Summit City Zoning Code
ARTICLE XI
Regulations Governing Certain Conditional Uses
§ 35-11.1 General.
The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area and does not have any substantial adverse effect on surrounding properties. No building, structure or premises shall be used unless in conformance with the conditions listed below.
§ 35-11.2 Requirements for specific uses.
A.
Educational institutions.
1.
Minimum lot area: two acres.
2.
Minimum frontage: 200 feet.
3.
Minimum front yard: 50 feet.
4.
Minimum rear yard: 50 feet.
5.
Minimum side yards (each): 50 feet.
6.
Maximum building height (excluding spires, steeples, cupolas, and other ornamentation): same as zoning district requirements for permitted uses.
7.
Side buffer. A strip of land 20% of the average width of the property, but not to exceed 50 feet, shall be planted and maintained as a landscaped side yard buffer in each side yard that abuts a residential zone or use.
8.
Rear buffer. A strip of land 20% of the average depth of the property, but not to exceed 50 feet, shall be planted and maintained as a landscaped rear yard buffer if the rear yard abuts a residential zone or use.
9.
Maximum lot coverage: 40%.
10.
Maximum building coverage: 15%.
11.
Parking shall only be permitted in side and rear yards.
12.
Minimum parking setback from property lines: 20 feet.
B.
Gasoline service stations and automotive repair facilities.
1.
Such use shall have a street frontage of at least 100 feet and an average depth of at least 150 feet. Corner lots shall have a street frontage of at least 150 feet along each street frontage.
2.
The walls of any building or structure, other than gasoline- or oil-filling devices, shall be set back at least seven feet from every adjoining property line and at least 25 feet from any street right-of-way line. For any repair garage or gasoline service station that abuts a residential zone, the minimum side or front yard setback for the residential zone shall apply.
3.
The entrance and exit driveway or driveways to and from any gasoline service station shall be at least 18 feet wide but not more than 25 feet wide, located at least 10 feet from any adjoining property line and at least 20 feet from the corner of any intersecting public streets. Driveways shall be designed so that exiting vehicles do not have to back out onto any public sidewalk, street or right-of-way.
4.
The entrance and exit driveway or driveways to and from any automotive repair facility shall be 18 feet wide.
5.
A perimeter, curbed, landscaped area, at least five feet wide, shall be required along all front property lines, except for areas devoted to ingress and egress driveways, and along side and rear property lines when adjacent to paved areas. No sign or other object or device shall be parked or placed thereupon, other than those shown on the approved site plan.
6.
All services or repairs to or for motor vehicles shall be conducted within the confines of a building, except the sale and supply of oil and gasoline and other fluids, and the filling of tires, and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories.
7.
Storage facilities for gasoline, oil or other flammable materials in bulk over 55 gallons shall be located wholly underground unless otherwise required by law. No gasoline pump shall be located or permitted within any enclosed or semienclosed building.
8.
Every gasoline or oil filling device shall be located at least 60 feet from any street right-of-way line, and at least 50 feet from any side or rear property lines.
9.
At any gasoline service station where motor vehicles to be repaired will remain more than 24 hours, a solid fence, at least six feet in height and a minimum of 25 feet from the street right-of-way, made of a composition which will effectively screen the property, shall be placed to effectively screen views from the street.
10.
No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. Other than employee's vehicles, no more than six motor vehicles may be located outside a service station building for a period not to exceed five days provided the owners are awaiting the repair of said motor vehicles.
11.
The exterior display and parking of equipment for rent or sale shall be permitted subject to site plan review, provided the area devoted to this purpose does not exceed 10% of the total lot area, and the number of vehicles for sale or rent does not exceed two vehicles at any given time, the maximum sign area for a service station is not exceeded, and that the location of the equipment being rented or sold does not interfere with the off-street parking requirements for the service station and does not interfere with the traffic circulation indicated on the approved site plan.
12.
Such uses that are located less than 200 feet from a residential lot in a residential zone, measured from the perimeter of the lot line to the nearest point of the residential lot in the residential zone, shall be closed between the hours of 11:00 p.m. and 6:00 a.m.
13.
Convenience retail stores shall be a permitted accessory use associated with a gasoline service station and shall be subject to the parking requirements for retail uses.
C.
Houses of worship.
1.
Minimum lot area: two acres.
2.
Minimum frontage: 200 feet.
3.
Minimum front yard: 50 feet.
4.
Minimum rear yard: 50 feet.
5.
Minimum side yards (each): 50 feet.
6.
Maximum building height (excluding spires, steeples, cupolas, and other ornamentation): same as zoning district requirements for permitted uses.
7.
Side buffer. A strip of land 20% of the average width of the property, but not to exceed 50 feet, shall be planted and maintained as a landscaped side yard buffer in each side yard that abuts a residential zone or use.
8.
Rear buffer. A strip of land 20% of the average depth of the property, but not to exceed 50 feet, shall be planted and maintained as a landscaped rear yard buffer if the rear yard abuts a residential zone or use.
9.
Maximum lot coverage: 40%.
10.
Maximum building coverage: 15%.
11.
Parking shall be only in side and rear yards.
12.
Minimum parking setback from property lines: 20 feet.
D.
Institutional uses or structures.
1.
The property on which the structure or building is to be constructed or the activities conducted must contain a minimum of two acres.
2.
No building shall be closer than 50 feet to the side or rear line of any adjacent property. These 50 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in this chapter.
3.
No building or structure shall be closer than 50 feet to any front property line or less than 50 feet from any other structure.
4.
All buildings must be served by driveways to be approved as to size, curvature, grade and surface to provide easy access for emergency vehicles, such as police and fire equipment.
5.
No parking shall be permitted between the front building line and the street right-of-way.
G.
Public utilities.
1.
The building shall be designed to be residential in appearance.
2.
The lot shall be landscaped consistent with the residential character of the neighborhood.
3.
Parking shall only be permitted in the side or rear yard. No more than two spaces are permitted.
4.
No employees shall be permitted to work on a regular basis in the building.
H.
Wireless telecommunications systems and equipment. (Reserved).