A principal building or a principal use permitted in an R-1 or R-2 Residential District. (A building or use permitted in an R-1 or R-2 Residential District by special exception is permitted as of right in a C Commercial District, and no special exception permission by the Zoning Hearing Board is necessary or required.)

A hospital, convalescent home or nursing home, or nonprofit or municipal or public institution, with no qualifying limitations on the use other than as set forth in this Article VI or in Article IX.

A day nursery, day-care center, or a school of any type (other than a public school, for which provision has been made), if 40 or more children or students are regularly on the premises at any one time and if the children or students are regularly on the premises for four or more hours per day during the customary daytime business hours prevailing in the zoning district. [Some of the types of schools contemplated by this Subsection A(3) are a business school, private trade school, beauty school, music school, or dancing school.]

Fraternal club or private lodge if 50 or more members or guests are regularly on the premises at any one time and if the premises are regularly open to members or guests during the customary daytime business hours prevailing in the zoning district. [A fraternal club or private lodge which has boarding units or rooming units shall be deemed to be a fraternal home under Subsection A(5) below.]

Fraternal home.

Hotel; tourist home.

Tourist cabin court or motel.

Trailer court or mobile home park.

Trailer camp.

Automotive service establishment for one or more of the following uses: public garage, private parking lot, public parking lot, service station, repair garage, car wash, automobile sales room, automobile sales lot, or the like.

Protective service building for one or more of the following uses: fire house, police station, ambulance station, or the like.

Cat or dog boarding kennel or small animal hospital, subject to the condition that any resulting noise or odors are to be effectively confined to the premises.

Service echelon establishment.

Funeral home.

Retail business store or shop for the sale of food or beverages of all kinds; dry goods and apparel of all kinds; furniture and household fixtures, goods and appliances of all kinds; automotive accessories; hardware, paint, wallpaper and other like materials and objects for decorating, maintenance or repair; books, magazines, newspapers, cigars, cosmetics, drugs, flowers, gifts, jewelry, music or stationery; photographic goods; sporting goods; and articles or products substantially similar to the foregoing.

Retail specialty food store or shop where goods are prepared in the store or shop and sold at retail from the store or shop, as for example: a bake shop or pastry shop; confectionery shop or candy shop; delicatessen.

Eating place or tavern of any type, such as: cafeteria; dining room; restaurant; tea room; cocktail lounge; and including an eating place or tavern providing dancing or entertainment.

Personal service shop, such as a barber or beauty shop; tailor or dressmaking shop; laundry agency or dry-cleaning agency; laundromat; cleaning or pressing shop, or hand laundry, in which only nonexplosive and nonflammable solvents are used; photographer's studio; cobbler shop; household appliance repair shop; radio or television repair shop; small animal pet shop, provided that noise and odors are effectively confined to the pet shop.

Such craft or trade establishments as a carpentry shop, cabinetmaking shop, upholstery shop; a machine shop, metalworking shop, tin-working shop; a printer's shop, electrician's shop, plumber's shop, provided that not more than three individuals are engaged at any one time on the premises of the establishment in the work of the craft or trade of the establishment; work is done at the establishment only during the customary daytime business hours prevailing in the zoning district; and any resulting dust, fumes, odors, noise, smoke, vapor or vibration is effectively confined to the craft or trade establishment.

Business office or administration office, such as the offices of a bank or other financial institution; office of a real estate agent or insurance agent; the business offices of a public utility company; the business offices of a manufacturer; the administration offices of a wholesaler, jobber or distributor.

Professional office or professional studio, without the qualifying limitations on the use prescribed by the definitions of those terms.

Passenger transportation service, such as a railroad passenger station, bus passenger station, taxicab waiting room or dispatch center.

Radio or television station.

Indoor amusement place, such as a bowling alley; dance hall; pool hall; theater; skating rink and the like, provided that any resulting noise is effectively confined to the amusement place.

Retail or wholesale greenhouse or nursery.

Day nursery, day-care center, or school of any type (other than a public school, for which provision has been made), if less than 40 children or students are regularly on the premises at any one time, or if the children or students (whatever their number) are regularly on the premises for less than four hours per day during the customary daytime business hours prevailing in the zoning district. [Some of the types of schools which might qualify under this Subsection B(13) are: a private half-day kindergarten, typing school, baton-twirling school.]

Public parking lot; private parking lot.

Chapel for worship, library reading room, fraternal club, private club, private lodge if less than 50 members, guests or users are regularly on the premises at any one time, or if the premises are not regularly open to members, guests or users during the customary daytime business hours prevailing in the zoning district.

Any other business, service or use which is substantially similar to a business, service or use described in this Subsection B as to type of services provided or goods sold; business hours or hours when open for use; the number of persons attracted to the premises or regularly using the premises, and the duration of their stay upon the premises.

A lot may be used for one mixed occupancy dwelling, provided that:

If a lot is used for a mixed occupancy dwelling, the mixed occupancy dwelling as such shall be the only principal building permitted on the lot.

Exception. Provided that any applicable regulations in § 240-33 are met, and an exception to the on-lot parking spaces requirement is granted by the Department under § 240-34B, the building area on a lot used for a principal building set forth below may exceed 70% of the lot area:

The principal buildings which may take advantage of this exception are a church, library, museum, school, nonprofit or municipal or public institution for other than correctional or rehabilitative purposes or diagnostic or treatment purposes, fraternal club, private lodge, or a building for a protective service under § 240-29A(11).

A community garage, tourist cabin court or motel, trailer camp, trailer court or mobile home park, public garage, service station, repair garage, car wash, or automobile sales room shall have a front yard, the depth of which to the building line shall be not less than 25 feet. However, in the case of a community garage on a reverse lot, the yard abutting the alley shall be deemed to be the front yard, and the depth of that front yard to the building line may be reduced to five feet.

Except as provided in § 240-33A(1), no front yard shall be required in the case of any other principal building or principal use.

If the building height of a principal building is over 35 feet, the building shall have two side yards (one at on each side of the building, but not necessarily at building grade or ground level). Each side yard shall be measured from the side line of the lot to the side line of the building at the floor level of the first story above 35 feet, and each such side yard shall be not less than six feet wide. However, in the case of a building on a corner lot at the intersection of two streets, the intersection of a street and a public alley, or the intersection of a street and a public mall, no side yard on the street, alley or mall side shall be required.

Except as provided in § 240-33B(1) and D, no side yards shall be required in any other case.

If the building height of a principal building is over 35 feet, the building shall have a rear yard (but not necessarily at building grade or ground level). The rear yard shall be measured from the rear line of the lot to the rear line of the building at the floor level of the first story above 35 feet, and such rear yard shall be not less than five feet deep.

Except as provided in § 240-33C(1) and D, no rear yard shall be required in any other case.

For a principal building or a principal use permitted in an R-1 or R-2 Residential District, off-street parking spaces shall be provided as required by § 240-20A or 240-27A, as the case may be.

For a hospital, convalescent or nursing home, or institution referred to in § 240-29A(2), off-street parking spaces shall be provided as required by § 240-20A(5), 240-27A(4) or (7), as the case may be.

For a day nursery, day-care center, or school referred to in § 240-29A(3), off-street parking spaces shall be provided as required by § 240-27A(6).

For a fraternal club or private lodge referred to in § 240-29A(4), off-street parking spaces shall be provided at the rate of one parking space for each 300 square feet of floor space used for dining rooms, game rooms, lounges, meeting rooms and assembly rooms.

For a fraternal home, off-street parking spaces shall be provided at the rate of one parking space for each of the first four boarding or rooming units; one parking space for each three boarding units or rooming units in excess of four; three parking spaces for the manager or administrator; and one parking space for each two employees on the largest work shift.

For a hotel or tourist home, off-street parking spaces shall be provided at the rate of one parking space for each boarding or rooming unit; one parking space for each two employees on the largest work shift; and one parking space for each 300 square feet of floor space used for dining rooms, taverns, meeting rooms and assembly rooms.

For a tourist cabin court or motel, off-street parking spaces shall be provided at the rate set forth in Subsection A(6) above.

For a trailer court or mobile home park, one off-street parking space shall be provided for each house trailer or mobile home lot.

For a trailer camp, one off-street parking space shall be provided for each campsite.

For an automotive service establishment housing a public garage, service station, repair garage, car wash, automobile sales room or the like, off-street parking spaces shall be provided at the rate of one parking space for each two employees; one parking space for each passenger or commercial motor vehicle used in connection with the business (such as tow trucks, wreckers, demonstrator models); one parking space for each vehicle kept in storage or for lease or sale; and one parking space for each repair bay (in addition to the bay itself).

For a protective service building, off-street parking spaces shall be provided at the rate of one parking space for each employee on the largest work shift; one parking space for each passenger or commercial motor vehicle regularly kept on the premises in connection with the protective service; and one parking space for every four volunteers.

For a cat or dog boarding kennel or small animal hospital, off-street parking spaces shall be provided at the rate of one parking space for each veterinarian and one parking space for each two employees on the largest work shift.

For a service echelon establishment, off-street parking spaces shall be provided at the rate of one parking space for each two employees on the largest work shift and two parking spaces for each passenger or commercial motor vehicle used in connection with the business.

For a mixed occupancy dwelling, the off-street parking spaces required shall be the number of spaces required for that type of use (having dwelling, boarding or rooming units) which the upper stories of the mixed occupancy dwelling most nearly resemble.

If in the opinion of the Department the physical circumstances or condition of the lot (such as the topography, slope or drainage of the lot or the irregularity, narrowness or shallowness of the lot in size or shape) preclude the safe design, construction or maintenance of off-street parking spaces, maneuvering areas or means of access, or make the same impractical; or

If in the opinion of the Department the requirement that all of the off-street parking spaces to be provided on the lot would require that the maximum building area permitted by § 240-32A or B be decreased (or would require that the increase in the maximum building area otherwise permitted by the exception to § 240-32A be denied) in order to accommodate the parking spaces, and provided that the Department is satisfied that such yard regulations in § 240-33 as are applicable will be met, the open space fire aisle requirement in § 240-51 will be met, and in a case within the exception to § 240-32A, all conditions for the exception will be met, the requirement that all of the off-street parking spaces are to be provided on the same lot with the principal building or principal use may be modified or waived by the Department to the extent that it can be shown (upon such evidence as the Department deems sufficient) that off-street parking spaces can be provided: