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Perry City Zoning Code

ARTICLE III

Supplementary District Regulations

Section 405.080 Special Use Permit.

[R.O. 2011 § 405.080; CC 1990 §42.200]
A. 
The Board of Aldermen may, by special permit, after public hearing and report by the City Planning and Zoning Commission and subject to such protective restrictions that it deems necessary, authorize the location, construction, extension or structural alteration of any of the following buildings or uses or an increase in their height in any district from which they are prohibited or limited by this Chapter.
1. 
Any public building erected and used by any department of a municipal, County, State or Federal government.
2. 
Cemetery or mausoleum.
3. 
Airport landing field or landing strip.
4. 
Greenhouses, provide that any such structures shall not be less than one hundred (100) feet from all property lines.
5. 
Nursery and truck gardens.
6. 
Riding stables, provided that no enclosed structures used for housing, storing or caring for animals shall be located closer than seventy-five (75) feet to any lot line and no open area used as a corral area or exercise yard closer than one hundred (100) feet to any lot line.
7. 
Roadside stands, commercial amusement or recreational development for temporary or seasonal periods.
8. 
Extraction of top soil, gravel, sand or other natural resources except that in any such operations in any district, there shall be a restoration plan filed with the City and such plan shall contain the following:
a. 
An agreement with the City whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the City.
b. 
A physical restoration plan showing the proposed contours after restoration, plantings and other special features of the restoration and the method by which such restoration is to be accomplished.
c. 
A bond written by a licensed surety company, a certified check or other financial guarantee satisfactory to the City in an amount sufficient in the opinion of the Planning and Zoning Commission to secure the performance of the restoration agreement.
d. 
Such agreement and financial guarantee shall be in a form approved by the City Attorney.
9. 
Area for dumping or disposal of trash or garbage.
10. 
Exhibitions and fairgrounds.
11. 
Travel trailer transient parks and mobile home park subdivision provided they shall comply with the following and such additional requirements as may be deemed necessary for proper development and protection of the surrounding area:
a. 
All appropriate State and County sanitation regulations shall be strictly observed.
b. 
All ingress and egress shall be from a permanently hard-surfaced public right-of-way.
c. 
At least fifteen hundred (1,500) square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street or highway than the required front yard setback or closer than twenty (20) feet to any property line; and a clearance of not less than fifteen (15) feet shall be maintained between the trailer coaches on all sides.
d. 
Trailer coach spaces shall abut upon a hard-surfaced driveway or accessway of not less than twenty-five (25) feet in width.
e. 
Services building or other facilities for bathing, laundry and sanitation as required by the State and local health regulations shall be located at least twenty (20) feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard-surfaced walks.
f. 
Wherever practicable, space shall be reserved for recreation and a playground.
12. 
Before issuance of any special permit for any of the above buildings or uses, the City Planning and Zoning Commission shall report to the Board of Aldermen upon the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to public health, public safety or general welfare.
13. 
No action shall be taken upon any application for a proposed building or use above referred to until and unless the report to the City Planning and Zoning Commission has been filed, but such report shall be made within sixty (60) days after the matter has been referred by the Board of Aldermen. If the City Planning and Zoning Commission recommends against the issuance of the special permit, then it may be issued only by an affirmative two-thirds (2/3) vote of the Board of Aldermen.
14. 
All authorizations passed by the Board of Aldermen for special permits shall expire one hundred eighty (180) days after the date of its authorization unless a building permit has been issued and the actual construction started. Where unusual circumstances may prevent compliance with the time requirement for start of construction, the Board of Aldermen may, upon written request by the affected party, extend the time for required start of construction an additional sixty (60) days. Excavation shall not be considered construction for the purpose of enforcing this Chapter.

Section 405.090 Height, Yard And Lot Width Modifications And Variations.

[R.O. 2011 § 405.090; CC 1990 §42.210; Ord. No. 445 §1, 5-1-2012]
A. 
District Regulations. The district regulations set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
B. 
Height. The height regulations prescribed herein shall not apply to televisions and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, or elevator bulkheads. Public, semi-public or public service buildings, hospitals, institutions or schools where permitted may be erected to a height not exceeding sixty (60) feet and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side yard and rear yard are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.
C. 
Front Yards. When thirty percent (30%) or more of the frontage on the same side of the street between two (2) intersecting streets is improved with buildings that have observed a greater or lesser depth of front yard than required by the district in which it is located, no building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the building upon either side of the proposed structure or, if there be buildings upon only one (1) side, then the proposed structure shall observe the same front yard depth as the closest building on that side. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line.
1. 
On lots having double frontage, the required frontage yard shall be provided on both streets.
2. 
Fences may be erected to a height not exceeding three (3) feet along the front yard boundaries of a lot, except that no such fence shall be erected within thirty (30) feet of a street intersection. Fences may be erected to a height not exceeding six (6) feet along the side and rear boundaries of a lot, except that no fence shall be erected within thirty (30) feet of a street intersection.
3. 
An uncovered porch or paved terrace may project into a required front or rear yard for a distance of not more than ten (10) feet. Porches or terraces that are covered or enclosed are considered a part of the main building.
4. 
Filling station pumps and pump islands may be located within a required yard provided they are not less than fifty (50) feet from the boundary of any residential district.
D. 
Side Yards. On a corner lot, the width of the yard along the side street shall be equal to the required front yard setback. No accessory building shall project beyond the required yard setback on either street.
1. 
An unenclosed porch may project into a required side yard provided it is not less than one-half (1/2) the required distance from any side lot line.
2. 
For the purpose of side yard regulations, a two-family or multiple-family dwelling shall be considered as one (1) building occupying one (1) lot. Where a lot of record at the time of the effective date of this Chapter is less than fifty (50) feet in width, the required side yard may be reduced to ten percent (10%) of the width of the lot.
E. 
Rear Yards. Where a lot abuts on an alley, one-half (1/2) of the alley width may be considered as part of the required rear yard.
F. 
Accessory Buildings. Such accessory buildings shall not be nearer than four (4) feet to any rear lot line or to any alley and ten (10) feet from any side property line. No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises.
G. 
The ordinary projection of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed eighteen (18) inches into a required yard.
H. 
More than one (1) main building may be erected upon a lot in the case of commercial or industrial buildings or group of row houses, apartment buildings, hospitals, institutions and public buildings where such uses are permitted, provided that all yards otherwise required on the lot for a single building are observed. Where a lot of record at the time of the effective date of this Chapter has less area than herein required in the district in which it is located and the owner of such lot does not own any adjoining lot, the lot site may be allowed to conform as a single-family lot only.
I. 
Portable Storage Building. Portable storage building are considered portable as long as they are on runners and are no larger than ten (10) feet by twelve (12) feet or one hundred twenty (120) square feet. A portable storage building has to be a minimum of four (4) feet away from any side or rear property line or alley. A larger building will be considered an accessory building set out above in Subsection (E)(1) whether it is on runners or not. All storage buildings require a building permit and may be used in an R-1, R-2 or a C zone. (See Chapter 500, Section 500.030.)
J. 
Portable Carports. Portable carports can be located no closer than twenty (20) feet from the hard surface of any street and no closer than four (4) feet from any side or rear property line or alley. No walls or doors can be installed. Gravel can be used as flooring only. If concrete is used as flooring or if walls are installed, then it will be considered an accessory building set out above in Subsection (E)(1) and be considered permanent. All portable carports require a building permit and may be used in an R-1, R-2 or a C zone. (See Chapter 500, Section 500.030.)

Section 405.100 Off-Street Parking.

[R.O. 2011 § 405.100; CC 1990 §42.220]
A. 
Extent Of Control. The off-street parking and loading requirements of this Chapter should apply as follows:
1. 
All buildings and structures erected and all land uses should provide accessory off-street parking or loading facilities as required hereinafter for the use thereof.
2. 
When a building or structure erected or enlarged prior to or after the effective date of this Chapter shall undergo a decrease in number of dwelling units, gross floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for required off-street parking or loading facilities and, further, when said decrease would result in a requirement for fewer total off-street parking or loading spaces through application of the provisions of this Chapter, the existing parking or loading facilities may be decreased provided that existing off-street parking or loading facilities are so decreased only when facilities remaining would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.
3. 
When a building or structure undergoes any increase in number of dwelling units, gross floor area, seating capacity or other unit of measurement specified hereinafter for required off-street parking or loading facilities and, further, when said increases would result in a requirement for additional total off-street parking or loading spaces through application of the provisions of this Chapter, parking and loading facilities shall be increased so that the facilities will at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.
4. 
The term "floor area," as employed in this Section, means the gross floor area of a building or structure used for or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equipment for display of any sale of merchandise. "Floor area" for the purposes of this Section shall not include any floor space used for:
a. 
Storage accessory to the principal use of a building.
b. 
Incidental repairs.
c. 
Stairways and elevators.
d. 
Show windows.
e. 
Restrooms.
f. 
Utilities.
g. 
Dressing, fitting or alteration rooms.
B. 
Non-Residential Parking In Residential Districts. Accessory off-street parking facilities serving non-residential uses of property may be permitted in any R district, when authorized by the Board of Aldermen after review and study by the Planning and Zoning Commission, subject to the following requirements in addition to all other relevant requirements.
1. 
The parking lot shall be accessory to and for use in connection with one (1) or more non-residential establishments located in adjoining districts or in connection with one (1) or more existing professional or institutional office buildings or institutions, if the parking lot proposed is within three hundred (300) feet of the non-residential use which it is to serve.
2. 
The parking lot shall be used solely for the parking of passenger automobiles.
3. 
No commercial repair work or service of any kind should be conducted on the parking lot.
4. 
No sign of any kind other than signs designating entrances, exits and conditions of use shall be maintained on the parking lot and shall not exceed twenty (20) square feet in area.
5. 
Each entrance to and exit from the parking lot shall be at least twenty (20) feet distant from any adjacent property located in any residential district except where ingress and egress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.
6. 
In addition to the foregoing requirements, such parking lots should conform to any further requirements and conditions as may be prescribed by the Board of Aldermen for the protection of properties adjacent to and in the vicinity of the proposed parking lot.
C. 
Design And Maintenance.
1. 
Parking Space, Description. A required off-street parking space should be an area of not less than one hundred eighty (180) square feet nor less than nine (9) feet wide by twenty (20) feet long measured perpendicularly to the sides of the parking space exclusive of access drives or aisles, ramps, columns or office and work areas, accessible from streets or alleys or from private driveways or aisles leading to streets or alleys and to be used for the storage or parking of passenger automobiles or commercial vehicles under one and one-half (1 1/2) ton capacity. Aisles between vehicular parking spaces should be not less than twelve (12) feet in width when serving automobiles parked at a forty-five degree (45°) angle in one (1) direction nor less than twenty-five (25) feet in width when serving automobiles parked perpendicularly.
2. 
Access. Parking facilities should be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic and so designed as to permit adequate maneuvering area for vehicles to turn around where only one (1) entry or exit is provided in order that no backing of vehicles into the street is required. No driveway or curb cut in any district shall exceed twenty-five (25) feet in width.
D. 
Location Of Parking Areas. Off-street automobile parking facilities shall be located as hereinafter specified; such distance shall be walking distance measured from the nearest point of the parking entrance of the building that the parking area is required to serve.
1. 
For one- and two-family dwellings — on the same lot with the building they are required to serve.
2. 
For three- and four-family dwellings not over two (2) stories in height, row dwellings, not over one and one-half (1 1/2) stories in height — on the same lot or parcel of land as the building they are required to serve. For the purpose of this requirement, a group of such uses constructed and maintained under a single ownership or management shall be assumed to be on a single lot or parcel of land.
3. 
For clubs, hospitals, sanitariums, orphanages, homes for the aged, convalescent homes and for other similar uses — the off-street parking facilities required shall be on the same lot or parcel of land as the main buildings being served or upon properties contiguous to the zoning lot upon which is located the building or buildings they are intended to serve.
4. 
For uses other than those specified above, off-street parking facilities should be provided on the same lot or parcel of land as the main buildings being served or on a separate lot or parcel of land not over one thousand (1,000) feet from any entrance of the main building measured from the nearest point of the parking area, provided the separate lot or parcel of land intended for the parking facilities is located in the same district as the principal permitted use or in a less restricted district.
E. 
Schedule Of Off-Street Parking Requirements.
1. 
Single- And Two-Family Dwellings. One (1) parking space for each family dwelling unit behind the building line.
2. 
Three- Or More Family Dwellings. One and one-half (1 1/2) parking spaces for each dwelling unit behind the building line.
3. 
Bowling Alleys, Recreation Centers, Swimming Pools, Skating Rinks And Other Recreation And Amusement Facilities. One (1) parking space for every five (5) customers computed on the basis of maximum servicing capacity at any one (1) time plus one (1) additional space for every two (2) persons regularly employed on the premises.
4. 
Club Houses And Permanent Meeting Places Of Veterans, Business, Civic, Fraternal, Labor And Similar Organizations. One (1) parking space for every fifty (50) square feet of aggregate floor area in the auditorium, assembly hall and dining room of such building plus one (1) additional space for every two (2) persons regularly employed on the premises.
5. 
Funeral Homes And Undertaking Establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for every two (2) persons regularly employed on the premises and one (1) space for every four (4) seats in the auditorium or chapel of such establishment.
6. 
Hospitals. One (1) parking space for each bed intended for patients, excluding bassinets, plus one (1) per doctor plus one (1) per three (3) employees plus one (1) per hospital vehicle.
7. 
Mobile Homes. One (1) parking space for each mobile home used for dwelling or sleeping purposes.
8. 
Indoor Retail Businesses. Parking or storage for all vehicles used directly in the conduct of such business plus three (3) parking spaces for the first one thousand (1,000) square feet of total area and one (1) additional space for every additional two hundred (200) square feet of floor area.
9. 
Industrial Plants And Facilities. Parking or storage for all vehicles used directly in the conduct of such industrial use plus one (1) parking space for every two (2) employees on the premises at maximum employment on a single shift.
10. 
Junior And Senior High Schools. One (1) parking space for every eight (8) seats available at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space shall be provided for each person regularly employed at such school plus two (2) additional spaces for each classroom.
11. 
Libraries, Museums, Post Offices And Similar Establishments. Parking or storage space for all vehicles used directly in the operation of such establishments plus three (3) parking spaces for the first one thousand (1,000) square feet of total floor area and one (1) additional space for every additional two hundred (200) square feet of floor area.
12. 
Medical And Dental Clinics. Three (3) parking spaces for each doctor plus one (1) additional space for every two (2) regularly employed.
13. 
Nursing Homes. One (1) parking space for every two (2) beds occupied at maximum capacity plus one (1) space for every two (2) regular employees. This requirement is in addition to the parking space requirements for hospitals set forth in Subsection (E)(6) above.
14. 
Offices. One (1) parking space for every three hundred (300) square feet of office space.
15. 
Outdoor Retail Businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person employed on the premises based on maximum seasonal employment and such additional space as may be required by the Planning and Zoning Commission based on the nature of the business and other relevant factors.
16. 
Public And Private Elementary Schools. One (1) parking space for each person regularly employed at such school plus one (1) additional space for each classroom.
17. 
Public Garages. Indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business plus three (3) parking spaces for each person regularly employed on the premises.
18. 
Repair Shops, Plumbing Shops, Electrical Shops, Roofing Shops And Other Service Establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus two (2) parking spaces for each person regularly employed on the premises.
19. 
Restaurants And Other Eating And Drinking Establishments. One (1) parking space for every two hundred (200) feet of total floor area.
20. 
Self-Service Laundries. One (1) parking space for every two (2) washing machines.
21. 
Service Stations. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for each gas pump, three (3) spaces for each grease rack or similar facility and one (1) space for every two (2) persons employed on the premises at maximum employment on a single shift.
22. 
Theaters, Auditoriums, Churches, Stadiums, Civic Centers And Other Places Of Public Assembly. One (1) parking space for every six (6) seats available at maximum capacity.
23. 
Motels And Hotels. One and one-half (1 1/2) parking spaces for each sleeping room offered for tourist accommodation plus one (1) space for each dwelling unit on the premises.
24. 
Transportation Terminals. One (1) parking space for every one hundred (100) square feet of waiting room space.
25. 
Universities, Colleges, Junior Colleges, Technical Schools And Academies And Similar Institutions Of Higher Learning. One (1) parking space for every six (6) seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space shall be provided for each person regularly employed at such institution plus five (5) additional spaces for each classroom.
26. 
Warehouses, Freight Terminals And Trucking Terminals. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person regularly employed on the premises.
27. 
Wholesale Businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person employed on the premises based on maximum seasonal employment.