ZONING DISTRICT REGULATIONS
Within the Zoning Districts established, there are certain uses permitted, density limitations imposed, and special requirements set forth. This Section establishes those uses permitted, limits density, and sets forth certain special regulations in order to achieve compatibility and to implement the New Hope Comprehensive Master Plan.
There shall be permitted in all Zoning Districts the following uses:
A.
Public Utilities (but not including power and gas substations and pumping stations).
B.
Public Buildings of a Governmental Nature Including Libraries.
C.
Temporary Uses. The following temporary uses are allowed in any Zoning District subject to the limitations and standards specified.
1.
Garage Sale. A garage sale or yard sale may be held for no more than two consecutive days and not more frequently than once each calendar quarter per lot.
2.
Roadside Produce Stands. Produce stands are typically seasonal in nature and portable in form, often being removed daily, weekly, or when the production season ends.
3.
Temporary Construction Building. Temporary buildings used in construction work only, may be permitted in any Zoning District and shall be removed immediately upon completion of construction.
4.
Model Homes and Sales Office. Residential buildings in new subdivisions of record, containing twenty (20) or more lots may be temporarily used as model homes and sales offices provided such use conforms to the following:
a.
A subdivision plat must be filed for record prior to issuance of a permit.
b.
Facilities for sewage disposal must be approved and available.
c.
Not more than fifty percent (50%) of gross floor area may be used for sales office.
d.
Only sales activity relating to the subdivision is permitted and no other business activity may be conducted on the premises.
e.
A permit shall expire upon completion of the sale of the last lot in subdivision or three (3) calendar years from date of the permit, whichever is earlier. However, the license may be extended for good cause. License is not assignable except on approval of City Council.
f.
Paved parking shall be provided for offices. Landscaping shall be installed in such a manner that vehicles utilizing parking lot shall be screened from view from the right-of-way. Upon expiration of the model home/office use, paving shall be removed by permittee and replaced with grass and landscaping.
g.
The use is limited to the structure initially permitted and is not transferable to any other structure or lot within the subdivision.
D.
Home Occupations.
1.
Permitted Locations. Home occupations are permitted in all Zoning Districts so designated in the Allowed Use Table, located in Section 8.
2.
Permitted Home Occupations. Home occupations permitted are limited to uses that are primarily office-oriented, where the residential character of the home is unchanged. Types of businesses and professions typical of home occupations include, but are not limited to:
a.
Art studio;
b.
Barber or beauty services with no more than one chair;
c.
Home office for telecommuting;
d.
Food catering;
e.
Professional office;
f.
Office for insurance or real estate sales;
g.
Computer consulting and desktop publishing;
h.
Tutoring;
i.
Music instruction;
j.
Limited mail order and internet sales;
k.
Counseling;
3.
Prohibited Home Occupations. Uses that could potentially alter the residential character of the surrounding neighborhood, and uses with a pronounced tendency to grow to where the residential character of a dwelling is compromised, are prohibited as home occupations. Types of businesses and professions typical of those prohibited for home occupations include, but are not limited to:
a.
Barber or beauty services with more than one chair;
b.
Machine shop;
c.
Medical, dental or veterinary office;
d.
Massage therapy (on site);
e.
Vehicle repair or body work;
f.
Vehicle sales;
g.
Vehicle storage;
h.
Vehicle restoration;
i.
Private schools with scheduled or organized classes;
j.
Retail sales;
k.
Restaurant;
l.
Welding;
m.
Undertaking;
n.
Boarding houses.
4.
Area and Location.
a.
Home occupations may occupy no more than two hundred (200) square feet or not more than ten percent (10%) of a dwelling floor area.
b.
Occasional meetings may exceed the floor area standards.
5.
Employees. Employees of home occupations are limited to people living in the dwelling.
6.
External Effects.
a.
Noise, vibration, odor, glare, smoke, and other external effects cannot be detectable off-site.
b.
Changes to the residence exterior that detract from the residential character of the neighborhood are prohibited.
7.
Parking and Traffic.
a.
Parking must be off-street, except for occasional meetings.
b.
Traffic cannot exceed that typical of a residential neighborhood.
c.
Truck pick-up and delivery is prohibited, except occasional service by parcel carriers serving residential customers in the area.
8.
Sales. Only incidental sales of services and products are permitted. Sales between the proprietor and the public at the residence are prohibited, excluding occasional sales parties (one per month maximum).
9.
Signage and Advertising. Signage must be in compliance with the City of New Hope Sign Ordinance.
10.
Visitation.
a.
Home occupations may have no more than four (4) business related visitations a day. Monthly sales parties are exempt.
b.
Visitations are restricted to the hours between 6:00 AM and 9:00 PM only.
E.
Temporary Storage Units.
1.
Permitted Uses. A temporary storage unit may be used for storage of building materials (before they are used for building purposes), household goods, personal property, and other such materials for a limited period of time as set out below, and shall not be used in lieu of a garage or permanent accessory building. A temporary storage unit may also be used by general or subcontractors for the temporary storage of items necessary for construction or renovation of a residence or commercial building.
2.
Location of Unit. All temporary storage units must be located as close as reasonably possible to the building or structure being constructed, worked on or repaired.
3.
Loading or Unloading. For purposes of loading or unloading, persons in need of locating a temporary storage unit on the City's streets, alleys, easement, or rights-of-way may do so by obtaining permission in advance from the Zoning Officer. The unit may remain on the street during daylight hours for one day only, after which time it must be located as provided in number 2., above.
4.
Duration and Fees. No temporary storage unit may be placed within the City limits without a permit from the City. Prior to placing any temporary storage unit, the owner or occupant of the property upon which the unit will be placed shall apply to the City for a permit by filling out and submitting the appropriate application form. Upon receipt of a permit, the applicant may place a temporary storage unit on the property for no more than sixty (60) days. The Zoning Officer may extend a permit for an additional sixty (60) days if, prior to the expiration of the first permit, the applicant files an application for an extension, showing good cause why an extension should be granted. No temporary storage unit may be allowed to remain on any property within the City limits for more than one hundred twenty (120) days unless a special exception has been granted in accordance with the Zoning Code, except as otherwise provided herein.
5.
Dimensional Criteria. In no case shall a temporary storage unit measuring larger than eight feet by twenty feet (8' x 20') be located in a residential area or residential planned development Zoning District, and no temporary storage unit larger than eight feet by fifty-three feet (8' x 53') shall be placed in a business or commercial Zoning District.
6.
Number of Units. No more than two (2) temporary storage units per property shall be permitted at the same time.
7.
Impermissible Uses. No temporary storage unit may be used for retail sales, or to store solid waste, construction debris, recyclable materials, commercial goods, or any illegal or hazardous material. Upon reasonable notice to the applicant, the Zoning Officer may inspect the contents of any temporary storage unit to ensure that it is not being used to store any prohibited materials. No temporary storage unit may encroach on public property or public right-of-way or be placed in such a way that it causes an impediment to the view or movement of pedestrian or vehicular traffic on adjoining sidewalks, roadways or driveways.
8.
Condition. All temporary storage units must be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
9.
Removal of Temporary Storage Unit. All temporary storage units must be removed at the end of the time for which they may lawfully remain in place under the provisions of this Ordinance. Any temporary storage units not removed on time may be removed by the City, and the cost of such removal, together with the cost of the administration of such removal, may be assessed against the property on which the temporary storage unit was located and may be filed as a lien against such property by the City Clerk.
There shall be permitted in all Zoning Districts the following uses only after site plan review by the Planning Commission, specifics for which are established by Section 5.
A.
Public utilities, not otherwise specified, including power and gas substations and pumping stations.
B.
General hospitals for humans (including nursing homes).
C.
Semi-public buildings and uses, including private schools and churches.
D.
Public school buildings and associated uses.
E.
Public recreational facilities, including parks, playgrounds, stadiums, etc.
F.
Communication towers.
In order to evaluate a proposal for a land use not contained in the Allowed Uses Table in Section 8, a determination of the appropriate classification of any new or unlisted land use must occur as follows:
A.
Interpretation Request. The Zoning Officer may refer the question concerning any new or unlisted use to the Planning Commission requesting an interpretation of the appropriate Zoning classification for such use.
B.
Statement of Facts. The Zoning Officer must submit to the Planning Commission a statement of facts listing the nature of the proposed use and whether it involves dwelling activity, sales, processing, type of product produced, amount and nature of storage, anticipated employment, transportation requirements, the amount of noise, light, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and wastewater.
C.
Consideration and Recommending Text Amendments. The Planning Commission must consider the nature and described performance of the proposed use, its compatibility with the uses permitted in the various Zoning Districts, and amend the Allowed Uses Table in accordance with the text amendment procedures set forth in Section 7.
Table 9-1—Dimension Table For Residential Zones
Table 9-2—Dimension Table For Non-Residential Zones
ZONING DISTRICT REGULATIONS
Within the Zoning Districts established, there are certain uses permitted, density limitations imposed, and special requirements set forth. This Section establishes those uses permitted, limits density, and sets forth certain special regulations in order to achieve compatibility and to implement the New Hope Comprehensive Master Plan.
There shall be permitted in all Zoning Districts the following uses:
A.
Public Utilities (but not including power and gas substations and pumping stations).
B.
Public Buildings of a Governmental Nature Including Libraries.
C.
Temporary Uses. The following temporary uses are allowed in any Zoning District subject to the limitations and standards specified.
1.
Garage Sale. A garage sale or yard sale may be held for no more than two consecutive days and not more frequently than once each calendar quarter per lot.
2.
Roadside Produce Stands. Produce stands are typically seasonal in nature and portable in form, often being removed daily, weekly, or when the production season ends.
3.
Temporary Construction Building. Temporary buildings used in construction work only, may be permitted in any Zoning District and shall be removed immediately upon completion of construction.
4.
Model Homes and Sales Office. Residential buildings in new subdivisions of record, containing twenty (20) or more lots may be temporarily used as model homes and sales offices provided such use conforms to the following:
a.
A subdivision plat must be filed for record prior to issuance of a permit.
b.
Facilities for sewage disposal must be approved and available.
c.
Not more than fifty percent (50%) of gross floor area may be used for sales office.
d.
Only sales activity relating to the subdivision is permitted and no other business activity may be conducted on the premises.
e.
A permit shall expire upon completion of the sale of the last lot in subdivision or three (3) calendar years from date of the permit, whichever is earlier. However, the license may be extended for good cause. License is not assignable except on approval of City Council.
f.
Paved parking shall be provided for offices. Landscaping shall be installed in such a manner that vehicles utilizing parking lot shall be screened from view from the right-of-way. Upon expiration of the model home/office use, paving shall be removed by permittee and replaced with grass and landscaping.
g.
The use is limited to the structure initially permitted and is not transferable to any other structure or lot within the subdivision.
D.
Home Occupations.
1.
Permitted Locations. Home occupations are permitted in all Zoning Districts so designated in the Allowed Use Table, located in Section 8.
2.
Permitted Home Occupations. Home occupations permitted are limited to uses that are primarily office-oriented, where the residential character of the home is unchanged. Types of businesses and professions typical of home occupations include, but are not limited to:
a.
Art studio;
b.
Barber or beauty services with no more than one chair;
c.
Home office for telecommuting;
d.
Food catering;
e.
Professional office;
f.
Office for insurance or real estate sales;
g.
Computer consulting and desktop publishing;
h.
Tutoring;
i.
Music instruction;
j.
Limited mail order and internet sales;
k.
Counseling;
3.
Prohibited Home Occupations. Uses that could potentially alter the residential character of the surrounding neighborhood, and uses with a pronounced tendency to grow to where the residential character of a dwelling is compromised, are prohibited as home occupations. Types of businesses and professions typical of those prohibited for home occupations include, but are not limited to:
a.
Barber or beauty services with more than one chair;
b.
Machine shop;
c.
Medical, dental or veterinary office;
d.
Massage therapy (on site);
e.
Vehicle repair or body work;
f.
Vehicle sales;
g.
Vehicle storage;
h.
Vehicle restoration;
i.
Private schools with scheduled or organized classes;
j.
Retail sales;
k.
Restaurant;
l.
Welding;
m.
Undertaking;
n.
Boarding houses.
4.
Area and Location.
a.
Home occupations may occupy no more than two hundred (200) square feet or not more than ten percent (10%) of a dwelling floor area.
b.
Occasional meetings may exceed the floor area standards.
5.
Employees. Employees of home occupations are limited to people living in the dwelling.
6.
External Effects.
a.
Noise, vibration, odor, glare, smoke, and other external effects cannot be detectable off-site.
b.
Changes to the residence exterior that detract from the residential character of the neighborhood are prohibited.
7.
Parking and Traffic.
a.
Parking must be off-street, except for occasional meetings.
b.
Traffic cannot exceed that typical of a residential neighborhood.
c.
Truck pick-up and delivery is prohibited, except occasional service by parcel carriers serving residential customers in the area.
8.
Sales. Only incidental sales of services and products are permitted. Sales between the proprietor and the public at the residence are prohibited, excluding occasional sales parties (one per month maximum).
9.
Signage and Advertising. Signage must be in compliance with the City of New Hope Sign Ordinance.
10.
Visitation.
a.
Home occupations may have no more than four (4) business related visitations a day. Monthly sales parties are exempt.
b.
Visitations are restricted to the hours between 6:00 AM and 9:00 PM only.
E.
Temporary Storage Units.
1.
Permitted Uses. A temporary storage unit may be used for storage of building materials (before they are used for building purposes), household goods, personal property, and other such materials for a limited period of time as set out below, and shall not be used in lieu of a garage or permanent accessory building. A temporary storage unit may also be used by general or subcontractors for the temporary storage of items necessary for construction or renovation of a residence or commercial building.
2.
Location of Unit. All temporary storage units must be located as close as reasonably possible to the building or structure being constructed, worked on or repaired.
3.
Loading or Unloading. For purposes of loading or unloading, persons in need of locating a temporary storage unit on the City's streets, alleys, easement, or rights-of-way may do so by obtaining permission in advance from the Zoning Officer. The unit may remain on the street during daylight hours for one day only, after which time it must be located as provided in number 2., above.
4.
Duration and Fees. No temporary storage unit may be placed within the City limits without a permit from the City. Prior to placing any temporary storage unit, the owner or occupant of the property upon which the unit will be placed shall apply to the City for a permit by filling out and submitting the appropriate application form. Upon receipt of a permit, the applicant may place a temporary storage unit on the property for no more than sixty (60) days. The Zoning Officer may extend a permit for an additional sixty (60) days if, prior to the expiration of the first permit, the applicant files an application for an extension, showing good cause why an extension should be granted. No temporary storage unit may be allowed to remain on any property within the City limits for more than one hundred twenty (120) days unless a special exception has been granted in accordance with the Zoning Code, except as otherwise provided herein.
5.
Dimensional Criteria. In no case shall a temporary storage unit measuring larger than eight feet by twenty feet (8' x 20') be located in a residential area or residential planned development Zoning District, and no temporary storage unit larger than eight feet by fifty-three feet (8' x 53') shall be placed in a business or commercial Zoning District.
6.
Number of Units. No more than two (2) temporary storage units per property shall be permitted at the same time.
7.
Impermissible Uses. No temporary storage unit may be used for retail sales, or to store solid waste, construction debris, recyclable materials, commercial goods, or any illegal or hazardous material. Upon reasonable notice to the applicant, the Zoning Officer may inspect the contents of any temporary storage unit to ensure that it is not being used to store any prohibited materials. No temporary storage unit may encroach on public property or public right-of-way or be placed in such a way that it causes an impediment to the view or movement of pedestrian or vehicular traffic on adjoining sidewalks, roadways or driveways.
8.
Condition. All temporary storage units must be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
9.
Removal of Temporary Storage Unit. All temporary storage units must be removed at the end of the time for which they may lawfully remain in place under the provisions of this Ordinance. Any temporary storage units not removed on time may be removed by the City, and the cost of such removal, together with the cost of the administration of such removal, may be assessed against the property on which the temporary storage unit was located and may be filed as a lien against such property by the City Clerk.
There shall be permitted in all Zoning Districts the following uses only after site plan review by the Planning Commission, specifics for which are established by Section 5.
A.
Public utilities, not otherwise specified, including power and gas substations and pumping stations.
B.
General hospitals for humans (including nursing homes).
C.
Semi-public buildings and uses, including private schools and churches.
D.
Public school buildings and associated uses.
E.
Public recreational facilities, including parks, playgrounds, stadiums, etc.
F.
Communication towers.
In order to evaluate a proposal for a land use not contained in the Allowed Uses Table in Section 8, a determination of the appropriate classification of any new or unlisted land use must occur as follows:
A.
Interpretation Request. The Zoning Officer may refer the question concerning any new or unlisted use to the Planning Commission requesting an interpretation of the appropriate Zoning classification for such use.
B.
Statement of Facts. The Zoning Officer must submit to the Planning Commission a statement of facts listing the nature of the proposed use and whether it involves dwelling activity, sales, processing, type of product produced, amount and nature of storage, anticipated employment, transportation requirements, the amount of noise, light, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and wastewater.
C.
Consideration and Recommending Text Amendments. The Planning Commission must consider the nature and described performance of the proposed use, its compatibility with the uses permitted in the various Zoning Districts, and amend the Allowed Uses Table in accordance with the text amendment procedures set forth in Section 7.
Table 9-1—Dimension Table For Residential Zones
Table 9-2—Dimension Table For Non-Residential Zones