 7 for Historic Preservation Commission procedural requirements. |
(Ord. No. 23, § 2-605.15, 5-12-1997)
Sec. 2-605.16. - CC Core commercial district uses.
| CC PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Telephone, telegraph radio, television services, [except communications towers—see conditional uses] | 48 | Communications | None |
| b) Public utility including water tower, substation | 49 | Electric, gas, water, sewer | None |
| c) Wholesale trade, durable and nondurable goods | 50, 51 | Wholesale trade | One (1) per 300 square feet of gross sales area |
| d) Retail trade, involving sale of merchandise on premises [except SIC 5541 automobile service station—see special exceptions] | 52 53 54 55 56 57 58 59 | Building material, hardware, garden supply; general merchandise; food stores; automotive dealers; apparel and accessory; home furniture, and equip.; eating and drinking places; miscellaneous retail. | None |
| e) Finance, insurance, and real estate | 60 61 62 63, 64, 65 67 | Depository institutions; credit institutions; security dealers, etc.; insurance carriers, agents; real estate agents, etc.; investment offices. | None |
| f) Services to individuals, businesses and government establishments (except hospital, crematory, carwash or automobile repair garage—see conditional uses and special exceptions] | 701, 702 72 73 751, 752 76 7832 784 79 80 81 82 83 84 86 87 89 | Hotels, motels, rooming and boarding houses; personal services; business services; auto rental and parking; miscellaneous repair; indoor motion pictures; video tape rental; amusement and recreation; health services [except hospitals]; legal services; schools and libraries; social services; museums and gardens; membership organization; engineering, accounting, research and management; services not classified | None |
| g) Church, synagogue, temple, or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, and recreation facilities | 8661 | Religious organizations, churches, etc. | One (1) foreach two employees |
| h) Government building or facility, including postal facility | 43 91, 92, 93, 94, 95, 96 | U.S. Postal Service; general government, justice, public order, safety, finance, etc. | One (1) for each 200 square feet of floor area |
| i) Residential use lawfully existing within the district at the time of adoption of this ordinance. Residential occupancy is allowed on all floor levels that do not exit immediately to grade. | N/A | One (1) per residential unit in excess of two (2) units per building | |
| j) Group dwelling (as defined in § 2-602.2) | 702 | Rooming, boarding house | One (1) for each bedroom |
| k) Tourist home (as defined in § 2-602-2) | N/A | Parking spaces: One (1) for each guest room | |
| l) Accessory uses on same lot with principal use, as follows: (1) Off-street parking or storage area for vehicles owned by members, customers or employees of business; (2) Completely enclosed building for storage of supplies or merchandise for use in the principal business. | |||
| CC PERMITTED USES [approved by Codes Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Newspaper publishing plant, provided all following conditions are met: (1) off-street loading spaces: one (1) space for first 25,000 square feet of gross floor area, and one (1) space for each additional 70,000 square feet of floor area, or fraction thereof; (2) loading spaces must be minimum of twelve (12) feet wide and forty (40) feet long, clear of obstructions; (3) each loading space shall have direct access to an alley or street. | 2711 | Newspaper publishing and printing | One (1) for each business vehicle and one (1) for each two (2) employees on maximum shift |
| b) Garage for repair and servicing of motor vehicles, provided all following conditions
are met: (1) operations are in fully enclosed building; (2) no open storage of wrecked vehicles or dismantled parts, or parts visible beyond premises. | 753 | Automotive repair shops | Three (3) foreach service bay |
| c) Community hospitals or clinics, including related functions conducted within a
hospital or clinic, provided all following conditions are met: (1) off-street loading spaces: one (1) space for first 25,000 square feet of gross floor area, and one (1) space for each additional 10,000 square feet of floor area, or fraction thereof; (2) loading spaces must be minimum of twelve (12) feet wide and forty (40) feet long, clear of obstructions; each loading space shall have direct access to an alley or street. | 806 | Hospitals | One (1) for each business vehicle, one (1) for each two (2) employees on maximum shift, and one (1) for each four (4) patient beds |
| d) Communications towers, see Division 6, Supplemental Regulations | 48 | Communications | One (1) space |
| e) Dwelling unit, provided all following conditions are met: (1) dwelling unit must be on a level above the grade level floor within a permitted principal use building; (2) dwelling units must have direct access to a street. | N/A | One (1) for each dwelling unit in excess of two units per building | |
| f) Temporary use, provided all following conditions are met: (1) Christmas tree sales, on vacant lot for a period not to exceed 45 days; (2) Contractor's office and equipment shed: (i) used in connection with construction on premises; (ii) must not cause traffic congestion or nuisance; (iii) for term up to one (1) year; may be renewed once. | N/A | One (1) for each 300 square feet of office area |
| CC SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Automobile service station, including limited sale of groceries, provided the Board
of Appeals determines: (1) the use is compatible with the district; (2) parking and service areas are separated from adjoining residential property by planting screen, fence or wall at least 6 feet high; (3) no major repairs or vehicle sales conducted on premises; (4) adequate provisions are made for access and traffic safety; (5) conditions are imposed to protect adjacent property from adverse impact; (6) fuel pumps must comply with State regulations. | 5541 | Gasoline service stations | Two (2) for each fuel pump, plus three (3) for each service bay or wash rack |
| b) Car wash, either automatic or self-service, provided the Board of Appeals determines: (1) the use is compatible with the district; (2) adequate spaces for vehicles awaiting entry are required; more than minimum may be required; (3) the area is required to be adequately screened from adjoining residential property; (4) adequate provisions are made for access and traffic safety; (5) hours of operation are limited to prevent the night noise. | 7542 | Carwashes | Self-service wash: three (3). Automatic wash: set by Board; minimum six (6) |
| c) Transportation terminals for bus and railroad service, provided the Board of Appeals
determines: (1) repair facilities and truck terminals are not permitted; (2) adequate maneuvering and parking spaces are set; (3) adequate provisions are made for access and traffic safety; (4) the area is adequately screened from residential areas; (5) the use is compatible with the district. | 40 417 | Railroad; terminal for motor vehicle passenger transportation | Set by the Board; minimum: one (1) for each 200 square feet of gross floor space |
(Ord. No. 23, § 2-605.16, 5-12-1997; Ord. No. 2015-16, § 1, 9-28-2015)
Sec. 2-605.17. - CC Core commercial district regulations.
The following regulations apply to all uses in CC districts:
| Minimum lot area: | None |
| Minimum lot width at building line: | Fifteen (15) feet |
| Minimum setback: | Comply with S.C. Department of Transportationrequirements |
| Maximum structure height: | Sixty (60) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Off street parking area requirements: | See parking, supplemental regulations, Division 6 |
| Screening: | See landscaping, supplemental regulations, Division 6. Open sales yards: Yards used for sale, rental or storage of materials or equipment must be screened from adjoining residential property or other zoning districts by a planning screen, fence or wall at least 6 feet high |
| Signs: | See signs, supplemental regulations, Division 6 |
| Subdivision regulations: | Applicable regulations must be met |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.17, 5-12-1997)
Sec. 2-605.18. - HC Highway commercial district uses.
| HC PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Telephone, telegraph, radio, television services [except communications towers—see conditional uses] | 48 | Communications | One (1) per 300 sq. ft. gross floor area |
| b) Public utility including water tower, station | 49 | Electric, gas, water, sewer | One (1) per 300 sq. ft. gross floor area |
| c) Wholesale trade, durable and nondurable goods | 50, 51 | Wholesale trade | One (1) per 300 sq. ft. gross sales area |
| d) Retail trade, including shopping center, involving sale of merchandise on premises [except SIC 5541 automobile service station—see special exceptions] | 52 53 54 55 56 57 58 59 | Building, mobile homes, hardware, retail garden supply; general merchandise; food stores; motor vehicle and boat dealers [except 5541]; apparel and accessory; home furniture, and equip.; eating, drinking places; miscellaneous retail. | One (1) per 200 square feet of floor area |
| e) Finance, insurance, and real estate | 60, 61 62 63, 64 65, 67 | Depository and credit inst.; security dealers, etc.; insurance carriers, agents; real estate and investment. | One (1) per 300square feet of gross floor area |
| f) Services to individuals, business and government establishments | 0742 701 72 73 75 76 7832 784 79 80 81 82 83 84 86 87 89 | Pet veterinary services; hotels, motels; personal services: laundry, barber, beauty shop, shoe repair, funeral, tax, etc.; business services; auto repair, services, wash, rental and parking; miscellaneous repair; indoor motion pictures; video tape rental; amusement and recreation; health services, hospitals; legal services; schools and libraries; social services; museums and gardens; membership organization; engineering, accounting, research and management; services not classified. | Hotel, motel: One (1) for each guest room. Service and repair: One (1) per 250 sq. feet of work area. Club, library, funeral home, theater: One (1) for each 4 seats. Hospital: One (1) for each 2 beds. School: One (1) for each classroom and admin. office. All other: One (1) per 300 square feet of gross floor area |
| g) Church, synagogue, temple, or place of worship, including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, and recreation facilities | 8661 | Religious organizations, churches, etc. | One (1) for each two employees and one (1) for each four (4) seats in assembly room |
| h) Government building or facility, including postal facility | 43 91, 92, 93, 94, 95, 96 | U.S. Postal Service; general government, justice, public order, safety, finance, etc. | One (1) for each 200 square feet of floor area |
| i) Miniwarehouses | 4225 | Warehousing and storage | One (1) per 200 sq. feet of office space |
| j) Group dwelling (as defined in § 2-602.2) | 702 | Rooming, boarding house | One (1) for each bedroom |
| k) Tourist home (as defined in § 2-602.2) | N/A | Parking spaces: One (1) for each guest room |
| HC CONDITIONAL USES [approved by Codes Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Communications tower, see Division 6, Supplemental Regulations | 48 | Communications | One (1) space |
| b) Temporary use, provided all following conditions are met: (1) Christmas tree sales, on vacant lot for a period not to exceed 45 days; 2) Contractor's office and equipment shed: (i) used in connection with construction on premises; (ii) must not cause traffic congestion or nuisance; (iii) for term up to one (1) year; may be renewed once. | N/A | One (1) for each 300 square feet of office area |
| HC SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Automobile service station, including limited sale of groceries, provided the Board
of Appeals determines: (1) the use is compatible with the district; (2) parking and service areas are separated from adjoining residential property by planting screen, fence or wall at least 6 feet high; (3) no major repairs or vehicle sales conducted on premises; (4) adequate provisions are made for access and traffic safety; (5) conditions are imposed to protect adjacent property from adverse impact; (6) fuel pumps must comply with State regulations. | 5541 | Gasoline service stations | Two (2) for each fuel pump, plus three (3) for each service bay or wash rack |
| b) Crematory: (1) The use is compatible with the district;: (2) Parking and service areas are separated from adjoining residential property by planting, screen, fence or wall at least six feet high;: (3) All required State and Federal licensing must be obtained prior to installation and start-up of the incinerator;: (4) Copies of all licenses and inspections must be recorded by the City of Chester business Licensing Department annually | SIC Code 7261 | Establishments primarily engaged in preparing the dead for burial, conducting funerals, and cremating the dead. | Parking spaces one for each two employees and one for each four seats in the assembly room or chapel. |
(Ord. No. 23, § 2-605.18, 5-12-1997; Ord. No. 2015-16, § 2, 9-28-2015)
Sec. 2-605.19. - HC Highway commercial district regulations.
The following regulations apply to all uses in HC districts:
| Minimum lot area: | Twenty thousand (20,000) square feet |
| Minimum lot width at building line: | One hundred (100) feet |
| Minimum front yard depth: | Thirty-five (35) feet from street right-of-way line |
| Minimum setback from second street frontage: | Side street on corner lot: twelve and one-half (12½) feet; Rear street on double frontage lot: twenty-five (25) feet |
| Minimum side yard: | Principal structure: twenty-five (25) feet from interior side lot line; Accessory structure: five (5) feet from interior side lot line |
| Minimum rear yard: | Principal structure: twenty-five (25) feet from interior rear lot line Accessory structure: five (5) feet from interior rear lot line |
| Maximum structure height: | Forty (40) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished
street level within twenty-five (25) feet of intersection of street right-of-way lines Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Off street parking area and loading area requirements: | See parking, supplemental regulations, Division 6 |
| Screening: | See landscaping, supplemental regulations, Division 6 Planting screen, fence or wall at least six (6) feet high is required along all interior lot lines abutting a residential district |
| Shopping centers: | Two (2) or more stores or business located on the same parcel of land constitute a shopping center. Site plan approval required |
| Signs: | See signs, supplemental regulations, Division 6 |
| Subdivision regulations: | Applicable regulations must be met. Site plan approval is required for shopping centers prior to issuance of zoning and building permits |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.19, 5-12-1997)
Sec. 2-605.20. - LI Limited industrial district uses.
| LI PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Horticultural nursery | 0181 | Ornamental floriculture and nursery products | One (1) per 200 sq. ft. of office area |
| b) Transportation terminal and storage, including miniwarehouses | 40 41 42 | Railroad transportation; passenger transportation; trucking and warehousing. | One (10) per 200 square feet ofgross floor space |
| c) Telephone, telegraph, radio, television services [except communications towers—see conditional uses] | 48 | Communications | One (1) per 300 sq. ft. of floor area |
| d) Public utility including water tower, substation, landfill [except hazardous waste disposal in 4953] | 49 | Electric, gas, water, sewer, refuse [except hazardous] | One (1) per 300 sq. ft. of floor area |
| e) Wholesale trade, durable and nondurable goods | 50, 51 | Wholesale trade | One (1) per 300 sq. ft. of sales area |
| f) Retail trade, involving sale of merchandise on premises [except SIC 5541 automobile service station—see special exceptions | 52 53 54 55 56 57 58 59 | Building material, hardware, garden supply; general merchandise; food stores; automotive dealers; apparel and accessory; home furniture, and equip.; eating and drinking places; miscellaneous retail. | Eating and drinking places: One (1) for each four sets; All other: One (1) per 200 square feet of gross sales area |
| g) Finance, insurance, and real estate | 60, 61 62 63, 64 65, 67 | Bank and credit inst. security dealers etc.; insurance carriers, agents; real estate and investment. | One (1) per 300 square feet of gross floor area |
| h) Services to individuals, business and government establishments | 0742 75 76 79 80 81 82 83 86 87 89 | Pet veterinary services; auto repair, services, wash, rental and parking; miscellaneous repair; amusement and recreation; health services, hospitals; legal services; schools and libraries; social services; membership organizations; engineering, accounting, research and management; services not classified. | Service and repair: One (1) per 250 sq. feet of work area. Hospital: One (1) for each 2 beds. School: One (1) for each classroom and admin. office. All other: One (1) per 300 square feet of gross floor area |
| i) Government building or facility, including postal facility | 43 91, 92, 93, 94, 95, 96 | U.S. Postal Service; general government, justice, public order, safety, finance, etc. | One (1) for each 200 square feet of floor area |
| j) Church, synagogue, temple or place of worship including religious education building, parsonage or parish house, off-street parking for members and visitors without pay, and recreation facilities. | 8661 | Religious organizations, churches, etc. | One (1) or each two (2) employees and one (1) for each four (4) seats in the main assembly room. |
| LI CONDITIONAL USES [approved by Codes Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) One-family dwelling for watchman or caretaker, provided all following conditions
are met: (1) dwelling is located on premises of permitted use; (2) head of household is employed in a permitted use as watchman or caretaker. | N/A | One (1) space | |
| b) Garage for repair and servicing of motor vehicles, provided all following conditions
are met: (1) operations are in fully enclosed building; (2) no open storage of wrecked vehicles or dismantled parts, or parts visible beyond premises. | 753 | Automotive repair shops | Three (3) for each service bay |
| c) Communications tower, see Division 6, Supplemental Regulations. | 48 | Communications | One (1) space |
| d) Temporary use, provided all following conditions are met: (1) Christmas tree sales, on vacant lot for a period not to exceed 45 days. (2) Contractor's office and equipment shed: (i) used in connection with construction on premises; (ii) must not cause traffic congestion or nuisance; (iii) for term up to one (1) year; may be renewed once. (3) Religious meeting, in tent or temporary structure for a period not to exceed 60 days. | N/A | One (1) for each 300 square feet of office area |
| LI SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Automobile service station, including limited sale of groceries, provided the Board
of Appeals determines: (1) the use is compatible with the district; (2) parking and service areas are separated from adjoining residential property by planting screen, fence or wall at least 6 feet high; (3) no major repairs or vehicle sales conducted on premises; (4) adequate provisions are made for access and traffic safety; (5) conditions are imposed to protect adjacent property from adverse impact; (6) fuel pumps must comply with State regulations. | 5541 | Gasoline service stations | Two (2) for each fuel pump, plus three (3) for each service bay or wash rack |
| b) Manufacturing, industry, processing, assembly and storage provided the Board of
Appeals determines: (1) the use is compatible with the district; (2) adequate parking for employees and customers is provided; (3) adequate provisions are made for access and traffic safety; (4) no outside storage of junk or salvage is permitted; (5) no nuisance will be created beyond the premises by noise, vibration, smoke, gas, fumes, odor, dust, etc.; (6) conditions are imposed to protect adjacent property from adverse impact; and (7) applicable environmental regulations are met. | 20-39 | Manufacturing | Set by Board |
| c) Crematory (1) The use is compatible with the district; (2) Parking and service areas are separated from adjoining residential property by planting, screen, fence or wall at least six feet high; (3) All required State and Federal licensing must be obtained prior to installation and start-up of the incinerator; (4) Copies of all licenses and inspections must be recorded by the City of Chester business Licensing Department annually | SIC Code 7261 | Establishments primarily engaged in preparing the dead for burial, conducting funerals, and cremating the dead | Parking spaces one for each two employees and one for each four seats in the assembly room or chapel |
(Ord. No. 23, § 2-605.20, 5-12-1997; Ord. No. 2007-01, 1-22-2007; Ord. No. 2015-16, § 3, 9-28-2015)
Sec. 2-605.21. - LI Limited industrial district regulations.
The following regulations apply to all uses in LI districts:
| Minimum lot area: | One-half (½) acre |
| Minimum lot width at building line: | One hundred (100) feet |
| Minimum front yard depth: | Thirty (30) feet from street right-of-way line, or one-fourth (¼) of lot width, but not less than fifteen (15) feet |
| Minimum setback from second street frontage: | Side street on corner lot: Thirty (30) feet; Rear street on double frontage lot: Thirty (30) feet |
| Minimum side yard: | Thirty (30) feet from interior side lot line in, or one tenth (1/10) of lot width, but not less than ten (10) feet |
| Minimum rear yard: | Thirty (30) feet from interior rear lot line, or one tenth (1/10) of lot depth, but not less than ten (10) feet |
| Maximum structure height: | Sixty (60) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished
street level within fourteen (14) feet of intersection of street right-of-way lines Private drive: no obstruction over height of thirty (30) inches within ten (10) feet of street |
| Off street parking area and loading area requirements: | See parking, supplemental regulations, Division 6 Truck terminal: paved acceleration and deceleration lanes at lest ten (10) feet wide and one hundred (100) feet long are required at entrance and exit of terminal site which must have access to and from a major street |
| Screening: | See landscaping, supplemental regulations, Division 6.Planting screen, fence or wall at least six (6) feet high is required along all lot lines abutting any district and not separated by a street, except BI |
| Signs: | See signs, supplemental regulations, Division 6 |
| Storage: | No open storage of junk or salvage materials is permitted with any use in the district |
| Subdivision regulations: | Applicable regulations must be met |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.21, 5-12-1997)
Sec. 2-605.22. - BI Basic industrial district uses.
| BI PERMITTED USES | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Horticultural nursery | 0181 | Ornamental floriculture and nursery products | One (1) per 200 sq. ft. of office area |
| b) Transportation terminal and storage, including bulk storage of petroleum products | 40 41 42 | Railroad transportation; passenger transportation; trucking and warehousing. | One (1) per 200 square feet of gross floor space |
| c) Telephone, telegraph, radio, television services [except communications towers—see conditional uses] | 48 | Communications | One (1) per 300 sq. ft. of floor area |
| d) Public utility including water tower, substation, landfill [except hazardous waste disposal in 4953] | 49 | Electric, gas, water, sewer, refuse [except hazardous] | One (1) per 300 sq. ft. of floor area |
| e) Finance, insurance, and real estate | 60, 61 62 63, 64 65, 67 | Bank and credit inst. security dealers, etc.; insurance carriers, agents; real estate and investment. | One (1) per 300 square feet of gross floor area |
| f) Services to individuals, business and government establishments | 0742 75 76 79 80 81 82 83 86 87 89 | Pet veterinary services; auto repair, services, wash, rental and parking; miscellaneous repair; amusement and recreation; health services, hospitals; legal services; schools and libraries; social services; membership organizations; engineering, accounting, research and management; services not classified. | Service and repair: One (1) per 250 sq. feet of work area. Hospital: One (1) for each 2 beds. School: One (1) for each classroom and admin. office. All other: One (1) per 300 square feet of gross floor area |
| g) Government building or facility, including postal facility | 43 91, 92, 93, 94, 95, 96 | U.S. Postal Service; general government, justice, public order, safety, finance, etc. | One (1) for each 200 square feet of floor area |
| h) Manufacturing, industry, processing, assembly and storage which does not involve outside storage of junk or salvage, which does not affect adjacent property with noise and fumes, and which meets environmental regulations [see conditional uses] | 20-39 | Manufacturing | One (1) for each 300 square feet of inside work area floor space |
| BI CONDITIONAL USES [approved by Code Administrator if all conditions are met] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) One-family dwelling for watchman or caretaker, provided all following conditions
are met: (1) dwelling is located on premises of permitted use; (2) head of household is employed in a permitted use as watchman or caretaker. | N/A | One (1) space | |
| b) Communications tower, see Division 6, Supplemental Regulations. | 48 | Communications | One (1) space |
| c) Wholesale trade, durable and nondurable goods, provided all followingconditions
are met: (1) business must be incidental to a permitted manufacturing use; (2) business must be located on same premises as the permitted manufacturing use. | 50,51 | Wholesale trade | One (1) per 300 sq. ft. of sales area |
| d) Retail trade, involving sale of merchandise on premises, and manufacturer's outlet
stores, provided all following conditions are met: (1) business must be incidental to a permitted manufacturing use; (2) business must be located on same premises as the permitted manufacturing use. | 52 53 54 56 57 59 | Building material, hardware, garden; general mdse.; food apparel and accessory; furniture and equip.; miscellaneous retail. | One (1) per 200 square feet of gross sales area |
| e) Physical fitness and recreation facility, provided all following conditions are
met: (1) business must be incidental to a permitted manufacturing use; (2) business must be located on same premises as the permitted manufacturing use. | 7991 | Physical fitness facilities | |
| f) Temporary use, provided all following conditions are met: (1) Christmas tree sales, on vacant lot for a period not to exceed 45 days. (2) Contractor's office and equipment shed: (i) used in connection with construction on premises; (ii) must not cause traffic congestion or nuisance; (iii) for term up to one (1) year; may be renewed once. (3) Religious meeting, in tent or temporary structure for a period not to exceed 60 days. | N/A | One (1) for each 300 square feet of office area. |
| BI SPECIAL EXCEPTIONS [approved by Board of Zoning Appeals after hearing] | SIC CODE | SIC DESCRIPTION | PARKING SPACES REQUIRED |
| a) Automobile service station, including limited sale of groceries, provided the Board
of Appeals determines: (1) the use is compatible with the district; (2) parking and service areas are separated from adjoining residential property by planting screen, fence or wall; (3) adequate provisions are made for access and traffic safety; (4) conditions are imposed to protect adjacent property; (5) fuel pumps must comply with State regulations. | 5541 | Gasoline service stations | Two (2) for each fuel pump, plus three (3) for each service bay or wash rack |
| b) Manufacturing, industry, processing, assembly and storage, involving open storage
of junk or salvage, or producing noise, vibration, smoke, gas, odor, dust, fire hazard,
radiation, or other conditions which could adversely affect adjacent property, provided
the Board of Appeals determines: (1) the use is compatible with the district; (2) the use is on a site at least five (5) acres in size; (3) set adequate parking, access and traffic safety conditions; (4) no nuisance or hazard will reach beyond the premises; (5) setbacks and conditions are imposed to protect adjacent property from adverse impact; and (6) applicable environmental regulations are met. | 29-39 | Manufacturing | Set by Board |
| c) Open yard for sale, rental or storage of new, used, junk or salvaged materials
or equipment, provided the Board of Appeals determines: (1) the use is compatible with the district; (2) the use is on a site at least one (1) acre in size; (3) set adequate parking, access and traffic safety conditions; (4) no nuisance or hazard will reach beyond the premises; (5) setbacks, screening and other conditions are imposed to protect adjacent property from adverse impact; and (6) applicable environmental regulations are met. | N/A | Set by Board | |
| d) Crematory (1) The use is compatible with the district; (2) Parking and service areas are separated from adjoining residential property by planting, screen, fence or wall at least six feet high; (3) All required State and Federal licensing must be obtained prior to installation and start-up of the incinerator; (4) Copies of all licenses and inspections must be recorded by the City of Chester business Licensing Department annually | SIC Code 7261 | Establishments primarily engaged in preparing the dead for burial, conducting funerals, and cremating the dead | Parking spaces one for each two employees and one for each four seats in the assembly room or chapel |
(Ord. No. 23, § 2-605.22, 5-12-1997; Ord. No. 2007-01, 1-22-2007; Ord. No. 2015-16, § 4, 9-28-2015)
Sec. 2-605.23. - BI Basic industrial district regulations.
The following regulations apply to all uses in BI districts:
| Minimum lot area: | One-half (½) acre |
| Minimum lot width at building line: | One hundred (100) feet |
| Minimum front yard depth: | Fifty (50) feet from street right-of-way line |
| Minimum setback from second street frontage: | Side street on corner lot: Thirty (30) feet; Rear street on double frontage lot: fifty (50) feet |
| Minimum side yard: | Fifty (50) feet from interior side lot line;One hundred (100) feet from another zoning district |
| Minimum rear yard: | Fifty (50) feet from rear lot line; One hundred (100) feet from another zoning district |
| Maximum structure height: | Sixty (60) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Visibility requirements: | Corner lot: no obstruction between heights of three (3) and ten (10) feet above finished
street level within twenty-five (25) feet of intersection of street right-of-way lines Private drive: no obstruction over height of thirty (30) inches within fifteen (15) feet of street |
| Off street parking area and loading area requirements: | See parking, supplemental regulations, Division 6 Truck terminal: paved acceleration and deceleration lanes at lest ten (10) feet wide and one hundred (100) feet long are required at entrance and exit of terminal site which must have access to and from a major street |
| Screening: | See landscaping, supplemental regulations, Division 6. Planting screen, fence or wall at least six (6) feet high is required along all interior lot lines abutting another district not separated by a street |
| Signs: | See signs, supplemental regulations, Division 6 |
| Subdivision regulations: | Applicable regulations must be met |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.23, 5-12-1997)
Sec. 2-605.24. - PD Planned development district uses.
Permitted principal uses and structures for Planned Development districts vary with increasing size and are different for PD-R (planned development - residential) and PD-C (planned development - commercial) districts. Where uses for more than one district are permitted, the uses of the less restrictive district shall be permitted.
| PD PLANNED DEVELOPMENT PERMITTED USES | ||
|---|---|---|
| SITE SIZE | PD-R (Residential) | PD-C (Commercial) |
| 4 to 8 acres | all R-6, GR, MF, NC, NCH uses | all NC, NCH, CC uses |
| 8 or more acres | all R-6, GR, MF, NC, NCH, CC uses | all NC, NCH, CC, HC uses |
| PD CONDITIONAL USES | All applicable conditional uses may be permitted outright or with conditions as set by the approved plan. | |
| PD SPECIAL EXCEPTIONS | All applicable special exceptions may be permitted in the approved plan without special exception action by the Zoning Board of Appeals. | |
(Ord. No. 23, § 2-605.24, 5-12-1997)
Sec. 2-605.25. - PD Planned development district regulations.
The following regulations shall apply to all uses in PD districts, other provisions in this ordinance to the contrary notwithstanding:
| Minimum site area: | 4 acres |
| Minimum lot area for structure: | None |
| Maximum percentage of gross floor area and maximum percentage of site area for commercial uses: | 4 to 15 acres - 20% These percentages apply to commercial business 15 to 25 acres - 30% uses, not including schools, parks, community over 25 acres - 40% buildings or public facilities |
| Minimum lot width, yards, setbacks: | Set in approved plan |
| Maximum structure height: | Sixty (60) feet when permitted by fire regulations [not applicable to church spires, belfries, cupolas, domes, utility and communication towers, chimneys, flag poles, antennae] |
| Off street parking and loading requirements: | Parking spaces as required by least restrictive district regulations for a permitted use. See parking, supplemental regulations, Division 6 |
| Screening: | See landscaping, supplemental regulations, Division 6 |
| Signs: | See signs, supplemental regulations, Division 6 |
| Subdivision regulations: | Applicable regulations must be met |
| Supplemental regulations: | See Division 6 |
(Ord. No. 23, § 2-605.25, 5-12-1997)
Sec. 2-605.26. - PD Planned development district application and review procedures.
The following procedures shall apply to establishment of a PD-R or PD-C district, other provisions in this ordinance to the contrary notwithstanding:
| a) Zoning amendment required: | PD-R or PD-C districts are established by amendment to the zoning ordinance in the manner prescribed for rezoning. |
| b) District regulations: | The applicable regulations in § 2-605.26, Division 6, and those in the approved plan and descriptive statement shall constitute the PD district regulations for the site. |
| c) Preapplication conference optional: | An applicant for PD zoning is encouraged, but not required, to contact the Planning Commission prior to submission of the application for information and review of the regulations and procedures applicable to the proposed plan and descriptive statement. |
| d) Amendment application required: | Initiation of a PD amendment shall be by submission of an application form provided by the Codes Administrator with required attachments. |
| e) Development plans required: | A site development plan is a required attachment to application for PD amendment. The site development plan shall indicate the proposed uses of all land areas and such other information as the Codes Administrator deems reasonably necessary for review. |
| f) Descriptive statement required: | A descriptive statement is a required attachment to the application for PD amendment.
The descriptive statement shall indicate the characteristics and standards to be used
for development of the site, and shall include at least the following items: 1) legal description of site boundaries, and total area of site; 2) area and location of each type of use in compliance with district regulations; 3) number and density of dwelling units by type; 4) number and location of off street parking and loading spaces meeting regulations; 5) economic feasibility and justification for commercial uses; 6) description of open space locations, uses and proposed dedication for public use; 7) ownership and maintenance of streets, and proposed dedication to public; 8) methods for dealing with the impact of projected traffic on the uses on the site and adjacent districts and streets; 9) steps proposed to comply with sediment control and storm drainage regulations; 10) steps proposed to comply with landsdcaping regulations; 11) details of association or organization involved in ownership and maintenance, including procedures and methods of operation; 12) outline and justification for development phasing with time frames; 13) design standards, procedures and methods demonstrating that development will result in an integrated use district, functional and compatible with the area; 14) proposed restrictive covenants to be recorded to assure future compliance with the standards in the plan; 15) proposed surety bonds guaranteeing compliance with the plan and completion of development in accordance with the proposed schedule; 16) such other information as may be appropriate for Planning Commission review. |
| g) Planning Commission review: | Upon determination that the application meets above requirements, the Codes Administrator shall forward the application to the Planning Commission for review and recommendation to City Council as required for zoning amendments. |
| h) City Council action: | Upon receipt of the Planning Commission recommendation, City Council shall conduct a public hearing as required for zoning amendments, and may approve, approve with modifications accepted by applicant, or disapprove the proposed amendment. |
| i) Zoning and building permits: | Zoning and building permits shall not be issued until the zoning is approved by the City Council, and approved plats, the approved descriptive statement and all required restrictive covenants naming the City as a party for enforcement or release are filed for record with the Municipal Clerk and the Register of Mesne Conveyances for Chester County, and all required bonds are posted with the Municipal Clerk. |
| j) District map: | The site development plan approved City Council shall be the zoning district map for the PD and shall be the basis for issuance of zoning and building permits. |
| k) Changes to plan: | 1) Minor changes. Changes proposed in writing by the applicant which do not alter
district boundaries and which involve revision of minor characteristics of the PD
such as relocation of driveways, revision of floor plans, facades, landscaping, relocation
of required parking, drainage structures, and features which do not materially affect
the approved plan concept or violate any applicable regulations may be approved by
the Codes Administrator. Approval or rejection of the change is subject to review
and final determination by the Planning Commission if the applicant or any party whose
property is adversely affected files a written objection with the Planning Commission
within ten (10) days after action by the Codes Administrator. Applicant may submit
a rejected change as an amendment to the plan under the normal zoning amendment procedures. 2) Major changes. Changes proposed in writing by the applicant which alter district boundaries or which material affect the characteristics of the PD shall be submitted under normal amendment procedures applicable to establishment of the PD. 3) Permits. No zoning or building permits involving a minor or major change of the PD descriptive statement or map shall be issued until the written change is filed with the Municipal Clerk and recorded in the RMC office for Chester County. |
| l) Failure to begin; failure to process; failure to complete: | If the responsible party fails to begin, fails to progress, or fails to complete development as agreed in the descriptive statement, City Council may enforce and collect on bonds, may charge the developer with violation of the zoning ordinance, may rezone the property, or may take any combination of these actions. In any event, if the planned development is not initiated within two years of its establishment, the Planning Commission shall initiate the rezoning of the property to an appropriate district classification in conformity with the comprehensive plan. |
(Ord. No. 23, § 2-605.26, 5-12-1997)
Sec. 2-605.27. - Historic district and structure plan review regulations.
The following regulations apply to all uses in historic districts designated -H Historic Overlay or NCH Neighborhood Commercial Historic, and to historic structures more than 85 years old in any district.
| District regulations applicable: | In -H Historic Overlay districts, regulations of the basic district are applicable and must be met prior to plan review by the Historic Preservation Commission. |
| Structures regulated: | Any structure in a historic district, any structure more than 85 years old in any district, and any structure designated as a historic structure in Division 7 of this ordinance which is proposed to be constructed, altered, relocated, demolished, partially demolished, or proposed to have the exterior architecturally character altered. |
| Structures and repairs exempted: | The Codes Administrator, subject to appeal under § 2-607.2, may issue a demolition permit for a structure: (1) determined after visual inspection
to be more than 50% physically destroyed by fire, explosion, force of nature, decay
or deterioration, or (2) a structure which is declared by the Codes Administrator
to be an imminent threat to public safety under standard codes; or (3) a dwelling
for which the owner files an affidavit certifying financial inability to make required
repairs. All other applications for demolition are subject to § 2-607.4. Repairs which do not alter exterior appearance may be permitted by the Codes Administrator to bring a structure into compliance with standard codes. |
(Ord. No. 23, § 2-605.27, 5-12-1997)
Sec. 2-605.28. - Historic district and structure plan review application requirements.
Applications for review of plans to construct, alter, relocate, demolish, or partially demolish any structure in -H and NCH districts or a structure in any district designated as a historic structure in Division 7 of this ordinance must be filed by the owner with the Codes Administrator for consideration by the Historic Preservation Commission meeting the following requirements.
| a) Drawings: | Drawings must be filed in duplicate showing the plans for the work to be done, exterior elevations showing details of architectural design, proposed materials, textures and colors, samples of materials or color samples, plot plan of site or site layout, improvements affecting appearance such as walls, windows, doors, porches, roofs, foundations, walks, terraces, accessory buildings, signs, lights and other elements. |
| b) Photographs: | An application shall contain photographs which clearly show all sides of the structure, the relation of the structure to contiguous properties, and the streetscape in the vicinity of the structure. |
| c) Times for action: | The Codes Administrator shall transmit an application and required documents to the Historic Preservation Commission within five days after filing. The Commission shall review the plans within thirty (30) days after receipt, and shall make a decision within forty-five (45) days after its review. See Division 7. |
(Ord. No. 23, § 2-605.28, 5-12-1997)