Lincoln Park City Zoning Code
ARTICLE XV
Business Zones
§ 28-15.1 B-1 Business Zone.
Within the B-1 Zone, no premises, lot, building or structure shall be used and no building or structure shall be erected or altered to be used in whole or in part for any other than the following specified purposes.
A.
Permitted uses.
(1)
Single-family dwellings, extended family dwellings and two-family dwellings subject to the requirements for these uses in the R-15 Zone.
(2)
Stores, shops, and markets where goods are sold at retail or manufactured or personal services are rendered, provided that:
(a)
The manufacturing performed on the premises shall be incidental to the retail business conducted on the premises.
(b)
Engaging in any such manufacturing does not constitute a fire hazard and no sewage or other disposal problems exist or will be created, which must be certified to by the Borough Health Officer.
(3)
Business and professional offices, banks and fiduciary institutions.
(4)
Public parking lot for private passenger vehicles only, but not for the storage of used or new motor vehicles for sale or hire.
(5)
A dwelling above a permitted use if separated therefrom by unpierced fire-retarding walls and ceilings and provided with a separate entrance on the front facade of the building; provided, however, that in no case shall such dwelling occupy more than one story above the permitted use.
(6)
Restaurant, tavern, grill and other eating establishment but not including transient or mobile structures.
(7)
Mortuary or funeral homes.
(8)
Motor vehicle sales rooms having enclosing walls and a roof and used or new motor vehicle sales in conjunction therewith. Open storage of vehicles is limited to 15 passenger vehicles.
B.
Loading areas. Each business use shall provide loading and unloading facilities which must be located on the same lot and shall not be located in the required front yard area and shall not be closer than 10 feet to the lot line of any property zoned for residential purposes.
C.
Off-street parking.
(1)
The floor area as used herein is that area used or intended to be used for services to the public as customers, patrons, clients, patients, or tenants, including areas occupied by fixtures and equipment and used for the display or sale of merchandise, but not including storage area.
(a)
Retail stores, business offices and banks: two spaces for the first 1,000 square feet of floor area or portion thereof in addition thereto.
(b)
Restaurant, tavern or other eating place: one space for each five seats.
(c)
Mortuary or funeral homes: one space for each car used in connection with business plus one space for each 40 square feet of assembly floor area.
(d)
Assembly hall, theater, and so forth: one space for each five seats provided for its patrons (based on maximum seating capacity).
(2)
All parking spaces provided for business uses in this section may be located on a lot within 200 feet of the premises of the building they are intended to serve, but only if it is determined by the municipal agency that it is impractical to provide the required parking spaces on the same lot with the building they are intended to serve.
(3)
Nothing in this chapter shall be construed to prevent collective provision of off-street parking facilities by two or more buildings or uses located on adjacent lots, provided that the total of such off-street parking facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the standards contained in this section, and further provided that the land is owned by one or more of the collective users.
(4)
Parking facilities may be located in any required yard space but shall not be less than 10 feet from any lot line which is zoned residentially. Ingress and egress to the parking area shall not cause a hazardous condition to exist and shall be illuminated during operating hours (and only then) if they occur after sunset. Illumination shall be shielded from streets and adjoining residential properties. The parking area shall be paved with an all-weather surface and properly drained.
(5)
Where a business structure is located adjacent to an existing business structure, the side yard adjacent to said existing business need not be required, provided that there is vehicle access to the rear yard or some other location; however, all other requirements pertaining to the business must be complied with.
D.
Outside display. Business structures or uses shall not display food or goods for sale or rental purposes outside of the structure in which such activity is carried on.
E.
Buffer strip. An area at least 10 feet in width and following the lot lines of the business property, if adjacent to residential properties, shall be properly landscaped and maintained or equipped and maintained with suitable decorative fencing so as to form a buffer which shall screen such business property and the uses thereon from any residential zone or area adjacent thereto or bordering thereon.
F.
Prohibited uses. The following uses and activities are specifically prohibited in the B-1 Business Zone:
§ 28-15.2 B-2 Shopping Center Zone.
Within the B-2 Shopping Center Zone, no premises, lot, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, for any other than the following purposes:
A.
C.
Buffer strips. An area at least 10 feet in width and following the lot lines of the business property shall be properly landscaped and maintained or shall be equipped and maintained with decorative fencing so as to form a buffer screen which shall screen such business property and the uses therein from any residential zone or area adjacent thereto or bordering thereon.
§ 28-15.3 B-3 Business Zone.
In the B-3 Business Zone permitted uses are as follows:
A.
Permitted uses.
(1)
Restaurants, diners and other eating establishments open to the public, but not including drive-in eating or other eating establishments where food is entirely consumed in automobiles and where there are no eating facilities in the building itself.
(2)
Motels and hotels, including motor courts, motor inns, etc.
(3)
Bowling alleys.
(4)
Movie theaters but not including outdoor drive-in theaters.
B.
Special requirements.
(1)
There shall be not more than two curb cuts in any one lot, with each curb cut at least 15 feet wide and not more than 25 feet wide, and located at least 10 feet from the adjoining property line, and at least 20 feet from the corner of any intersection of public streets.
(2)
Driveways, exits, entrances, parking areas and areas used by motor vehicles must be surfaced with an asphalt or bituminous pavement which shall be graded and drained to dispose of all surface water.
(3)
Buffer strip. Where the B-3 Business Zone abuts residentially used property or residentially zoned property, a buffer zone of at least 50 feet in width following the lot lines of the B-3 property shall be established, properly landscaped and maintained.
(4)
All that area between the street right-of-way line and the required building setback line not used as driveways or pedestrian walks shall be devoted to the planting of grass, trees, shrubs, flowers or appropriate plant materials and shall be maintained. All buffer strips must be landscaped; there shall be a living wall erected of nondeciduous vegetation along the entire abutting line.
(5)
Off-street parking requirements.
(a)
Restaurants or other eating or drinking establishments: one space per three seats.
(b)
Theater: one space per three seats.
(c)
Bowling alleys: three spaces per alley.
(d)
Motels, hotels or other transient accommodations: one space per unit.
(e)
All uses must provide one space per every two employees per peak shift in addition to the spaces indicated above.
(g)
Where there is more than one use on the premises, the parking requirements shall be in the sum of the components required. Off-street loading and unloading operations shall be conducted entirely within the boundaries of the lot concerned, and no vehicle or conveyance shall in any manner use public streets, sidewalks, or rights-of-way for loading or unloading operations other than for ingress and egress to the lot.
(6)
The front yard heretofore established shall be fully landscaped and maintained. In no event shall parking be permitted within the front yard nor shall any driveways be permitted within the front yard parallel with the front lot. Parking may be permitted in front of the building, provided that the fifty-foot landscaped area is maintained.
§ 28-15.4 LB Limited Business Zone.
Within the LB Limited Business Zone, no premises, lot, building or structure shall be used and no building or structure shall be erected or altered to be used in whole or in part for any other than the following specified purposes:
B.
Off-street parking. All nonresidential uses shall provide a minimum of one parking space for each 300 square feet of floor area.
C.
Landscape buffer zone. An area of at least 10 feet in width and following the lot lines of the business property, if adjacent to residential properties, shall be properly landscaped and maintained or equipped and maintained with suitable decorative fencing so as to form a buffer which shall screen such business property and the uses thereon from any residential zone or area adjacent thereto or bordering thereon.
§ 28-15.5 Basis for deliberation by municipal agency.
The municipal agency shall take into consideration the public safety, health and welfare and shall specifically pass on the following:
A.
Site layout with respect to arrangements and width of driveways on the site and private access roads.
B.
Height, bulk and arrangements of building.
C.
Provisions for off-street parking space and off-street loading and unloading space, if necessary, and access thereto.
D.
Provisions for open space areas on the site.
F.
Roadway parking areas and loading and unloading areas, grading, resurfacing and installation of drainage on the site, all to such extent and in such manner as the municipal agency may deem to be required by the circumstances of the particular case and as governed by the requirements of this article.
G.
Provision for buffer strips where required and location of planting of evergreens to provide effective screening. The municipal agency shall be guided by other provisions of this chapter governing buffer strips and plantings.
§ 28-15.6 O/R Office/Research Zone.
A.
Purpose. The O/R Zone is established to encourage development of low-intensity non-retail uses in flood-prone areas of the Borough. Property limited to office and research use generally encourages periods of use limited to regular working hours and regular workdays. Such use thereby lessens utilization of and necessity for use of emergency and other public services, as compared to other zoned uses in the Borough, at times of flooding. Said use, along with the conditions set forth in this section, will result in a reduced risk of property damage and personal injury and will enable reasonable use of land area with a minimum impact upon surrounding flood-prone areas.
B.
Permitted principal uses.
(1)
Office building for professional, executive, engineering or administrative purposes.
(2)
Structures and uses devoted to research, design or experimentation not involving nuclear, hazardous, or toxic research or any nuisance factors such as noise, dust, smoke, fumes, odors and the like.
(3)
Banks and savings institutions.
(4)
Federal, state and municipal offices.
D.
Conditional uses.
(1)
Public utility buildings, structures or facilities subject to site plan approval.
E.
Prohibited uses.
(1)
Experimentation or other testing involving animals or organic materials and substances.
(2)
Research, design, and product development involving nuclear, radioactive, hazardous or toxic research.
(4)
Manufacturing, assembly or packaging processes or activities.
(5)
Distribution of any manufactured, assembled or packaged product or component.
(6)
Genetic research.
(7)
Research involving toxic materials or hazardous waste.
F.
Other requirements.
(1)
All research shall be incidental to the main use of the building and be restricted to not exceed 45% of the gross floor area of the building.
(2)
Each lot within the O/R Zone shall be developed in accordance with a plan as a single entity containing one or more structures with appurtenant common areas to accommodate one primary office and/or research use and any other permitted accessory uses incidental to the primary use.
(3)
One space for parking shall be provided for each 250 square feet of gross floor space. Design of off-street parking areas shall be subject to the following requirements:
(b)
Suitable walkways shall be provided within parking areas.
(c)
The parking lot shall be paved, marked, graded and well drained.
(d)
Except as provided in Subsection F(4) below, a minimum of 25 feet of grassed and landscaped area shall be provided between the parking lot and the property line.
(e)
Loading facilities and delivery access shall be provided.
(4)
A landscaped buffer with planting so as to form a living visual barrier to minimize the impact of the office and/or research development shall be provided in an area of 100 feet in width following lot lines of any office and/or research property where adjacent to an existing or proposed public street (except for access drives or pedestrian walks) or where adjacent to any residential zone. Such landscaping shall be approved by the municipal agency.
(5)
No loading area shall be located on the side of a building or structure facing any Borough street or federal or state highway. All loading areas shall be appropriately screened from view where such area faces an adjacent residentially zoned or residentially developed area.
(6)
To the reasonable extent possible, parking and loading areas shall occupy the ground level area beneath the building or structure so as to minimize the need for additional impervious surface beyond the building itself and so as to comply with the provisions of Chapter 24, Stormwater Management, of the Code of the Borough of Lincoln Park.
(7)
Maximum impervious surface shall not exceed 50% of the lot area.
(9)
No waste material shall be dumped upon or be permitted to remain upon any part of the plot outside of the buildings construed thereon in any Office/Research District. No plot shall be used for either temporary or permanent display or storage of materials or equipment.
(10)
Permitted work hours shall be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Saturday.
§ 28-15.7 Temporary storage structures or units.
[Added 8-16-2021 by Ord. No. 9-21, effective 9-6-2021]
A.
General requirements. The following shall apply to a temporary storage structure or temporary storage structure unit to be located upon commercial private property:
(1)
The internal area shall be limited to a size of not less than 392 cubic feet (seven feet by seven feet by eight feet) and not greater than 1,024 cubic feet (16 feet by eight feet by eight feet).
(2)
The temporary storage structure or unit shall not contain advertising or other writing, except to identify the manufacturer or owner of the temporary storage structure or unit.
(3)
No more than two temporary storage structures or units shall be located on a single parcel of commercial property.
(4)
At the time of application to the Zoning Officer for a zoning permit for a temporary storage structure or unit, the applicant shall provide a survey of the property. The Zoning Officer shall mark the survey with the location the temporary storage structure unit is to be placed.
(5)
A temporary storage structure unit may be placed on private commercial property only after a ten-day zoning permit is issued by the Zoning Officer to the owner of such property. No fee shall be required for issuance of an initial ten-day zoning permit.
(6)
Should a period longer than 10 days be requested by the property owner, a temporary storage structure or unit shall be permitted to be placed and remain on the said private property, provided that:
(a)
A zoning permit extension application is submitted to the Zoning Officer prior to the expiration of the initial ten-day period.
(c)
The permitted temporary storage structure or unit shall not remain on such private property after the expiration of 90 consecutive days unless a further extension zoning permit shall be applied for and issued prior to the said expiration.
(7)
In no event shall a temporary storage structure or unit remain on private commercial property for any period beyond 180 consecutive days from the date of issuance of the initial permit.
(8)
Permit requests for temporary storage structures or units on properties not owned by the applicant shall be accompanied by an original written consent of the owner or landlord. This consent shall specify a requested location on the property and the requested duration.
B.
Where located.
(1)
A temporary storage structure or unit is prohibited from being located within a public right-of-way or in the front yard of a private property except as may be approved otherwise by the Zoning Officer. No temporary storage structure shall obstruct the visibility or free flow of pedestrian or vehicular traffic.
(2)
A temporary storage structure or unit shall be located in a driveway or other property location at the furthest point from the street. It shall be placed on the paved, off-street surfaces of the property where such exist.
(3)
The Zoning Officer shall determine the location on the private property where the temporary storage structure unit shall be located. The Zoning Officer's determination shall be guided by due consideration for accessibility and safety.
C.
Required permit fees. The zoning permit extension application for any period following the expiration of the initial ten-day period shall be accompanied by a permit fee as follows:
D.
Enforcement; violations and penalties.
(1)
The owner of private property within the Borough of Lincoln Park upon which any temporary storage structure or unit is located without the prior approval of the Zoning Officer required pursuant to this section shall be subject to the penalties set forth below.
(2)
The Zoning Officer, Fire Prevention Officer and the Police Department shall be responsible for enforcing the provisions of this section.
(3)
Any temporary storage structure or unit not in compliance with this section is and shall be declared to be a public nuisance and may be abated by the Borough at the expense of the owner of the private property, the owner of the temporary storage structure or unit or other person or legal entity deemed responsible.
(4)
The owner of the private property, the owner of the temporary storage structure or unit or other person or legal entity deemed responsible for a temporary storage unit not removed within five days after the date of a written notice of violation issued under this section shall be subject to a summons to the Municipal Court of the Borough and a fine.
(5)
The fine to be determined under this section is as follows: Failure to obtain the necessary permit or maintaining a temporary storage structure or unit on the property beyond the maximum limit of 180 days will result in a fine up to $100 per day, per violation, beginning on the sixth day after issuance of a notice of violation.