Whitaker City Zoning Code
ARTICLE X
Supplementary Requirements
§ 440-19 Exceptions, additions or modifications.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary requirements.
§ 440-20 Off-street parking.
On or after (date of adoption) no application for a building permit for the construction or substantial reconstruction of any principal building shall be approved unless there is included with the plan for such building a plot plan, showing the number of off-street parking spaces to be provided in connection with such construction or reconstruction in accordance with the regulations set forth herein.
A.
The minimum number of off-street parking spaces to be provided for every new or substantially reconstructed building shall be as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Buildings | Number of Parking Spaces | |
|---|---|---|
Dwellings | 1 space per dwelling unit | |
Funeral homes | 5 spaces per every chapel or parlor room plus 1 space for each funeral vehicle maintained on the premises | |
Establishments handling sale and consumption on the premises of food and refreshments | 1 space per every 50 square feet of floor area devoted to patron use | |
Banks, business or professional offices (except where otherwise stated) | 1 space per every 300 square feet of first floor area plus 1 space per every 400 square feet of floor area above the first floor | |
Retail stores (individual or in groups), devoted to retail sales under one roof | ||
C2 District | 1 space per every 150 square feet of first floor area plus 1 space per every 300 square feet above the first floor | |
Manufacturing and industrial uses, research and testing laboratories, laundry and dry-cleaning, plants, printing, binding, and publishing of newspapers and other reading matter, warehouses and storage buildings, processing and distribution of materials and other similar uses | 1 space per every 4 persons employed at any work period, day or night, when the maximum number of persons is employed | |
Special uses: airports, public utility and service uses, penal or correction institutions, convents and monastaries depots and other passenger terminals, and any other uses not covered elsewhere | An adequate number as determined by the Borough Planning Committee | |
B.
When determination of off-street parking results in a requirement of a fractional space, any fraction shall be counted as one parking space.
C.
For the purpose of this section, one automobile parking space shall be assumed to be 200 square feet of area, exclusive of adequate interior driveways or ingress and egress driveways to connect the parking space with a public street or alley.
D.
No open space established as off-street parking shall be encroached upon by building storage or any other use, nor shall the parking space be reduced in any way except upon the approval of the Zoning Hearing Board and then only after proof that the off-street parking spaces provided are no longer needed by reason of the reduction in floor area, seating area, or other factors controlling the regulation of such parking facilities as established in this section.
E.
All off-street parking shall be located on the site or conveniently near to the principal building which is being served by the parking. At any time that such parking becomes continually unavailable as a general parking area, the permit for the building or buildings built in connection with such parking areas shall be cancelled and become null and void.
F.
All open parking areas containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on a property situated in a Residential District or any institutional premises by a wall, fence, or densely planted compact hedge not less than five feet in height. Such required screening shall conform with the front and side yard setback requirements of the district in which the parking is located.
G.
Each required off-street parking space shall open directly upon an aisle or drive of such design as to provide safe and efficient means of vehicular access to a street in a manner which will least interfere with traffic movements. No driveway across public property or curb shall exceed a width of 25 feet.
H.
All open off-street parking spaces, except a single parking space accessory to a one-family dwelling, shall be improved with a bituminous or other dust-free surface.
I.
All parking areas in Commercial and Industrial Districts shall be suitable illuminated for night use. Any lighting used to illuminate off-street parking areas shall be directed away from property in a Residential District.
J.
All garage or other space within buildings or in basements or open space on the roofs of buildings, allocated for the parking of vehicles, shall be considered as part of the off-street parking facilities and may be included in computing the area requirements as outlined in this section.
§ 440-21 Off-street loading.
On or after (date of adoption) no application for a building permit for the construction or substantial reconstruction of any principal building shall be approved unless there is included with the plan for such building a plot plan showing the amount of off-street loading berths to be provided in connection with such construction or reconstruction in accordance with the regulation set forth as follows:
A.
The following number of off-street loading berths shall be required for the following building types and sizes. Unless otherwise specified a loading berth shall be at least 25 feet in length and 10 feet in width exclusive of aisle and maneuvering space.
Building Type | Floor Area (square feet) | Number of Loading Berths Required |
|---|---|---|
Banks | Less than 40,000 | 0 |
40,000 to 100,000 | 1 | |
More than 100,000 | 1 for each 100,000 or fraction thereof | |
Manufacturing and industrial buildings | Less than 2,000 | 0 |
2,000 to 40,000 | 1 | |
40,000 to 100,000 | 2 | |
More than 100,000 | 2 plus 1 for each additional 100,000 or fraction thereof | |
Retail establishments (individual or in groups); (includes also the sale and consumption of alcoholic beverages, food or refreshments) | Less than 2,000 | 0 |
2,000 to 5,000 | 1 | |
5,000 to 25,000 | 2 | |
25,000 to 40,000 | 3 (includes 1 berth 10' x 45') | |
40,000 to 100,000 | 4 (includes 2 berths 10' x 45') | |
100,000 to 250,000 | 5 (includes 3 berths 10' x 45') |
B.
All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two-ton capacity shall be closer than 30 feet to any property in a Residential District unless completely enclosed by building walls, or a uniformly painted wall or fence, or any combination thereof, not less than five feet in height. No permitted or required loading space shall be located within 30 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front or side yard and any loading berth located in a required rear yard shall be open to the sky.
C.
Each required off-street loading space shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with traffic movements.
D.
All drives and loading berths shall be surfaced with a bituminous or other dust-free surface.
E.
No motor vehicle repair work or service shall be permitted in conjunction with loading spaces.
F.
Space allocated to off-street loading shall not be used to satisfy the space requirements for off-street parking.
G.
For special uses other than those prescribed for herein off-street loading berths adequate in number and size, shall be provided as determined by the Borough Planning Committee.
§ 440-22 Signs.
A.
The following signs are permitted for the following buildings in the following zoning districts in accordance with the limitations and regulations set forth herein:
Type of Signs Permitted | Buildings and Zoning Districts | Maximum Gross Surface Area (square feet) | Maximum Projected Height Above the Level of Ground Over Which it is Located (feet) | Number of Signs Permitted* |
|---|---|---|---|---|
Nonflashing, nonilluminated, identifying name, address, and/or occupation of occupant | All buildings Residential Districts | 2 | 15 | 1 per dwelling unit |
Nonflashing, identifying building name, address and/or management | Multifamily and nonresidential buildings in Residential Districts | 8 | 15 | 1 per principal building |
Real estate signs | All buildings in Residential Districts | 10 | 15 | 1 per lot |
Church bulletins or similar announcements of regular programs | All religious or other nonprofit institutional buildings | 15 | 15 | 1 per principal building |
Nonilluminated, nonflashing business signs | All buildings in C2 Commercial District | 1 times the lineal feet of lot frontage | 20 | 1 per business establishment |
Illuminated, nonflashing business signs | All buildings in C2 Commercial District | 0.5 times the lineal feet of lot frontage | 20 | 1 per business establishment |
Nonilluminated, nonflashing, business signs | All buildings in Commercial and Industrial Districts | 2 times the lineal feet of lot frontage | 40 | 1 per business establishment |
All industrial buildings | 55 | |||
Illuminated, flashing, business signs | All buildings in Commercial District and Industrial Districts | 1 times the lineal feet of lot frontage | 40 | 1 per business establishment |
All industrial buildings | 55 |
NOTES: | |
|---|---|
* | On a corner lot in a residential district two signs, one facing each street, shall be permitted. |
B.
All signs referred to herein shall be constructed of durable materials and shall be kept in good condition and repair.
C.
No sign shall project beyond the property line into the public right-of-way nor shall it in any way obscure or tend to conflict with any traffic control lights, signs or other devices intended to regulate the flow of traffic and to provide for the safety of the general public.
D.
Signs or awnings shall be exempt from the limitations imposed by this chapter on the projection of signs in Commerical and Industrial Districts across property lines into public rights-of-way, provided that any sign located on an awning shall be affixed flat to the surface thereof, shall be nonilluminated and shall indicate only the name and/or address of the establishment.
E.
No business sign in any Commercial District or any Industrial District shall be permitted within 40 feet of any parcel in a Residential District.
F.
No advertising sign shall be permitted in any district except in R3 Residential Districts, where 10 or more contiguous lots in common ownership are simultaneously for sale; then and only then shall a sign advertising the lots or houses to be built on said lots be permitted providing the sign does not exceed 30 square feet in gross surface area and is within 1,300 feet of the nearest lot which is for sale. Said sign shall not be constructed unless a building permit is issued by the Borough Building Inspector, and shall be removed not later than two years after receipt of such permit.
§ 440-23 Funeral homes.
No funeral home shall be erected, added to or structurally altered unless it is within the proper use district and is erected, added to or altered in accordance with the requirements herein:
A.
There shall be no crematory, receiving vaults, nor external display of merchandise on the premises.
B.
The principal building shall be located not less than 50 feet from the street line.
C.
No lot or part on either side of the street lying within 100 feet of the building lines of the existing or proposed funeral home shall be in an R3 Residential District.
D.
One off-street loading berth shall be provided for every 100,000 square feet of floor area. Loading and unloading of merchandise and cadavers shall not occur, under any circumstances on public property.
E.
A building or occupancy permit shall not be issued unless there are filed with the application for permit, the written consents of the owners, in interest and number, of 60% of all the property within 200 feet of the proposed structure and not separated therefrom by more than one street 40 feet or more in width. In computing the percentage of consents required under this provision so much property as is already used for commercial and business purposes shall be counted as consenting. Property owned by the applicant shall not be included in such consents.
§ 440-24 Fences, walls and hedges.
Fences may be erected, installed or maintained within any required yard or along the edge of any yard in accordance with following requirements:
A.
Height limitations.
(1)
Rear lot line. No fence shall be more than six feet in height in or along any rear lot line of any existing or proposed dwelling.
(2)
Side lot line. No fence shall be more than six feet in height in or along any side lot line between the rear lot line and the front line of a building as defined in Article III of this chapter.
(3)
Front building line. No fence shall be more than six feet in height in or along the front line of a building to the side lot line.
(4)
Front. No fence shall be more than four feet in height in or along the front lot line and on any side lot line from the front lot line to the front of the building line. (See Figure No. 8 — Areas Where Fences Shall be Permitted.)
B.
Materials and composition.
(1)
Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air or which may cause a nuisance, a fire hazard or a dangerous condition, is hereby expressly prohibited.
(2)
The following fences and fencing materials are specifically prohibited:
(a)
Barbed or razor wire.
(b)
Short pointed fences.
(c)
Canvas fences.
(d)
Cloth fences.
(e)
Electrically charged fences.
(f)
Temporary fences such as snow fences unless on construction sites with permission of the Building Inspector.
(g)
Expandable fences and collapsible fences, except during construction of a building.
(3)
All chain link fences shall be erected with the closed or open loop at the top of the fence.
(5)
Except where such installation is not feasible due to physical or spatial limitations of the zoning lot, an entrance or gate installed with a fence shall open onto the zoning lot. An entrance or gate installed with a fence that is used exclusively for motor vehicle access either must open onto the zoning lot or slide along the length of the fence.
(6)
No fence shall be multicolored.
(7)
Any fence, whether constructed of wood, metal, wire, mesh, plastic or masonry shall have the smooth side or finished side facing to the outside of the property of the owner installing the fence.
(8)
All fences or walls must be erected three inches from the applicable lot line and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with the visibility of vehicular or pedestrian traffic.
(9)
Decorative or landscape plantings, shrubs, evergreens, deciduous plantings and similar plants which are not designed or intended as fencing are permitted in any yard and shall adhere to the height provisions of this section, provided that such plantings do not obstruct traffic or driveway access, are maintained and kept at safe and aesthetically pleasing heights and are not detrimental to adjoining properties. If such plantings obstruct traffic or driveway access, then they shall be cut to a height of three feet by order of the Code Enforcement Officer of the Borough.
(10)
All fences shall be durable, properly maintained and not detrimental to adjoining property.
 No. 8. Areas Where Fences shall be Permitted |
§ 440-25 Visibility at intersection in residential districts.
On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 and 10 feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.
§ 440-26 Accessory buildings.
A.
No permanent accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
B.
No detached accessory building or buildings shall occupy more than 25% of the area of a required rear yard.
C.
No detached accessory building shall exceed 15 feet in height above the average level of the ground upon which it stands.
D.
No accessory building in a residential district shall be located in any front yard. No accessory building shall be located in any side yard nearer to the side lot line than the minimum width required for a side yard for the principal buildings.
E.
On corner lots in addition to the above requirements, no accessory building in a side yard shall be nearer a street than the least depth of any front yard required along such street.
F.
A building attached to the principal building by a covered passageway, or by having a wall or a part of a wall in common with it, shall be considered an integral part of the principal structure and not an accessory building.
§ 440-27 Accessory buildings used as rear dwellings.
No accessory building in the rear of a principal building and on the same non-through-lot shall be used in whole or in part as a dwelling, unless an unobstructed easement of access at least 20 feet wide is provided from the said dwelling to the street. Within the lines of such easement shall be constructed a graveled or other paved way sufficient in width and thickness to accommodate fire apparatus or other emergency equipment. Such accessory building shall conform to all district regulations for principal buildings, and the rear line of the required rear yard for the principal buildings, and the rear line of the front lot line for the accessary building in the rear. This provision does not apply to any group of dwellings built as a part of a planned development or to accessory buildings occupied by persons employed on the premises.
§ 440-28 Number of principal buildings on a zoning lot.
Except in the case of planned and approved developments, not more than one principal detached residential building shall be located on a zoned lot, nor shall a principal detached residential building be located on the same zoned lot with any other principal building.
§ 440-29 Lot area requirements.
A.
The maintenance of yards, courts and other open spaces as well as the minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or the minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.
B.
No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such subdivision or sale shall conform with all the area regulations of the zoning district in which the property is located.
C.
All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D.
On or after (date of adoption) no lot shall be so reduced in area that any required yards or open areas will be smaller than, or further reduced, if already less than, the minimum regulations for the district in which said lot is located.
§ 440-30 Permitted obstructions in required yards.
The following obstructions shall be permitted in required yards and shall not be considered in the determination of the size of yards or lot coverage in accordance with the following regulations:
A.
A paved terrace, provided that said terrace is unroofed; without walls, parapets or other form of enclosure; with the exception of an open guard railing not exceeding three feet in height; not over four feet above the average level of the ground upon which it is located; and shall not project into any yard to a point closer than four feet from any lot line.
B.
An unenclosed, one-story porch, erected on piers, even though roofed over, may project into a required yard area a distance not to exceed six feet provided that such a porch shall not be closer than four feet at any point to any lot line, and that no building shall have such porches projecting into more than one required side yard. Any two-story or any enclosed porch, or one having a solid foundation and capable of being enclosed shall be considered a part of the building and shall not be permitted in a required side yard.
C.
Steps which are necessary for access to a permitted building, provided that said steps shall not exceed four feet, at their highest point, above the ground over which they are located.
D.
Bay windows, window sills, cornices, eaves and other architectural features provided that such features do not project into any required yard more than two feet and that the sum of such projections on any wall does not exceed 1/3 the length of said wall.
E.
Open fire escapes provided that said fire escapes do not project into any required yard more than 4 1/2 feet.
§ 440-31 Height regulations.
A.
The height limitation of this chapter shall not apply to church spires, belfries, cupolas, domes, nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
B.
The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.
C.
No exception to the height limit shall be permitted in any district with which is combined an airport hazard district, except to the extent that the maximum height limit specified in such airport hazard district exceeds the height limit specified in the zoning district.