Nitro City Zoning Code
GENERAL PROVISIONS
§ 152.130 OFF-STREET PARKING.
(A) General. There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this chapter.
(B) Parking space requirements.
(1) Required number. The off-street parking spaces required for each use permitted by this chapter shall not be less than that found in table below, provided that any fractional parking space be computed as a whole space. Every business, commercial facility and industrial facility, to the extent permitted by the physical characteristics of the facility and the surrounding property, shall provide for safe and proper ingress to and egress from the facility for delivery vehicles. Every newly constructed business, commercial facility and industrial facility shall provide for safe and proper ingress to and egress from the facility for delivery vehicles.
Off-Street Parking Schedule | |
Use | Parking Spaces |
Off-Street Parking Schedule | |
Use | Parking Spaces |
Assembly, churches, auditorium | 1/each 5 seats plus 1 for every 3 employees |
Automobile and trailer sales facility | 1 for each 3 employees |
Automobile repair and body shop | 2/each work/repair bay + 1 for each 3 employees |
Bed and breakfast | 1/guest room plus 2/owner-occupant |
Dwelling units | 2/DU |
Funeral homes | 100 |
Health club | 1/100 gross square feet |
Hotels/motels | 1/guest room plus 1/500 square feet of common area |
Industry | 1/400 square feet |
Medical office | 1/200 gross square feet plus 1 for each doctor and 1 for each 2 employees including nurses |
Office | 1/300 gross square feet |
Restaurant | 1/each 4 seats |
Retail | 1/200 gross square feet plus 1 for every 3 employees |
Schools | 1/3.5 seats in class rooms plus 1/faculty member/employee |
Warehouse | 1/500 gross square feet |
(2) Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.
(3) Location of lot. The parking spaces required by this chapter shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot not more than 500 feet radially from the subject lot within the same or less-restrictive zoning district.
(C) Parking space dimension.
(1) Width. A minimum width of nine feet shall be provided for each parking space; provided, that the following exceptions shall apply:
(a) Parking spaces for compact vehicles shall be permitted to be eight feet wide;
(b) Parallel parking spaces shall be permitted to be eight feet wide; and
(c) The width of a parking space shall be increased ten inches for obstructions located on either side of the space within 14 feet of the access aisle.
(2) Length. A minimum length of 20 feet shall be provided for each parking space; provided, that the following exceptions shall apply:
(a) Compact parking spaces shall be permitted to be 18 feet in length; and
(b) Parallel parking spaces shall be a minimum 22 feet in length.
(D) Design of parking facilities.
(1) Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:
(a) Private driveways at least nine feet;
(b) Commercial driveways:
1. Twelve feet for one-way enter/exit; and
2. Twenty-four feet for two-way enter/exit.
(2) Driveway and ramp slopes. The maximum slope of any driveway or ramp shall not exceed 20%; provided, that the restriction that the maximum slope of any driveway or ramp shall not exceed 20% shall not apply to private driveways used for single family residential structures. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the Code Official.
(3) Parking space accessibility. Each required parking space shall be individually and easily accessible.
(4) Compact to standard space ratio. The maximum ratio of compact spaces to standard spaces in any parking area shall not exceed one to two.
(5) Striping. All hard surface parking spaces installed after the enactment of this chapter shall be striped, except a private garage or parking area for the exclusive use of a single-family dwelling is not subject to this requirement.
(6) Lighting. All lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 5-16-2023)
§ 152.131 FENCE HEIGHTS.
(A) General. Notwithstanding any other provisions of this chapter, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard; provided, that, no fence, wall or hedge shall exceed the height stated in the table below; provided, however, that a wall that does not exceed three feet in height is not classified as a retaining wall.
Maximum Fence Heights | |
Yards | Height (Feet) |
Front | 4 |
Lot side | 6 |
Rear | 6 |
Street side | 4 |
(B) Privacy fences. A privacy fence may not interfere with the line of sight at an angle of 90 degrees from the front door of the primary structure on the adjoining lot, and may not exceed a height of six feet; provided, that, a privacy fence may be eight feet in height if the top two feet of the fence does not interfere with the free flow of air through the fenced enclosure.
(C) Sight line (visibility at intersections). All fences, walls, hedges, screens, signs and other structures or plantings shall be set back from a corner a sufficient distance so as to not create an unsafe condition for purposes of automobile traffic. No fence, wall, hedge, screen, sign or other structure or planting shall be higher than three and one-half feet in any district within the triangle area (sight triangle) formed by the intersection of the centerline of each street; the line measured along each center line will be 100 feet along major streets and 80 feet on minor streets. When a major and a minor street intersect, each shall retain their respective footage requirements along the centerline to form the sight triangle. Trees may be planted in this triangle area provided the lowest foliage is eight feet or higher from the ground.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010; Ord. passed 5-16-2023)
§ 152.132 LOCATION OF ACCESSORY BUILDINGS, STORAGE BUILDINGS AND PRIVATE GARAGES.
(A) General. Accessory buildings shall occupy the same lot as the main use or building.
(B) Separation from main building. Any accessory building 150 square feet or greater in size or that has any utility service installed shall be separated from the main building by ten feet and shall also be in compliance with all setback requirements; provided, that any accessory building less than 150 square feet in size that is used for storage or other similar use shall be permitted to be located in any portion of the rear yard or side yard. No storage building shall be located in the front yard.
(C) Private garages. An accessory building used as a private garage shall be permitted to be located in the rear yard or side yard provided that setbacks are maintained and the structures do not encroach into any recorded easements. The building shall be permitted to be located in the front yard of a sloping lot if the lot has more than a ten-foot difference in elevation from midpoint of the front lot line to a point 50 feet away midway between the side lot lines.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.133 ALLOWABLE PROJECTIONS INTO YARDS.
(A) General. Eaves, cornices, chimneys, new HVAC equipment and other similar architectural features shall not be permitted to project into a required yard; provided, that HVAC equipment that is replacing HVAC equipment may be installed at the location of the equipment being replaced.
(B) Front yards.
(1) Open, unenclosed ramps, porches, platforms or landings, not covered by a roof, shall not be permitted to extend into the required front yard, and such porch may not extend above the first level and may be no more than six feet above grade at any point.
(2) In any R-1 Single-Family Residential Zones, the front yard of any lot of record at the time of enactment of this chapter shall be equal to the average front yards of existing developed lots on the street on which it is located. In the absence of developed lots along any such streets, the minimum front yard shall be 20 feet.
(C) Rear yards. Windows shall be permitted to project into a required rear yard no more than six inches.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.134 LANDSCAPING REQUIREMENTS.
(A) General. Landscaping is required for all new buildings and additions over 500 square feet as defined in this section. Basic landscaping, such as sowing grass, shall be completed within one year from the date of occupancy of the building.
(B) Front yards. Front yards required by this chapter shall be landscaped, except for those areas occupied by access driveways, walls and structures.
(C) Street-side side yards. All flanking street-side side yards shall be landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls and structures.
(D) Maintenance. All live landscaping required by this chapter shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and irrigated on a regular basis.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.135 LOADING SPACES.
(A) General. Loading spaces shall be provided on the same lot for every building in the C or L-1 zones. No loading space is required if prevented by an existing lawful building. In all zoning districts covered by this chapter, the loading and unloading of trucks and all other vehicles shall be conducted in such a manner that no part of said truck or vehicle, or the operations of the loading and unloading shall extend onto the adjacent sidewalk or roadway or in any other manner hinder or impede the use thereof. The Code Official may waive this requirement on unusual lots.
(B) Size. On new construction, each loading space shall have a clear height of 14 feet and shall be directly accessible through a usable door not less than three feet in width and six feet eight inches high. The minimum area of a loading space shall be 400 square feet and the minimum dimensions shall be 20 feet long and ten feet deep.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.136 PASSAGEWAYS.
(A) Residential entrances. There shall be a passageway of not less than ten feet in width leading from the public way to the exterior entrance of each dwelling unit in every residential building. The passageway shall be increased by two feet for each story over two.
(B) Separation between buildings. There shall be at least ten feet of clear space between every main building and accessory building on a lot. There shall be at least 20 feet of clear space between every residential building and another main building on the same lot.
(C) Location of passageways. Passageways shall be permitted to be located in that space set aside for required yards. Passageways shall be open and unobstructed to the sky and shall be permitted to have such projections as allowed for yards, provided the users of said passageway have a clear walk-way to the public way. Any space between buildings or passageways that has less width than that prescribed herein shall not be further reduced.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.137 APPROVAL FOR AND AVAILABILITY OF ESSENTIAL SERVICES.
(A) General. All projects that require the additional use or new facilities of essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. Fire hydrants shall be no more than 1,000 feet apart, no more than 500 from any structure, approved by the city’s Fire Department, and readily accessible by a fire truck.
(B) Approval for and availability of essential services. Nonavailability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The city is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the city agrees otherwise. All service extensions shall be designed and installed in full conformance with the city’s standards for such service, and shall be subject to review, permit and inspection as required by other policies or this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)