Josephine City Zoning Code
§ 24
SPECIAL USES.
24.1
Child Care Centers.
24.1.1
No portion of a childcare center site may be located within three hundred feet (300') of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.
24.1.2
Childcare centers shall be located adjacent to a street having a pavement width of twenty-seven feet or greater.
24.1.3
Site plan approval by the Planning and Zoning Commission shall be required for all childcare center sites, whether or not a Specific Use Permit is required.
24.1.4
Childcare centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.
24.1.5
All childcare centers shall comply with the following standards:
24.1.5.1
All vehicular entrances and exits shall be clearly visible from the street.
24.1.5.2
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.
24.1.5.3
Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the Planning and Zoning Commission if the child care is provided for less than four (4) hours per day for an individual person.
24.1.5.4
In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within one hundred (100) feet of the childcare facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.
24.1.5.5
No childcare center shall be part of a one-family or two-family dwelling.
24.2
Construction Yards, Field Offices, and Other Temporary Buildings.
Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted by the City Council. Upon due notice and hearing before the City Council, any such permit may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this ordinance or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
24.3
Radio, Television, and Microwave Towers.
24.3.1
No radio, television, or microwave tower shall be located within a distance equal to at least the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Comprehensive Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.
24.3.2
No commercial, radio, television, or microwave reflector antenna support structure shall be closed [closer] to any residential district boundary line or any area shown as residential on the current Comprehensive Plan than a distance equal to the sum of the required yard specified for the zoning district in which such building or structure is located, plus 25 feet, plus twice the height of the portion of the structure above two (2) stories. Such distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of such area or residence.
24.3.3
The location of radio, television, or microwave reflectors, antennas, or support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.
24.3.4
All commercial communication operations or radio, television, or microwave reflectors, antennas, or structures shall be prohibited in residential districts.
24.3.5
All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.
24.4
Residence Hotels.
Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 15. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
24.5
(Reserved).
24.6
Multifamily Residence:
24.6.1
Courts:
Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet.
24.6.2
Usable Open Space:
Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in Section 34.2.101), in accordance with the table below:
Number of Bedrooms or Sleeping Rooms | Usable Open Space Requirement |
|---|---|
1 or Less | 600 Sq. Ft. |
Each Additional Bedroom Over 1 | 300 Sq. Ft. |
In those instances where a parcel of land has been zoned for multifamily use with a Specific Use Permit or Planned Development classification and the permitted densities do not conform exactly with those permitted in the MF District, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the SUP or PD.
In meeting this requirement, a credit of three (3) square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten (10) feet of a pool; developed and equipped children’s play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the Planning and Zoning Commission and/or City Council may allow a credit not to exceed ten percent (10%) of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed fifty percent (50%) of the total usable open space for an individual lot or parcel of land.
At the time of site plan approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmental[ly] significant and that their preservation would enhance the development.
24.7
Service Stations.
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten (10) feet to the property line.
24.8
Swimming Pools.
It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
24.8.1
No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State health department’s regulations.
24.8.2
A swimming pool erected below ground or above ground with a depth of two (2) feet or greater may be constructed and operated when:
24.8.2.1
The pool is not located in any required front or side yard abutting a street;
24.8.2.2
A wall or fence, not less than six (6) feet in height, with self-enclosing and self-latching gates that are lockable at all entrances, completely encloses either the pool area or the surrounding yard area;
24.8.2.3
All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible for [from] adjacent properties;
24.8.2.4
No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and
24.8.2.5
The swimming pool is no closer than eight (8) feet from any property line.
(Ordinance 2020-07-13 adopted 7/13/20)