Zoneomics Logo
search icon

Perkins City Zoning Code

CHAPTER 8

GENERAL PROVISIONS APPLYING TO ALL OR SEVERAL DISTRICTS

10-8-1: APPLICATION OF REGULATIONS IN DISTRICTS AUTHORIZED:

No land, building, structure or improvement shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, coverage, yard, space and other requirements established in the district in which such land, building, structure or improvement is located, and such use is authorized, except as may be legally nonconforming. (2010 Code § 22-21)

10-8-2: USE OF YARDS AND DIVISION LOTS:

A.   No building, structure or improvement shall be permitted to encroach upon required yard spaces set forth in the provisions of this title; provided, however, that surfaced parking facilities, signs, fences, side lot lines and gasoline pumping service units may be permitted to occupy required yard space unless otherwise prohibited in those districts permitting such improvements and provided that no inoperative vehicle may be stored in the front yard or side yard of a lot in a residential district.
B.   An improved lot shall not hereafter be divided into two (2) or more lots unless all lots resulting from such division comply with all the applicable yard, space, area, parking and loading regulations of the zoning district in which located. (2010 Code § 22-22)

10-8-3: STORAGE, PARKING OF TRAILERS, COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS:

Commercial vehicles and trailers of all types, including, travel, camping and hauling, and mobile homes, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district, except in accordance with the following provisions:
A.   No more than one commercial vehicle, which does not exceed two and one-half (21/2) tons' rated capacity, per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted;
B.   No more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted. A camping or travel trailer shall not be occupied permanently while it is parked or stored in any area within the incorporated limits, except in a mobile home park authorized under the ordinances of the city, subject to the provisions of chapter 10 of this title;
C.   A mobile home shall be parked or stored only in a mobile home park which is in conformity with this title, except as is provided by chapter 9, "Nonconformities", of this title. (2010 Code § 22-23)

10-8-4: DISPLAY OF TRAILERS AND COMMERCIAL VEHICLES:

Commercial vehicles and trailers of all types may be displayed in such commercial districts allowing sales of the vehicles or in such industrial districts manufacturing the same; provided, however, the vehicles may not be used for dwelling purposes, either temporarily or permanently, except in a mobile home park authorized under the ordinances of the city. (2010 Code § 22-24)

10-8-5: SCREENING WALLS OR FENCES:

A.   Specifications: When the provisions of this title require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence:
   1.   Shall be constructed, designed and arranged to provide visual separation of uses, irrespective of vegetation;
   2.   Shall not be less than five feet (5') nor more than eight feet (8') in height;
   3.   Shall be constructed with all braces and supports on the interior; and
   4.   Shall not cross or block city utility easements. (2010 Code § 22-25)
B.   Maintenance Required: The screening wall or fence shall be maintained by the owner of the lot containing the use requiring the construction of the screening. Failure to maintain after notice by the city clerk shall constitute an offense hereunder. (2010 Code § 22-26)

10-8-6: SEWER SERVICE:

No structure or use in any district shall be erected or commenced which does not have a connection to the public sewer system, except as provided in title 8, chapter 4 of this code. (2010 Code § 22-27; amd. 2012 Code)

10-8-7: OFF STREET PARKING REQUIREMENTS:

A.   Parking Space Defined: The term "parking space", as used in this section, shall mean a parcel of land or a stall two hundred (200) square feet in area, exclusive of drives, lanes or aisles, provided with an unobstructed access thereto from a public street, alley or other open space approved by the city. (2010 Code § 22-28)
B.   Off Street Parking Required: In all residential, commercial and industrial use districts, "parking space", as defined in subsection A of this section, shall be provided and maintained as accessory to every principal use, building or structure enumerated in this section, whenever the principal use, building or structure is hereafter erected or enlarged. (2010 Code § 22-29)
C.   Schedule Of Parking Space Requirements: The regulations in this section shall apply to any site proposed for development after use date of adoption. For buildings or structures containing more than one occupancy use, the total number of parking spaces required shall be the sum of the number of parking spaces for each individual occupancy or use. Such parking space shall be provided for any principal use, building or structure in compliance with the following schedule of requirements:
PARKING SPACES REQUIRED
Assembly halls, convention halls, exhibition halls, auditoriums, lecture halls, theaters, stadiums, and any other places of indoor or outdoor assembly
1 for each 4 fixed seats, or 1 for each 60 square feet of assembly floor space where the seats are not fixed, with a minimum of 4.
Automobile service stations
1 for each 1,000 square feet of gross lot area, with a minimum of 2.
Automobile washing stations
4 reserve spaces per washing stall required.
Barbershops and beauty shops
2 for each chair, with a minimum of 2.
Bowling alley
4 for each lane, plus 1 per 300 square feet of gross floor used for other purposes.
Childcare centers and nursery schools
2 for each 3 employees, plus 1 for each 6 children that the center is licensed to accommodate.
Churches or places of worship
1 for 5 seats, at maximum capacity, with a minimum of 4.
Cleaners, automatic self-help
1 for each 2 washing or cleaning machines, or 1 for each 100 square feet of gross floor area, whichever is the greater.
Drive-in windows
4 reserve spaces per drive-in window.
Dwellings:
Single-family
1 per bedroom, with a minimum of 2 spaces.
Multiple-family
2 per unit in the dwelling with a minimum of 4.
Group home: A group home is a facility, licensed by the state, providing housing and rehabilitative services to persons with developmental disabilities. For purposes of zoning, a group home providing housing and rehabilitative services to 5 or fewer persons, not including staff, shall be considered a single family
1 off street parking space for each staff member calculated on the basis of the maximum on duty at any 1 time, and 1 parking space for each 4 residents.
Home occupation
1 in addition to the space required for such residential dwelling.
Hotels, transient
1 per 1,000 feet of gross floor area, or 1 per bedroom, whichever is the greater.
Libraries and art galleries
1 for each 100 feet of floor area, with the minimum of 2.
Manufacturing, warehousing or wholesaling
3/4 space per each employee, calculated on the basis of maximum employees on duty at any 1 time.
Medical clinics
1 for each 150 feet of gross floor area, with a minimum of 3.
Mortuaries and funeral homes
1 for each 100 square feet of gross floor area, or 1 for each 3 seats in assembly area, whichever is greater, with a minimum of 3.
Motels
1 per sleeping room.
Office buildings
1 for each 400 square feet of gross floor area, with a minimum of 4.
Passenger stations
2 per 100 square feet of waiting area.
Private clubs
1 for each 4 seats provided for customer use, plus 1 per employee.
Public housing, low income
1 per dwelling unit with a minimum of 2.
Rest homes, philanthropic, rooming houses, asylums, hospitals, sanatoriums
1 for each 4 beds, or 1 for each bedroom, whichever is greater, with a minimum of 4.
Restaurants
1 for each 4 seats provided for customer use, plus 1 per employee.
Retail stores either freestanding or in a shopping center of less than 25,000 square feet
1 for each 200 square feet of floor area (unless otherwise specifically mentioned herein).
Rooming or boarding houses
1 for each 200 square feet of gross floor area, or 1 per bedroom, whichever is greater, with a minimum of 4.
Schools:
Elementary or junior high
1 for each classroom and 2 for each office, with a minimum of 4.
Other schools
A maximum combination of 2 for each classroom, plus 1 for each 5 auditorium seats, with a minimum of 4.
Businesses which lack front or side setbacks are exempted from having any required parking spaces.
 
(2010 Code § 22-30; amd. 2012 Code)
D.   Development And Use Of Parking Spaces: The development and maintenance of the premises for the parking of motor vehicles shall be in compliance with the following:
   1.   Parking spaces, as regulated herein, shall not be reduced in number or size.
   2.   In all off street parking areas containing more than three (3) parking spaces, ingress and egress shall be provided in a manner that will prevent vehicles from backing directly into the traffic lanes of any highway or major arterial.
   3.   Parking places shall be surfaced in accordance with specifications approved by the city commission to prevent the raising of dust.
   4.   All lights used to illuminate such parking spaces shall be installed to prevent glare into abutting property.
   5.   Required parking spaces for property used for residential purposes shall be located on the same lot as the principal building, or upon an adjoining lot. Required parking places for property other than that used for residential purposes shall be located on the same lot as the principal building or on an adjoining lot, except that if insufficient space exists on the same adjoining lot, all or any part of the required parking spaces may be located in any area which permits parking, within three hundred feet (300') of the principal building, measured along the line of public access from the nearest boundary of the parking area to the principal building entrance without crossing an arterial street; provided, that the location and plan of operation of said parking area shall be approved by the governing body after due hearing; and provided, further, that a copy of such approval, together with any conditions or limitations attached thereto, shall be recorded with the county register of deeds, and shall constitute a covenant running with the land as long as the uses of the premises require parking. For the purpose of this section, lots separated only by an alley, easement or street, shall be considered as adjoining lots.
   6.   Land designated as the required parking area shall be considered as part of the site of the principal building and the certificate of occupancy for any such principal building shall be valid only during such time as the required number of parking spaces are provided in accordance with this section, and where two (2) parking spaces are on adjoining or other lots other than the one upon which the principal use is located, the certificate of occupancy shall so state and shall be recorded in the office of the registrar of deeds of the county.
   7.   Joint use of required parking space by nonconflicting uses is to be encouraged and shall be permitted; provided, that the maximum parking demands of joint uses occur at nonoverlapping times. Joint uses parking facilities may carry a zoning designation of either principal use. (2010 Code § 22-31)
E.   Commercial And Public Parking Area Construction Standards:
   1.   Paving: All commercial and public use of off street parking areas, aisles and access driveways shall be permanently paved with hard surfaced pavement. The requirement of hard surfaced access driveways may be waived by the city commission in areas not designated for development and in other areas if it is determined that the public convenience, health or safety is not affected. Otherwise, all portions of commercial and public use access driveways on public rights of way connected to paved streets for which the grade has been established must be permanently paved with hard surfaced pavement and comply with all city codes relating to driveway construction. See paving specifications for the city for details. "Permanent hard surfaced pavement" shall mean a surface covering which shall meet or exceed the following minimum standards:
      a.   Two inches (2") of hot asphaltic concrete on a four inch (4") base of stabilized aggregate, or the equivalent thereto, which has been approved by the city commission.
      b.   Four inches (4") of portland cement concrete on a two inch (2") sand cushion base, or the equivalent thereto, which has been approved by the city commission.
      c.   All portions of access driveways on public rights of way: six inches (6") of portland cement concrete on a three inch (3") sand cushion, or the equivalent thereto, which has been approved by the city commission.
   2.   Striping: Off street parking areas shall be designed to provide systematic and orderly circulation, traffic separation devices, and parking spaces in accordance with this section and with sound traffic engineering practices.
      a.   No striping shall be required on lots having only single- family, duplex, triplex or fourplex residential structures.
      b.   All off street parking spaces and means of ingress and egress requiring striping shall be laid out on the parking surface with paint or plastic striping which provide a permanent delineation between spaces, aisles, and surrounding structures and land as follows:
 
 
 
   3.   Separation From Public Right Of Way: All off street parking areas, aisles and access driveways that abut public street rights of way shall have concrete header curb, bumper or landscape timbers designed so that vehicles do not overhang public rights of way or adjacent property.
   4.   Lighting: All lighting equipment used in illumination of off street parking areas shall not create a nuisance or hazard for streets or adjoining properties.
   5.   Clearance:
      a.   There shall be a minimum vertical clearance free of all obstructions to a height of eight feet (8') for all portions of any off street parking space, except when off street parking spaces are provided in a parking structure, a residential garage or carport. No obstruction shall project into this minimum clearance.
      b.   There shall be no obstruction within or near the bounds of any required off street parking spaces which would interfere with the normal availability and use thereof.
   6.   Handicapped Parking:
      a.   Parking spaces for vehicles with handicapped drivers shall be provided in accordance with the following table. Said spaces shall be included in the computation of required spaces as specified by this section.
HANDICAPPED PARKING SPACES
Total Parking In Lot
Required Number Of Handicapped Accessible Spaces
Total Parking In Lot
Required Number Of Handicapped Accessible Spaces
Up to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2 percent of total
Over 1,000
20, plus 1 for each 100 over 1,000
 
      b.   Each and every required handicapped parking space shall be posted by the display of a standard international handicapped wheelchair, symbol sign or legend not less than twelve inches by eighteen inches (12" x 18") in size, permanently mounted aboveground immediately in front of said spaces not more than eight feet (8') from the parking surface to the bottom of the sign. (2010 Code § 22-32)