Riverdale City Zoning Code
ARTICLE VII
Conditional Uses
§ 168-37 Requests for approval.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Board of Adjustment shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use, the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, buffers, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s). A site plan approval shall be required for all conditional uses.
§ 168-38 Second-floor apartments.
A.
Multifamily dwellings, not to exceed four dwelling units on the second floor of any building of which the first floor is devoted to a permitted use enumerated in Schedule A.
B.
The multifamily dwellings shall not comprise more than 55% of the floor area of the building (exclusive of cellars or basements and attics), shall not have interior corridors greater than 20 feet in length, exclusive of stairways.
C.
There shall not be more than one bedroom per dwelling unit and shall not have a floor area of less than 750 square feet.
§ 168-39 Houses of worship.
A.
The minimum lot size shall be three acres. Minimum building setback from a front street line shall be 100 feet. The minimum width of each side yard shall be 50 feet.
B.
The lot shall front on a collector or arterial road as specified in the Borough Master Plan and all ingress and egress shall be limited to such road.
C.
A minimum buffer area of 25 feet shall be provided along any common property line.
D.
A parsonage, convent or rectory is an accessory use. Such use may not exceed 4% of the lot area.
§ 168-40 Parsonages, convents or rectories.
§ 168-41 Schools.
A.
The minimum lot size shall be three acres. Minimum building setback from a front street line shall be 100 feet. The minimum width of each side yard shall be 50 feet.
B.
The lot shall front on a collector or arterial road as specified in the Borough Master Plan and all ingress and egress shall be limited to such road.
C.
A minimum buffer area of 25 feet shall be provided along any common property line.
D.
All recreational equipment and play areas shall be located in rear and side yards only.
§ 168-42 Theaters.
§ 168-43 Gas stations.
A.
Minimum lot size shall be 40,000 square feet, and shall meet the minimum lot dimensions to those required in the Highway Business District.
B.
Minimum building setback from a front street line shall be 100 feet. All pump islands shall be set back a minimum of 30 feet from any street line. Minimum width of each side yard shall be 30 feet. On corner lots, the side street setback line shall conform to that existing or required on the side street. Minimum rear yard depth for service stations shall be 50 feet.
C.
Maximum building coverage of principal building shall be 10%.
D.
Maximum building height. No building shall exceed 15 feet in height and shall consist of no more than one story.
E.
Parking and paved area setbacks shall be those established for the HB Districts.
F.
Parking on the site shall be limited to those vehicles of employees, those which are involved in repairs or servicing at the station and those commercial vehicles accessory and necessary to the operation of the service station. No other parking shall be permitted. No parking shall be permitted on unpaved areas or in the front yard area.
G.
There shall be a minimum of 1,500 feet between service stations, which distance shall be measured from the nearest property lines; provided, however, that this restriction shall not apply to stations located along opposite side lines of a dual highway with traffic lanes divided by a permanent median strip.
H.
All appliances, pits and storage areas other than gasoline filling pumps and air pumps shall be within a building. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
I.
There shall be no outdoor storage or parking in a side or front yard of wrecked, damaged, disabled, or disassembled vehicles, boats or used automotive or marine parts or used supplies or material thereof. Any such storage must be located in a rear yard and shall be screened so that no stored vehicle or article shall be visible from the front, from streets abutting the property or to any adjacent property. The storage of such vehicles or articles shall be considered an accessory use and shall meet the accessory building requirements for the HB Zone.
J.
All garbage receptacles or other outside appurtenances shall be screened by means of adequate landscaping or fencing.
§ 168-44 Automotive dealership.
A.
Minimum lot area for a new or used car facility shall be five acres, with a minimum lot frontage of 200 feet, a minimum lot width of 200 feet and minimum lot depth of 400 feet.
B.
Minimum building setbacks shall be front yard 100 feet, rear yard 100 feet, side yards 50 feet each side.
C.
There shall be only one principal building. Showroom, sales area, office space and service facilities shall all be considered principal uses.
D.
One accessory structure is permitted and must meet the building setbacks for principal building. An accessory structure shall be located at least 50 feet from another building. The accessory structure shall not exceed 4% of the lot area.
E.
The total coverage of all buildings and structures shall not exceed 20% of the lot area.
F.
Building and paved surfaces combined shall not exceed 70% of the lot area.
G.
No banners, pennants, moving or fixed display devices, including inflatables, or other items of an advertising nature shall be erected on the lot or affixed to the exterior of the building or any improvement of on the lot, with the exception of signs as authorized in this chapter.
H.
All areas for customer and employee parking shall be separated from areas used for the storage of vehicles in inventory or for sale by a clearly distinguishable physical barrier or open space.
I.
Vehicle service, including body work, shall be permitted as an accessory use and shall be located entirely within a structure.
J.
The minimum aggregate ground floor area of all buildings shall be 10,000 square feet.
§ 168-45 Gas station with convenience center.
§ 168-46 Banks and fast food establishments with drive-up windows.
A.
There shall be a minimum lot area of two acres. All other yard and bulk requirements of the HB District.
B.
The lot shall be at least 1,000 feet, measured in a straight line, from the nearest property line of another drive-in establishment which is located on either the same or opposite side of the street.
C.
The ground floor area of the building shall be at least 3,000 square feet.
D.
Separate entrance and exit driveways and one-way traffic circulation on the lot shall be maintained. Driveway openings shall be at 24 feet in width with a radius at the curb line of at least three feet. There shall be a safety zone of at least 50 feet between driveway openings and no entrance or exit shall be located within 25 feet of an adjoining property.
E.
Corner lots shall have a curb radius of at least 25 feet and driveway openings shall be at least 50 feet from the radius tangent points.
F.
Off-street parking shall be provided in accordance with the requirements of this chapter. In addition, no parking area shall be located within 10 feet of an adjoining property.
G.
Sidewalks, at least five feet in width, shall be provided along front and side building walls.
H.
Appropriate fire lanes adjoining the building shall be maintained where required.
I.
Trash receptacles for customer use shall be provided adjacent to the parking area conveniently located for all parking spaces. There shall be at least one receptacle for each six parking spaces, but in no event less than four receptacles. Such receptacles shall be of appropriate design which will not detract from the general appearance of the site and shall be well secured to the ground surface.
J.
An area shall be provided for the orderly and convenient deposit and pick-up of trash. Said area shall be located in the rear yard, shall be enclosed on all four sides, with brick or masonry walls, and shall be designed to conform in appearance to the principal building. Said area shall be at least 25 feet from an adjoining property line.
§ 168-47 Home occupation.
A.
Home occupations are defined herein as permitted as conditional accessory uses within residential districts and are also subject to the following regulations:
(1)
The home occupation is practiced only by a member or members of the household or individuals in permanent occupancy of the subject premises.
(2)
The area consumed by the home occupation (business) shall be located within the principal dwelling and limited in area to not more than one room, or 20% of the floor area of the floor level (exclusive of basement) in which use is located, or 300 square feet of floor area, whichever is less.
(3)
There shall be no signs, displays, or activity that will indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence. The public display of goods visible from the public street or abutting properties shall be prohibited.
(4)
The home occupation use and all related activity, including storage, shall be conducted completely within the confines of the dwelling unit.
(5)
There shall be no commodities sold, or direct services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service.
(6)
There shall be no special structural alterations or constructed features to the residence, nor the installation of special equipment attached to walls, floors, or ceilings.
(7)
The home occupation and any related activity shall not create any traffic hazards or nuisances within the public streets and other public rights-of-way and all vehicle parking generated by such operations shall be located on the subject property to which the home occupation is a permitted conditional accessory use.
(8)
There shall be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanation from the structure in which the home occupation is located in excess of that normally associated with a residential use.
B.
Prohibited home occupation uses. The following uses shall not be deemed home occupation uses and are prohibited in all residential zones and in all dwelling units located within nonresidential districts:
(1)
The operation of clinics, hospitals, alcohol rehabilitation facilities and outpatient dispensaries;
(2)
The services of a doctor, dentist, veterinarian, psychologist, nursing or convalescent care or other health-care service which involves patient or client visitation;
(3)
The services of any professional, including but not limited to lawyers, accountants, real estate sales, insurance agents, etc., which involves client visitation;
(4)
Barber shops, beauty parlors, massage parlors, tanning salons, tattoo parlors, or any similar personal services;
(5)
Pet-care/grooming, kennels, animal hospitals or animal recuperation/rehabilitation services, or any similar services for animals;
(6)
Music or dance lessons other than for individual instruction of one pupil at a time;
(7)
The dispensing of food for consumption on and/or off the premises;
(8)
The operation of a taxi service, or the operation of a limousine service having more than one limousine parked on the premises;
(9)
The operation of a business which results in the storage or maintenance of construction equipment such as, but not limited to, backhoes, dump trucks, flat-bed trucks, equipment trailers, tractors, compressors, cement mixers and similar equipment;
(10)
The storage, maintenance, repair or sale of motor-powered equipment such as, but not limited to, automobiles, trucks, motorcycles, motor bikes or lawn mowers; provided, however, that such activities if otherwise lawful may be conducted by residents of the property in connection with motorized equipment owned by such residents for their own personal use;
(11)
The assembly or storage of motor vehicles for shipment; and
(12)
Assembly or manufacturing of any kind.
C.
All home-based businesses, as defined herein, shall be required to register with the Borough. A renewable permit shall be issued by the Borough and shall be renewed by the property owner on an annual basis on or before January 31 each year. A registration fee of $50 shall accompany each application each year.
§ 168-48 Massage, bodywork and somatic therapy.
Massage and related therapies are permitted as conditional accessory uses within designated nonresidential districts and are also subject to the following regulations:
A.
If not a part of a professional office, a stand-alone operation [independent?], the use is restricted to the Highway Business District.
B.
The lot shall be at least 1,500 feet, measured in a straight line, from the nearest property line of another massage therapy establishment which is located on either the same or opposite side of the street.
C.
The minimum gross floor area of an independent therapist's office shall be 1,800 square feet.
D.
The entrance must remain unlocked when open for business.
E.
The entrance to such establishments must be facing Highway Route 23.
G.
All independent therapy establishments shall be required to register with the Borough. A renewable permit shall be issued by the Borough and shall be renewed by the establishment owner on an annual basis on or before January 31 each year. A registration fee of $100 shall accompany each application each year. The application shall include a provision for the license number of each therapist employed at that location.
H.
Must not be located within 1,500 feet, measured in a straight line, from the nearest property line of an adult book, video or novelty type store which is located on either the same or opposite side of the street.
I.
Must not be located within 1,500 feet of a church, school, and residential zone.
§ 168-49 Adult book, video, novelty stores.
A.
The lot shall be at least 1,500 feet, measured in a straight line, from the nearest property line of another adult book, video, or novelty establishment which is located on either the same or opposite side of the street.
B.
The minimum gross floor area shall be 1,800 square feet.
C.
The entrance to such establishments must face Highway Route 23.
D.
Must not be located within 1,500 feet, measured in a straight line, from the nearest property line of an adult book, video or novelty type store which is located on either the same or opposite side of the street.
E.
Sign with lettering no less than six inches in height warning of the adult nature of the contents of the store must be prominently displayed on the door of the entrance.
F.
Must not be located within 1,500 feet, measured in a straight line, from the nearest property line of a massage therapy establishment which is located on either the same or opposite side of the street.
G.
Must not be located within 1,500 feet of a church, school, or residential zone.