Kent City Zoning Code
ARTICLE VIII
Industrial-Office-Commercial District
§ 77-24 Purpose and permitted uses.
This district is designed to provide areas for medium- to large-scale commercial establishments that are capable of functioning independently of intensive pedestrian traffic and proximity to other firms. These uses typically require direct vehicular access to and visibility from a major arterial highway and collector road. In an IOC District, no building or premises shall be used and no building shall hereinafter be erected, altered or added to unless otherwise provided in this chapter, except for one or more of the following uses:
A.
Principal permitted uses. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.
(1)
(*) Animal hospital, clinic, veterinary office, no kennel or boarding facilities, no crematorium.
(2)
(*) Art gallery, community center.
(3)
(*) Bakery, retail, wholesale, no drive-in or drive-through.
(4)
(*) Bank or financial services.
(5)
(*) Bowling alleys.
(6)
(*) Club, health and fitness.
(7)
(*) Commercial recreation facility.
(8)
(*) Conference facility.
(9)
(*) Country clubs.
(10)
(*) Delicatessen, no drive-in or drive-through.
(11)
(*) Eleemosynary institutions (other than correctional institutions, drug rehabilitation centers or institutions for the insane, but excluding administrative headquarters or branch office buildings thereof), subject to the following requirements:
(12)
(*) Fraternal clubs, membership clubs, recreational clubs.
(13)
(*) Funeral homes; no crematorium.
(14)
(*) Golf courses.
(15)
(*) Hospitals authorized by the Department of Health of the State of New York, excluding hospitals with facilities for correctional purposes, subject to the following requirements:
(16)
(*) Hotel, motel, inns.
(18)
(*) Laundry, laundromat, dry cleaner.
(19)
(*) Indoor theater.
(20)
(*) Industrial and manufacturing uses.
(21)
(*) Industrial park.
(22)
(*) Motor vehicles sales, rental and service, with or without accessory repair facilities, subject to the following requirements:
(a)
Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and shall be so laid out as to avoid the necessity of any vehicle backing out into any public right-of-way.
(b)
Vehicle lifts or pits, dismantled vehicles and all parts and supplies shall be located within a building enclosed on all sides.
(c)
All services or repair of motor vehicles shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
(d)
Gasoline or flammable oils in bulk shall be stored fully underground, not nearer than three feet to any street line or 10 feet to any other lot line.
(e)
No commercial sale of gasoline shall be permitted, nor shall any pump be located in a front or side yard.
(f)
No inoperative or partially dismantled automobile shall be stored on the premises for more than 90 days. All such vehicles shall be screened from view.
(23)
(*) Museums.
(24)
(*) Nurseries, greenhouses and vegetable stands.
(25)
(*) Nursery schools, family day-care home, or day-care centers subject to § 77-34.5 of this chapter.
(26)
(*) Office for business, professional and medical use.
(27)
(*) Office park.
(28)
(*) Outdoor recreation, including miniature golf courses, archery ranges, driving ranges and skating rinks.
(29)
(*) Personal service business, no drive-through.
(30)
(*) Places of religious worship.
(31)
(*) Public utility structures.
(32)
(*) Restaurant, no drive-through.
(33)
(*) Retail business, no drive-through.
(34)
(*) Service business, no drive-through.
(35)
(*) Shopping center.
(36)
(*) Supermarket, grocery store.
(37)
(*) Swimming pool and pool accessory sales.
(38)
(*) Veterinary office, clinic, no crematorium.
(39)
(*) Warehouse, storage and distribution facility.
(40)
(*) Wholesale, indoor storage and warehousing establishments, but excluding trucking terminals and the storage of coal, coke and fuel oil.
B.
Permitted accessory uses. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.
(1)
(*) Off-street parking and loading in accordance with the provisions of Article XI of this chapter.
(4)
Satellite antennas which receive and/or transmit, are less than two meters in maximum diameter, and which do not produce or contribute to the production of emission levels exceeding the emission standards adopted, from time to time, by the FCC, based on the maximum equipment output.
(5)
(*) Other customary accessory uses.
C.
Special uses permitted subject to the approval by the Planning Board in accordance with the provisions of § 77-59 of this chapter. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.
(1)
(*) Adaptive reuse of existing residential structure for nonresidential office use.
(3)
(*) Communication facilities subject to the following requirements:
(a)
The communication facility may be located on a lot occupied by a principal use provided that the lot area is no less than the minimum lot area set forth below.
(b)
The maximum height of any communication tower shall not exceed 150 feet.
(c)
For the purposes of calculating maximum lot coverage, coverage by a communication tower shall include the outer rectangular area drawn about the perimeter of the tower's base and any anchoring (such as guy wires), and any support foundation for the tower and ground-mounted equipment.
(d)
For a communication tower with a height of 80 feet or less, no part thereof shall be located within a distance equal to the height of the communication tower, plus the minimum yard area requirements set forth below, of any street or lot line.
(e)
For a communication tower with a height in excess of 80 feet, no part thereof shall be located with a distance equal to twice the height of the communication tower of any street or lot line.
(4)
(*) Contractor business office with or without accessory contractor yard.
(5)
(*) Motor vehicle repair shop, motor vehicle service station, with or without convenience store, with or without car wash and commercial garage subject to the following requirements:
(a)
Exterior storage or display of materials and materials offered for sale is prohibited.
(b)
No building permit shall be issued for any such establishment within a distance of 500 feet of any school, public or private, religious institution, hospital, library, park, nursing home, extended-care facility, alternate care housing, or any similar institution or other place of public assembly designed for occupancy by more than 50 persons, said distance to be measured in a straight line along or across a street between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(c)
Entrance and exit driveways shall have an unrestricted width of not less than 12 feet nor more than 20 feet, shall be located not nearer than 10 feet to any lot line and shall be so laid out as to avoid the necessity of any vehicle backing into any public right-of-way.
(d)
Vehicle lifts or pits, dismantled automobiles, all parts or supplies, goods, equipment, materials, refuse, garbage or debris shall be located within a building enclosed on all sides.
(e)
No inoperative or partially dismantled automobile shall be stored on the premises for more than 90 days. All such vehicles shall be screened from view.
(f)
All service or repair of motor vehicles shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
(g)
Gasoline or oils in bulk, including waste oil, shall be stored fully underground not nearer than three feet to any street line or 10 feet to any other lot line, and the top of the tank shall be not less than two feet below the surface of the ground.
(h)
Gasoline pumps, lubrication equipment and other devices shall be located not nearer than 20 feet from any street or other lot line.
(i)
Signage shall conform to the provisions of § 77-37. In addition, the following signs shall also be permitted:
[1]
Signs advertising for each grade of gasoline, the sales price and taxes with an area not exceeding 12 inches wide by 12 inches in height posted so as to be clearly visible to motor vehicle drivers shall be permitted on each pump.
[2]
Each pump may also be marked with the brand name and quality of gasoline, with such sign not exceeding 24 inches square. In the case of self-service gasoline pumps, not more than one sign with an area of not more than 10 square feet shall be permitted on each side of each pump island for instructional purposes and identification of self-service.
(j)
If a car wash is involved, the following restrictions shall apply:
[1]
Lot size shall be a minimum of two acres, and such lot shall have street frontage of at least 200 feet.
[2]
All washing and machine-drying operations shall be conducted within a structure.
[3]
No washing, vacuuming, steam-cleaning, waxing, polishing nor machine-drying operation, nor building within which such operations are conducted, shall be permitted within 100 feet of a residential building located in a residence district.
[4]
All entrance and exit lanes and parking areas shall be surfaced with an asphaltic or portland cement pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all drainage water therein in a manner that does not adversely impact adjacent properties, uses and abutting roadways.
[5]
Exit drives for new facilities shall be designed to avoid the accumulation of water on the surface normally traversed by exiting vehicles. The exit drive shall have a minimum length of 150 feet located past the wash facility structure and incorporate speed bumps designed to shake the vehicle sufficiently to remove as much wash water as possible prior to the vehicle's exiting the site.
(6)
(*) Personal service business, with drive-through.
(7)
(*) Restaurant, with drive-through.
(8)
(*) Retail business, with drive-through.
(9)
(*) Service business with drive-through.
(10)
(*) Truck terminal.
§ 77-25 Lot and bulk requirements.
A.
The minimum lot area shall not be less than 60,000 square feet.
B.
The minimum lot width, measured at the street line, shall not be less than 200 feet.
C.
The minimum highway frontage shall not be less than 200 feet as measured along a single unbroken linear length at the street line.
D.
The maximum building coverage shall not exceed 50% of the total lot area.
E.
The maximum impervious surface coverage shall not exceed 75% of the total lot area.
G.
Minimum distance from accessory building or uses, including off-street parking and loading, to any property line shall not be less than 25 feet.
H.
Maximum building height is three stories or 40 feet.
§ 77-26 Design standards.
A.
Design standards. The following standards shall be applied during the site plan and subdivision review of any development project in the IOC District. The Planning Board may use its discretion to waive or modify these standards.
(1)
If the property proposed for development adjoins property located in a residential district, all site improvements shall be set back an additional 15 feet from the minimum yard setback. The additional setback is intended to provide a visual and noise buffer between residential and nonresidential uses. The additional setback, as well as the minimum yard setback area, shall, as determined by the Planning Board, be planted with a mixture of evergreen and deciduous plantings and/or fencing, at a height so as to provide as much as practicable a visual screen of the nonresidential improvements from residential uses. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(2)
On a lot no single retail use shall occupy ground floor space in excess of 25,000 square feet.
(3)
Utilities shall be placed underground unless infeasible.
(4)
All exterior trash storage containers shall be screened so that they are not visible from off the property. Each trash enclosure shall be constructed of masonry walls with a steel gate painted to be compatible with the color of the masonry walls and building it is to serve.
(5)
Sidewalks shall be provided along any public street. The sidewalks shall be separated from the street by a tree lawn at least four feet wide.
(6)
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(7)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged and may be required by the Planning Board.
(8)
Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(9)
Additions to existing buildings shall use materials and details complementary to those incorporated in the parent structure.
(10)
The construction of any blank, windowless facade facing a street is prohibited.
(11)
The utilization of ribbon or continuous strip glazing in any building facade shall be avoided.
(12)
Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(13)
All roof-mounted equipment shall be screened, to the extent practicable, from view utilizing screens of a height equal to the height of the equipment.
(14)
Any large building facade and the sides visible from a street shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(15)
Major modifications to the existing landscape such as extensive grading, clear-cutting of trees, or other similar activities shall be avoided to the extent possible.
(16)
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(17)
The use of a "boulevard" entrance for streets and driveways is encouraged. Such boulevard entrance shall be improved with landscaping, fencing, stone walls or other suitable aesthetic improvements as approved by the Planning Board. Lots in excess of two acres should provide a secondary access for emergency purposes.
(18)
The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks.
(19)
New buildings in proximity to historic structures and historic districts shall be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape.
(20)
The total number of required parking spaces shall be broken up into smaller "blocks" of parking, with no more than 15 parking spaces per parking block. Parking blocks shall be separated from each other by a landscaped island no less than five feet wide.
(21)
Service alleys for deliveries and utility access shall be established along rear property lines.
(22)
Where permitted, drive-through facilities shall be located at the rear of principal structures and landscaping shall be used to reduce the visibility of such facilities.
(23)
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(24)
Cross-easements shall be used to provide shared access to parking whenever possible.
(25)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from public walkways and streets utilizing landscaping and/or fencing as determined by the Planning Board.