Williamsport City Zoning Code
TITLE SEVEN
SUPPLEMENTARY ZONING REGULATIONS
§ 1343.01 APPLICATION OF REGULATIONS.
The dimensional requirements for each district pertaining to minimum lot size, minimum lot area per dwelling unit, minimum lot width, minimum lot depth, maximum building height, maximum lot coverage, maximum floor area ratio, minimum usable open space per dwelling unit, minimum front yard depth, minimum side yard width and minimum rear yard depth shall be as specified in this section and set forth in § 1343.02, except as expressly modified by other applicable sections of this Zoning Ordinance or by variances granted by the Zoning Hearing Board.
(Ord. 5745, approved 4-16-1998)
§ 1343.02 TABLE OF HEIGHT, AREA AND BULK REGULATIONS.
The following dimensional requirements shall apply for the following districts:
District | Use
|
Minimum Lot | ||
Area (Sq. Ft.) | Width (Ft.) | Depth (Ft.) | ||
District | Use
|
Minimum Lot | ||
Area (Sq. Ft.) | Width (Ft.) | Depth (Ft.) | ||
R1A | Any structure or principal use | 25,000 | 150 | 100 |
R1B | One-family detached dwelling | 9,800 | 70 | 100 |
Other structure or principal use | 20,000 | 140 | 100 | |
R2 | One-family detached dwelling | 6,000 | 50 | 100 |
One-family attached dwelling | 2,000 | 20 | 80 | |
4,000 (end units) | 35 (end units) | |||
Two-family dwelling | 8,500 | 50 | 100 | |
Other structure or principal use | 12,000 | 100 | 100 | |
R3 | One-family detached dwelling | 6,000 | 50 | too |
One-family attached dwelling | 2,000 | 20 | 80 | |
3,000 (end units) | 30 (end units) | |||
Two-family dwelling | 8,500 | 50 | 100 | |
Multi-family dwellings: | ||||
1 - 3 stories | 4,000 2,000/unit (f) | 70 | 100 | |
4+ stories | 4,000+ 1,000/unit (f) | 100 | 100 | |
Other structure or principal use | 10,000 | 100 | 100 | |
RU | See § 1343.03 | |||
INST | Any structure or principal use (d) | 10,000 | 80 | 100 |
CC | Any structure or principal use (d) | - | - | |
CBD | Any structure or principal use (d) | - | - | - |
CS | Any structure or principal use (d) | 10,000 | 100 | 100 |
ML | Any structure or principal use | 15,000 | 100 | 150 |
MH | Any structure or principal use | 20,000 | 100 | 100 |
O | Any structure or principal use | 50,000 | 200 | 200 |
Zoning District | Min. Front Yard (feet) | Min. Rear Yard (feet) | Min. Each Side Yard (feet) | Max. Building Height in Stories (g) | Max. Building Height in Feet (g) | Max. Percent of the Lot Area that can be Covered by Buildings (j) |
Zoning District | Min. Front Yard (feet) | Min. Rear Yard (feet) | Min. Each Side Yard (feet) | Max. Building Height in Stories (g) | Max. Building Height in Feet (g) | Max. Percent of the Lot Area that can be Covered by Buildings (j) |
RIA | 25 | 50 | 20 | 2.5 | 35 | 20% |
RIB | 25 | 30 | 10 | 2.5 | 35 | 25% |
R2 | 25 | 30 | 6 (a) | 2.5 | 35 | 50% |
R3 1) For uses other than multi-family dwellings | 1) 15 | 1) 25 | 1) 6(a) | 1) 2.5 | 1) 35 | 1) 50% |
2) For multi-family dwellings | 2) 15 | 2) 30 | 2) 30 | 2) 4 | 2) 50 | 2) 50% |
RU - Section 1343.03 applies. | ||||||
INST | 20 | 25 | 20 | 12 for a hospital, 5 for other uses | 150 for a hospital, 70 for other uses | 50%(may be based upon adjacent land in common ownership) |
CC | -(k) | 15 | 3(b)(c) | 4 | 50 | 70% |
CBD See also the Design Standards for the CBD district in Section 1379.11 of the City Subdivision and Land Development Ordinance. | 0(h) | 0 | 0(c) | 12 | 200, except 70 feet within 30 feet from the lot line of a residentially - used lot in a residential district | 95% |
CS | 10 | 15 (i) | 3(c)(i) | 4 | 50 | 70% |
ML | 10 | 15 (i) | l0(c)(i) | 4 | 60 | 70% |
MH | 25 | 15 (i) | 10 (c)(i) | 4 | 60 | 70% |
O | 25 | 15 | 15 | 2.5 | 35 | 10% |
NOTES TO TABLE:
Min. = Minimum. Max. = Maximum (a) A 10-foot wide side yard is required along the side lot at the end of each row or block of attached dwellings. (b) Where side yards are provided, they shall be a minimum of 3 feet in width. (c) Except where abutting an R or INST District, in which case the side yard shall be a minimum of 15 feet. (d) A minimum of 1,000 square feet of lot area shall be required for each dwelling unit, unless conditional use approval is granted to allow a minimum of 500 square feet of lot area for each dwelling unit. (e) The lower figure shall apply to buildings of 1 story; the higher figure shall apply to buildings of 2 or more stories. (f) In multi-family dwelling projects of 50 or more units, 0.13 square feet of recreation space shall be provided for each square foot of floor space. (g) Where height is measured in stories and feet, the more restrictive requirement shall apply. (h) In the CBD district, at least 50 percent of length of a building wall parallel to a public street of any new principal building shall have a maximum front building setback along a public street of 20 feet. A larger maximum building setback shall be allowed as necessary for the purpose(s) of only accommodating an outdoor cafe, pedestrian plaza or a vehicle entrance to a parking structure. The intent is to have new parking to the side and rear of the building. On a lot that abuts more than one public street, this provision shall only apply to the most heavily traveled of the abutting streets. In the CBD district, as part of any new principal building, at least one exterior door that is available for use by customers or patrons shall be placed facing onto a public street, or within 30 feet from a public sidewalk along a street. (i) Except 30 feet from the lot line of a residentially-used lot in a residential district for an industrial use, an area routinely used as a tractor-trailer loading dock, an area used for the bulk storage of hazardous uses, or a gasoline station. (j) Where individual dwellings or buildings are owned in a condominium or similar arrangement, the maximum building coverage may be based upon the entire development tract, as opposed each individual lot. (k) Newly constructed buildings within the CC district shall be built to the front setback of one of the following: (1) the majority of the existing building on the block faces on the same side of the street, where the Zoning Officer determines there is a prominent setback. (2) the average of front yard setbacks of existing buildings on adjoining properties. A larger front yard setback shall be allowed for the sole purpose of providing space for outdoor restaurant seating or a landscaped pedestrian plaza, or to accommodate vegetated storm water infiltration areas or rain gardens. |
(Ord. 5745, approved 4-16-1998; Ord. 6003, approved 9-15-2005; Ord. 6402, approved 2-4-2021)
§ 1343.03 RESIDENTIAL RU DISTRICT.
In Residential RU Districts, the governing provisions for height, area and bulk shall be as follows:
(a) Waiver. The provisions of § 1343.02 are specifically waived. The provisions of § 1333.05 relating to uses permitted in RU Districts, the provisions of § 1345.01 relating to off-street parking requirements and the applicable design provisions contained in subsections (b) through (i) hereof and in the subdivision and land development regulations may be waived by Council, providing the advantages of such a waiver are clearly demonstrated with a site plan to be recommended by the Planning Commission and approved by Council. All other provisions of the Zoning Ordinance applying to RU Districts shall remain in full force and effect.
(b) Site area. Each site to be developed in an RU District shall be in one ownership or composed of two or more contiguous parcels in separate ownership; provided, any application involving separate ownership shall be the joint application of all landowners involved. Each site shall comprise a land area of not less than five acres.
(c) Floor area. The floor area of all buildings upon each site may not exceed 50% of site area; the floor area of all residential buildings may not exceed 40% of site area.
(d) Density. The overall density shall not exceed 25 dwelling units per acre.
(e) Lot area. If single-family units, either detached or attached, are proposed, each single-family unit shall have a lot area set aside for private usage, whether such unit is intended for sale or not. The minimum lot area for each single-family detached dwelling unit shall be 6,000 square feet. The minimum lot area for each single-family attached dwelling unit shall be 1,350 square feet.
(f) Open space. Upon any proposed site, that portion of the site devoted to open space shall be an area equal in size to 1.1 times the total residential floor area. If any portion of such open space is proposed for dedication or for common ownership or management, the provisions of § 1381.03 shall be met. OPEN SPACE is defined as the total horizontal area of all portions of the site not covered by buildings, parking areas, streets or access drives and lot areas devoted to private single-family usage or commercial usage.
(g) Recreation space. Upon any proposed site, a portion of the site shall be developed for recreational purposes. The portion of the site area so developed shall be an area or areas equal in size to 0.13 times the total floor area.
(h) Yard requirements. Normal yard requirements are waived except that, along the exterior property lines of each site, yards equal to the rear yard requirements of the abutting district shall be provided and, along any exterior street lines, yards equal to the front yard requirements of the adjacent district shall be provided.
(i) Building spacing. On any site, no two detached buildings shall be closer to one another than the average height of the two buildings at any two points of comparison.
(Ord. 5745, approved 4-16-1998)
§ 1343.04 NEW CONSTRUCTION RESULTING IN TWO OR MORE PRINCIPAL BUILDINGS ON A LOT.
If one or more new principal building(s) are constructed on a lot so as to result in a total of two or more principal buildings on the lot, with two or more different principal uses present on the lot, then the following additional requirements shall apply.
(a) The lot must meet the minimum lot area specified in the district, and shall not have non-conforming lot area. Where different dimensional requirements apply to different uses, the most restrictive requirement shall apply.
(b) Special exception approval shall be required. The applicant shall show that there is adequate access for emergency vehicles and equipment.
(c) Any new construction shall meet all applicable yard requirements. The total development of the lot shall meet all lot coverage requirements.
(d) The requirements of this section shall not apply with the CBD District.
(e) For a lot with two or more existing principal buildings, see § 1323.02(b).
(Ord. 5745, approved 4-16-1998)
§ 1344.01 GENERAL PERFORMANCE STANDARDS.
After the effective date of this Zoning Ordinance (Ord. 4477, approved 9-9-1971), all uses and activities shall comply with the standards specified in this article.
(Ord. 5745, approved 4-16-1998)
§ 1344.02 NOISE.
(a) No land use or its operations shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:
Sound Level Limits by Receiving Land Use/District | ||
Land Use or Zoning District Receiving the Noise | Hours/Days | Maximum Sound Level |
10 feet inside a lot in a residential district | 1) 7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, July 4, Labor Day and Memorial Day | 1) 67 dBA |
2) 9:00 p.m. to 7:00 a.m., plus all day Sundays, Christmas Day, Thanksgiving Day, New Years Day, 4th of July, Labor Day and Memorial Day | 2) 60 dBA | |
10 feet inside a lot in an industrial district | All times and days | 75 dBA |
10 feet inside any lot line not listed above | All times and days | 70 dBA |
NOTES TO TABLE:
dBA means “A” weighted decibel. | ||
(b) The above sound limits shall not apply to the following:
(1) Sound needed to alert people about an emergency;
(2) Repair or installation of utilities or construction or maintenance of structures, sidewalks or streets between the hours of 7:00 a.m. and 10:00 p.m., except for clearly emergency repairs which are not restricted by time;
(3) Household power tools and lawn mowers between the hours of 7:00 a.m. and 10:00 p.m.;
(4) Railroads and aircraft; motor vehicles on public streets;
(5) Public celebrations authorized by City Council or unamplified human voices;
(6) Ringing of bells and chimes; and
(7) Activities of licensed PLCB establishments which are subject to the noise regulations set forth in the Pennsylvania Liquor Code.
(Ord. 5745, approved 4-16-1998; Ord. 6517, approved 12-4-2025)
§ 1344.03 HEAT.
No use shall produce heat perceptible beyond its lot lines.
(Ord. 5745, approved 4-16-1998)
§ 1344.04 GLARE.
All outdoor floor or spot lighting on private premises shall be mounted and shielded to effectively eliminate direct glare on adjacent property or upon public streets.
(a) (1) All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent the lighting element from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
(2) All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings or undeveloped areas and to prevent the lighting from shining into the eyes of passing motorists.
(b) Four or more bare incandescent light bulbs of 40 watts or greater shall not be hung along a public street or lot line.
(c) Flashing, flickering or strobe lighting and signs are prohibited, except for non-advertising seasonal lights between October 25 and January 10.
(Ord. 5745, approved 4-16-1998)
§ 1344.05 VIBRATION.
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of construction activity.
(Ord. 5745, approved 4-16-1998)
§ 1344.06 BUFFER.
(b) When principal industrial, transportation, utility or automotive uses carried on out-of-doors, such as scrap processing, automotive sales lots, truck terminals, electric transformer stations and storage yards, abut a residential or institutional district or uses otherwise specified in this Zoning Ordinance, a buffer yard shall be provided in accordance with the following standards.
(1) Buffer yards shall be not less than five feet in width.
(2) All buffer yards shall include a fence or a dense screen planting of trees, shrubs or other plant materials along the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.
(3) Plant materials used in the screen planting shall be of such species and size as will produce, within three years, a complete visual screen at least six feet in height.
(4) A fence, when erected as a screen, shall be not less than six feet in height, unless otherwise specified.
(5) Screen planting shall be permanently maintained, and any plant material which does not live shall be replaced.
(Ord. 5745, approved 4-16-1998)
§ 1344.07 AIR POLLUTION.
The control of the emission of smoke, dust, fumes, vapors, gases and odors shall be in accordance with Art. 1161 of the Public Health Code.
(Ord. 5745, approved 4-16-1998)
§ 1344.08 ODORS AND DUST.
No use shall generate odors or dust that are significantly offensive to persons of average sensitivities beyond the boundaries of the subject lot.
(Ord. 5745, approved 4-16-1998)
§ 1345.01 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS.
In all districts except the Commercial CBD District, off-street parking is required for any building or use which is hereafter erected, reconstructed, restored, extended, enlarged or increased in capacity. Space with adequate access to a street shall be constructed and maintained for the use of the owners or occupants and their invitees and licensees as follows: each parking area shall contain sufficient maneuvering space, including interior driveways. The net parking space (stall) per vehicle shall include a rectangle at least nine feet by 18 feet, except handicapped spaces shall meet federal standards. Parking area layouts shall be approved by the Zoning Officer.
Schedule of Off-street Parking Requirements Principal Use Classification (See Section 1333.05) | ||
Use Numbers | Use Classification | Required Parking |
Schedule of Off-street Parking Requirements Principal Use Classification (See Section 1333.05) | ||
Use Numbers | Use Classification | Required Parking |
1 - 5, 7 | Any residential 1-family detached or attached dwelling, 2-family dwelling, multi-family dwelling with 3 or more bedrooms | 2 spaces for each dwelling unit |
3, 5, 7 | Multi-family dwellings with 1 or 2 bedrooms | 1-3/4 parking spaces for each dwelling unit |
3, 5, 7 | Multi-family dwellings containing efficiency units | 1-1/2 spaces for each dwelling unit |
3, 5 | Multi-family senior housing designed for 1- and 2-person households and legally restricted to housing persons 62 years of age or over, their spouse and/or the physically handicapped | 1 space for every 3 dwelling units |
8 | Churches and other places of worship | 1 space for every 10 persons who may legally be admitted therein at one time under the BOCA National Building Code |
12, 13, 21, 39, 86 | Libraries, museums, theaters, stadiums, auditoriums and similar places of public or private assembly | 1 space for every 4 persons who may legally admitted therein at one time under the BOCA National Building Code |
9,20 | Schools and child day care | 1 space for each 2 employees including teachers and administrators, plus off-street space for the safe and convenient loading and unloading of students, plus additional facilities for student parking at the high school level 1 space per every 5 students based on design enrollment capacity of high school |
10, 11 | Colleges, business colleges, trade schools | 1 parking space for every 2 persons regularly employed on the campus, plus 1 parking space per every 4 students currently enrolled, plus additional space as required by this parking schedule because of any supplementary parking generating activities at the campus which do not fall within the grouped lot provisions of § 1345.03(b) |
14, 15 | Hospital, nursing and personal care homes | 1 space for each 4 beds intended for patients, plus 1 space for each employee on a weekday shift, including doctors and nurses |
6B | Dormitories | 1 space for every 5 beds, plus 1 additional space for each 2 employees thereof. In no case less than 1 space |
6C | Fraternity houses and sorority houses | 1-1/2 spaces for every 2 beds, plus 1 additional space for each 2 employees thereof. In no case less than 1 space |
6D | Group homes | See § 1341.25 |
6E, 6F | Treatment center or abused person shelter | 1 parking space per employee on duty, together with 1 space for any employee on any continuous shift. As an illustration, if 2 employees work on the 11:00 p.m. to 7:00 a.m. shift and they are replaced by 2 employees who work on the 7:00 a.m. to 3:00 p.m. shift, then 4 parking spaces must be available for employees; 1 parking space for each resident, with the understanding that these spaces will also be necessary to accommodate visitors, volunteers, outside professionals and the like |
6A, 6G, 100 | Rooming and/or boarding houses, and/or accessory lodges, or student residences | 1 space per resident, with the understanding that these spaces will also be necessary to accommodate visitors, workers and the like |
22 - 26 | Recreational uses, except bowling alleys | 1 space for each 5 persons of total capacity. 6 spaces for each alley |
38, 104 | Hotels, motels, inns, exclusive of dining and retail uses | 1 space for each guest room, plus 1 space for each 2 employees |
32, 33 | Restaurants, taverns and similar uses, including those in hotels and the like | 1 space for each 2 seats or, except in the case of restaurants offering drive-in or take-out service, 1 space for each 2 seats or 1 space for each 50 square feet of total floor area, whichever is greater |
37 | Funeral home | 1 space for each 5 seats in viewing room intended to be used at one time |
40, 41 | Kennel or veterinary hospital | 1 space for each 5 employees, plus 4 spaces for each veterinarian |
34, 35, 99, 101 | General or professional office building, bank, clinic and other building not used for the retailing or wholesaling of merchandise | 1 space for each 200 square feet of gross floor area devoted to such use |
6H | Criminal housing facility | 1 parking space per each employee on duty, together with 1 space for any employee reporting to duty on any contiguous shift. As an illustration, if 2 employees work on the 11:00 p.m. to 7:00 a.m. shift and they are replaced by 2 employees who work on the 7:00 a.m. to 3:00 p.m. shift, then 4 parking spaces must be available for employees. Additionally, 1 parking space, to be located on site, for each resident, with the understanding that these spaces will also be necessary to accommodate visitors, volunteers, outside professionals and the like. All employee parking must be within 300 feet of the facility |
27 - 31, 36, 41.1 | Retail stores and shops of all kinds, including service outlets, except: | 1 space for every 500 square foot area not used for storage on ground floor plus 1 space for every 800 square foot area not used for storage on all other floors |
Self-service food markets with a gross floor area of more than 10,000 square feet or adult use | 1 space for each 100 square feet of gross floor area | |
16, 18, 19, 42 - 63, 74, 76 - 78, 80, 88, 90 | Industrial uses, manufacturing, public buildings, processing plants, research or testing laboratories, quarries, solid waste facilities, utility terminals, truck terminals | 1 space for each 1-1/2 employees on the largest shift, plus visitor parking and parking for needed company vehicles and equipment |
64-69 | a) Vehicle service station and/or repair garage | a) 1 space for each 200 square feet of gross building floor area devoted to such use |
b) Auto sales and/or rental | b) 1 space per 15 vehicles offered for sale or rent, plus storage spaces for such vehicles | |
c) Other outdoor commercial uses | c) 1 space for each 1,500 square feet of ground area devoted to such use | |
17 | Clubs, lodges and similar recreation places | 1 space for each 300 square feet of gross floor area |
71-73 | Airports, high hazard uses | As required by Council |
70, 75, 79, 81 - 85, 91 - 98, 102, 103 | Cemeteries, agricultural uses, parking lots, accessory uses | None required |
104 | Bed and breakfast inn | 1 parking space per rental unit |
(Ord. 5745, approved 4-16-1998; Ord. 5825, approved 8-3-2000; Ord. 6076, approved 9-6-2007; Ord. 6416, approved 7-8-2021)
§ 1345.02 SCHEDULE OF OFF-STREET LOADING REQUIREMENTS.
(a) In all districts, one or more loading berths or other space shall be provided for standing, loading and unloading operations, either inside or outside a building and on the same or adjoining premises, with every building or structure hereafter erected or enlarged, in accordance with the following table.
(b) A loading berth shall have the minimum plan dimensions of 12 feet by 45 feet and 14 feet overhead clearing, plus necessary access space. A loading space need not necessarily be a full berth but shall be sufficient to allow normal loading and unloading operations of a kind and magnitude appropriate to the premises served thereby. The Zoning Officer shall determine the sufficiency of loading space, but, in no case, shall the use of such space hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley.
Use Classification | Required Loading Space |
Use Classification | Required Loading Space |
(a) Retail operation (including restaurant and dining facilities within hotels and office buildings) with a gross floor area over 20,000 square feet | 1 berth for each 20,000 square feet of gross floor area or major fraction thereof |
(b) Retail operations and all ground floor non-residential uses with a gross floor area less than 20,000 square feet; wholesale and industrial operations with a gross floor area less than 10,000 square feet | A loading space (not necessarily a full berth) as defined above in this section |
(c) Office building, hospitals and hotels with a gross floor area of 100,000 square feet or more | 1 berth for each 100,000 square feet of floor area or major fraction thereof |
(d) Manufacturing, wholesale and storage operations with a gross floor area of 10,000 square feet or over as follows: | |
Square Feet | Number of Berths |
10,000 - 40,000 | 1 |
40,000 - 100,000 | 2 |
100,000 - 160,000 | 3 |
160,000 - 240,000 | 4 |
240,000 - 320,000 | 5 |
For each additional 90,000 | 1 additional |
Any building with a gross floor area over 20,000 square feet not specifically mentioned herein which requires the receipt or distribution of materials by vehicles | 1 |
(e) Any building with a gross floor area over 20,000 square feet not specifically mentioned herein which requires the receipt or distribution of material by vehicles | 1 berth |
(Ord. 5745, approved 4-16-1998; Ord. 5870, approved 5-16-2002)
§ 1345.03 GENERAL PROVISIONS.
(a) Location of parking areas. Required parking shall be located on the same lot as the use that the parking serves, except as follows.
(1) Required parking may be located on a different lot from the use that the parking serves if the parking is within:
(A) Four hundred feet from the dwellings it serves; and
(B) One thousand feet from non-residential uses it serves.
(2) Parking to serve any use may be placed within a CBD, CC, CS, ML or MH District.
(A) Parking within the INST District shall only be permitted to serve uses allowed within the INST District and dwellings.
(B) Parking within each residential district shall only be permitted to serve uses allowed within that district and dwellings.
(C) Parking within the open space district shall only be permitted to serve uses allowed within the open space district and dwellings.
(D) Such parking areas shall meet all other requirements of this Ordinance.
(b) Assignment of parking space in grouped lots. The required parking spaces for any number of separate uses may be combined in one lot; but the required spaces assigned to one use may not be assigned to another use at the same time; except that, one-half of the parking spaces required for places of worship, theaters or assembly halls whose peak attendance will be at night, Saturdays or Sundays may be assigned to a use which will be closed at night, on Saturdays and on Sundays.
(c) Remote parking lots encumbered. Where provision of required parking for a building or use established or enlarged subsequent to the adoption of this Zoning Ordinance involves one or more parcels of land that are not a part of the lot on which the principal use is situated, the applicant for a permit for the principal use shall submit, with his or her application for a building permit, an instrument duly executed and acknowledged subjecting such parcels of land to parking uses in connection with the principal use to which it is accessory. The applicant shall deposit the necessary registration fee; and, upon the issuance of a building permit, the Bureau of Codes shall cause such instrument to be registered in the office of the Register of Deeds.
(d) Setback of parking and loading areas. All parking and loading areas shall be set back from the street line in conformance with pertinent yard requirements; except that, permitted parking areas, but not loading areas, may be located in required yards adjoining streets; provided, they are separated from the street by a substantial wall or fence not more than 33% open or a dense hedge in accordance with § 1383.04.
(e) Landscaping.
(1) Lots less than or equal to 20 stalls require a landscaped area of a minimum of 3% of the total area of the parking lot.
(2) Lots over 20 stalls require a landscaped island at least five feet by 18 feet for every 18 spaces in a single row or five feet by 36 feet for 36 spaces in a double row, together with a minimum canopy of 10% of the total vehicle area. Equivalent areas may be used in corners of lots keeping in mind that a tree needs a minimum of 20 square feet.
(3) All landscaping must be in accordance with Art. 1383.
(4) A minimum of one deciduous shade tree meeting city requirements shall be planted for every 10 new off-street parking spaces that are added to a lot, other than spaces within an underground or multi-story parking structure. These trees may be planted within the lot, such as within and/or around parking areas. The Zoning Officer may allow existing healthy trees to be preserved to meet some or all of this requirement. These trees shall be planted in addition to any existing or required street trees.
(f) Demolition. When a structure is demolished and demolition is for the purpose of providing parking, then the provisions of this Ordinance and Art. 1383 apply.
(g) Surfacing. Every parking area, loading area and driveway shall be paved with a durable dustless material approved by the Bureau of Codes, graded to dispose of all surface water and maintained in good condition.
(h) Drainage. In C, R or INST Districts, paved parking and loading areas shall be provided with area drains connected to a storm sewer to eliminate surface drainage over sidewalks in the public right-of-way.
(i) Required screening when vehicular use areas abut public rights-of-way. On the site of a building or structure or lot providing off-street parking areas or other vehicular use area, there shall be provided landscaping between such area and such right-of-way, as follows: a strip of land at least four feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped. Such landscaping shall include one small or medium tree for each 35 lineal feet or 45 feet for a large tree or fraction thereof within the four-foot strip or within the right-of-way areas reserved for the planting of street trees. In addition, a hedge, wall or other landscaping shall be planted within the landscaped strip in accordance with § 1383.04, except as provided in § 1341.17. The landscape strips along the public rights-of-way shall be presentations which will be varied through color, shape and texture of landscape material. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment.
(j) Required screening between vehicular use areas and abutting residential or institutional use. All buildings or structures or lots providing an off-street parking area or vehicular use area of five spaces or more, shall be provided with a wall or hedge or other landscape screen not greater than six feet in height, nor less than four feet in height and a minimum width of four feet, to form a continuous screen between the off-street parking area or vehicular use area and any abutting or any residential or institutional use. Such landscape screen shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property. If the screen consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than four feet in width. Fence material may be substituted for the above which meets the range of height limits and may consist of up to 50% gaps in the material. Chain link and plastic construction fencing material is not acceptable.
(Ord. 5745, approved 4-16-1998; Ord. 5869, approved 5-16-2002; Ord. 6402, approved 2-4-2021; Ord. 6416, approved 7-8-2021)
Cross-reference:
§ 1345.04 OBLIGATION.
(a) Existing parking. Structures and uses in existence at the original date of the adoption of this Zoning Ordinance (9-9-1971) shall not be subject to the requirements of this article so long as the kind or extent of use is not changed; provided that, any parking facility now serving such structures or uses shall not, in the future, be reduced below such requirements.
(b) Continuing obligation. All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, nor be used for any purpose that interferes with its availability for the parking need it is required to serve; except that, such reduction or change in use may be made upon approval by the Zoning Hearing Board, but only after proof that, by reason of diminution in floor area, seating area, the number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this article.
(c) Change in requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of § 1345.01, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that section.
(Ord. 5745, approved 4-16-1998)
§ 1346.01 PURPOSE.
The purpose of sign regulations is to assure that development within the city takes place in accordance with the city’s Comprehensive Plan. A principal goal of these regulations is to protect the city’s scenic views. These regulations are intended to assure that a reasonable number of opportunities exist in the city for commercial signs constructed in accordance with the regulations contained herein. Signs may be erected and maintained only when in compliance with the provisions of this article and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.
(Ord. 5745, approved 4-16-1998)
§ 1346.02 DEFINITIONS.
As used in this article, certain terms are defined as follows.
ANIMATED SIGN. A sign with action or motion, flashing, color changes requiring electrical energy, electronic or manufactured sources of supply, but not including wind activated elements such as flags, banners or specialty items.
BILLBOARDS or ADVERTISING SIGNS. Signs which direct the motorist or pedestrian to a business establishment or call the attention of the motorist or pedestrian to a product, place or activity, that exists or occurs at locations other than the location upon which the sign is erected. A double faced sign (back-to-back) shall count as one sign.
BUSINESS IDENTIFICATION SIGN. Signs that are directly oriented to activities that occur at the same premises upon which the sign is erected.
DIRECTIONAL SIGN. A sign designed to guide or direct pedestrian or vehicular traffic. Such signs shall not exceed four feet in height, nor be more than 4 square feet in area. The business name or trademark may be placed on a directional sign, but the sign name or trademark may not exceed more than 50% of such sign. Such signs shall not be considered business identification signs.
GROUND SIGN. A sign supported vertically by one or more uprights placed in or on the ground.
PORTABLE SIGN. A sign used to advertise the products offered for sale on the premises where it is erected and is designed to be movable.
REVOLVING SIGN. A sign which revolves 360 degrees, but does not exceed eight rpm.
ROOF SIGN.
(1) A sign supported by a roof of a building. The highest point of a roof sign shall not exceed the building height limit for the district in which it is erected.
(2) Not more than one roof sign shall be permitted on a premises and the maximum area of a roof sign shall not exceed 200 square feet.
TEMPORARY SIGN. Flags, pennants, political signs, special promotional devices or displays intended to be erected for a limited period of time.
WALL SIGN. A sign attached to or a part of the wall of a structure.
POLITICAL SIGN. A sign advertising political parties or candidates for election.
SIGN. Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that displays or includes any letter, words insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public.
(Ord. 5745, approved 4-16-1998)
§ 1346.03 GENERAL REGULATIONS FOR ALL SIGNS.
The following regulations shall apply to all permitted sign uses.
(a) Signs shall be constructed of durable material, maintained in good condition and not allowed to become dilapidated.
(b) No sign shall be placed in such a position so as to cause a danger to traffic on a street by obscuring the view.
(c) No sign, other than an official traffic sign, shall be erected within the right-of-way lines of any street, except as permitted by § 1346.06 for a “projecting sign” or an “awning sign”.
(d) No sign shall project over a public sidewalk area, except as permitted by § 1346.06 for a projecting sign” or an “awning sign”.
(e) No sign shall be painted or posted on a tree, stone, cliff or other natural object.
(f) Signs shall not attempt to direct the movement of traffic or interfere with, imitate or resemble any official sign, signal or device.
(g) Signs shall not prevent the driver of a vehicle from having a clear and unobstructed view of approaching or merging traffic.
(h) No sign or portion thereof, including lights, shall be permitted in any district when, by reason of its design, intensity, color, location or movement, it may interfere or cause confusion with traffic lights, signals or other controls or otherwise interfere with the operation of vehicles upon a public thoroughfare. Signs may be internally or externally illuminated, except as further restricted by city ordinances.
(i) (1) Animated signs are prohibited except public service signs such as time and temperature, revolving or changeable message signs.
(2) Existing signs not in conformance herewith shall be made to comply within five years from the effective date of this section.
(j) A permit shall be required for the erection or structural alteration of billboards or advertising signs.
(k) All signs shall be removed by the owner of the sign within 30 days when the circumstances leading to its erection no longer apply.
(l) All signs with a clearance of less than six feet above grade shall be a minimum of 20 feet from the face of any curb abutting a street or ten feet from the property line abutting any street, whichever distance is shorter.
(m) No wall sign shall extend above the top of the wall, nor beyond the left or right extremity of the wall to which it is attached nor shall it extend or project more than 18 inches from the wall upon which it is attached.
(n) (1) If the Building Official finds that any sign regulated herein is unsafe or insecure or is a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of the Zoning Ordinance, he or she shall give written notice to the permittee thereof.
(2) If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within ten days after such notice, such sign may be removed or altered to comply by the Building Official at the expense of the owner of the property on which it is located.
(3) The Building Official may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
(o) (1) No person, firm or corporation shall install, erect or maintain any sign or medium of display or advertising, electric or otherwise, without first filing with the Building Official a surety bond in the sum of $5,000. Such bond shall be approved by the Building Official and shall be conditional for the installation and erection of signs in accordance with city ordinances and state laws, and shall provide for the indemnification of the city for any and all damages or liability which may accrue against it by reason of faulty installation, erection, demolition, repair, removal, defects in or collapse of any sign for a period of one year after erection and for such period of time that the sign is maintained or serviced by or under the direction of the maker of such bond. Such bond shall further provide for the indemnification of any person, firm or corporation who, while on public property or in any public place, incurs damage for which the principal named in the bond is legally liable.
(2) In lieu of executing and filing a bond under this section, the applicant may file with the City Treasurer a certificate of an insurance company duly authorized to do business in the state that there is in effect an insurance policy in an amount equal to the penal sum required if a bond were filed, insuring the applicant and the city against any and all claims for personal injury or damage to property that in any way resulted from such a sign or marquee. The certificate shall also state that the policy shall not be canceled or in any manner amended, changed or altered without giving the City Treasurer ten days’ written notice thereof.
(3) All of the provisions of city ordinances and of this section applicable to bonds to be filed under this section shall be applicable to any certificate in accordance with the provisions herein.
(Ord. 5745, approved 4-16-1998)
§ 1346.04 SIGNS IN RESIDENTIAL AND INSTITUTIONAL DISTRICTS.
The following types of signs and no others shall be permitted in residential or institutional districts, except as further provided for by this article. No zoning permit is required for the erection of these signs when erected in a residential or institutional district, except subsection (i) hereof.
(a) Signs advertising the sale or rental of the premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises; provided:
(1) The size of such sign does not exceed 12 square feet; and
(2) Not more than one sign shall be placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which case one such sign may be erected on each frontage.
(b) Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other person interested in such sale or development; provided:
(1) The size of any such sign does not exceed 25 square feet; and
(2) Not more than one sign shall be placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which case such sign may be erected on each frontage.
(c) Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises and having inscribed thereon the name of the owner, developer, builder or agent; provided:
(1) The size of any such sign does not exceed 12 square feet; and
(2) Not more than one such sign is erected on each 500 feet of street frontage.
(d) Signs bearing the word “sold” or the word “rented” with the name of the persons effecting the sale or rental.
(e) Construction signs, including signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected; provided:
(1) The size of such sign does not exceed 24 square feet; and
(2) Such signs are removed upon completion of the work.
(f) Trespassing signs or signs indicating the private nature of a driveway or property; provided that, the size of such sign does not exceed two square feet in area.
(g) Signs of schools, colleges, churches, hospitals, sanitariums or other institutions of a similar nature and signs identifying housing developments; provided:
(1) The size of any such sign does not exceed 25 square feet; and
(2) Not more than two signs are placed on a property in single and separate ownership, unless such property fronts upon more than one street, in which case two such signs may be erected on each frontage.
(h) Signs advertising the sale of farm products when permitted by this article; provided:
(1) The size of any such sign does not exceed six square feet;
(2) Not more than two signs are used; and
(3) The signs shall be displayed only when such products are on sale.
(i) Signs advertising legal non-conforming uses shall be not larger than six square feet in area, bearing the name and occupation (words only, and not internally illuminated) of the practitioner.
(j) Auction, garage or yard sale signs shall not exceed six square feet in area; and
(1) Such signs shall not be erected more than two days prior to the event or activity, without the express consent and approval of the city; and
(2) Such signs shall be removed within 24 hours following the date of the event or activity.
(k) Political signs shall not exceed 12 square feet in area per sign face nor have more than two faces per sign.
(l) One such sign may be erected 60 days prior to the election date and shall be removed within ten days after such election day.
(m) Home occupation signs. See § 1333.05.
(Ord. 5745, approved 4-16-1998)
§ 1346.05 BILLBOARDS OR ADVERTISING SIGNS.
Billboards or advertising signs (as defined by § 1346.02) providing for off-premises advertising shall only be permitted by right in the CS, ML and MH Districts, and as a conditional use in the CC District. Any such sign shall meet the following additional requirements.
(a) Such signs shall be separated the following minimum distances from any other such sign, other than billboards that are back-to-back. All spacing shall be measured parallel to and from the same side of the highway or public right-of-way:
(1) Along expressways: not less than 1,000 feet;
(2) In the CC, ML and MH Districts, other than as provided in subsection (1) above: not less than 500 feet apart; and
(3) In the CS District: not less than 300 feet apart.
(b) Each sign shall not exceed 300 square feet in area in a CS or CC District or 672 square feet in a ML or MH District. Such sign area shall be permitted on each side of a two-sided sign, if the sign faces are back-to-back. The above square footage may be exceeded by 15% for cut-out or snipes on a temporary basis.
(c) Such signs shall not exceed 12 feet in height nor 25 feet in length in the CS or CC Districts, or 14 feet in height, nor 48 feet in length, in the ML or MH Districts. Such sizes shall be inclusive of all trim and border area, but shall not include bases, aprons, supports and other structural members. Cut-outs or snipes exceeding the height and length by up to 15% shall be allowed on a temporary basis.
(d) Such signs shall be set back the following minimum distances:
(1) Thirty feet from any right-of-way of a limited access highway;
(2) One hundred feet from any lot line of a primarily residential property; and
(3) Ten feet from any other property line or street right-of-way.
(e) Such signs shall have no portion exceeding a height of 35 feet above ground level at the curb or edge of pavement.
(f) Billboards and advertising signs shall conform with the State Outdoor Advertising Control Act, as amended, except as further controlled by this section.
(g) An existing billboard or advertising sign within the CBD shall only be replaced with a new billboard or advertising sign if the new sign is approved as a conditional use.
(Ord. 5745, approved 4-16-1998; Ord. 5802, approved 3-2-2000; Ord. 5870, approved 5-16-2002)
§ 1346.06 BUSINESS IDENTIFICATION SIGNS.
Business identification signs shall only be permitted in the CC, CBD, CS, ML and MH Districts, and shall meet the following additional requirements, as applicable.
(a) Permit. A zoning permit is issued by the city.
(b) Number. No more than two ground, wall or roof-mounted signs may be erected or maintained on any premises at any one time, except when a building is located on a corner lot and has a public entrance on two or more public ways; or when a building has both a front and rear public entrance, one additional sign may be erected. A double faced sign shall count as a single sign.
(c) Height. Signs shall not exceed 20 feet in height when erected within ten feet of the right-of-way line of a street, road or highway adjoining the premises. In no event may a sign exceed the height limit imposed by zoning regulations for the district in which it is located.
(d) Area.
(1) Single business on one lot. The total sign area of pole-mounted, wall- or roof- mounted signs per premises shall not exceed four square feet per one lineal foot of property frontage upon a street. No business shall be limited to less than 32 square feet of total sign area, nor exceed more than 300 square feet of sign area; except that, the maximum total sign area shall be 60 square feet along each street frontage within the CBD District.
(2) More than one business on one lot. The total sign area of pole-, wall- or roof-mounted signs per premises shall not exceed four square feet per one lineal foot of frontage of the portion of the building occupied by the occupant of such premises. No business shall be limited to less than 32 square feet of total sign area nor exceed more than 300 square feet of sign area; except that, the maximum total sign area shall be 60 square feet along each street frontage within the CBD District.
(e) Shopping center. (More than six individual businesses.) A sign advertising the premises shall not exceed 300 square feet in area. Signs identifying the individual businesses within the shopping center may be attached to the shopping center sign structure. Such identification signs shall not exceed an aggregate area of 300 square feet in area as provided for by subsection (d)(2) hereof.
(f) Projecting signs. A sign shall only be permitted to project over public sidewalk if the following requirements are met.
(1) Such sign shall only be permitted in the CBD District.
(2) Such sign shall meet the City Building Code, including requirements for secure attachment and minimum clearance.
(3) Such sign area shall be constructed entirely of weather-resistant wood (preferably relief-cut) or materials with a closely similar appearance, and shall not include plywood. Such sign shall not be internally-illuminated.
(4) Such sign shall not exceed eight square feet on each of two sides.
(5) Such sign shall not exceed a total height above the ground of 15 feet, and should be located below the second floor window ledge.
(6) Such sign shall be placed a minimum of six inches from the building, and extend a maximum total of five feet from the building.
(7) The applicant shall comply with applicable city requirements concerning encroachment into a right-of-way.
(g) Awning signs. A sign may be incorporated into an awning that is attached to a principal building if the following requirements are met.
(1) The sign area shall be counted within the maximum permitted sign area for wall signs.
(2) Such sign shall meet the City Building Code, including requirements for secure attachment and minimum clearance.
(3) The applicant shall comply with applicable city requirements concerning any encroachment into a right-of-way.
(4) Such awning shall not extend more than 12 feet in height above the adjacent ground level.
(5) Such awning shall be durably constructed of attractive material.
(h) Additional. In addition, signs meeting the requirements of § 1346.04 shall be permitted in any commercial or industrial district.
(i) Sign review within the CBD District. The Planning Commission shall review the following provisions that shall apply to any sign proposed to have a sign area of one square foot or larger (except as exempted by subsection (i)(1) below) within the CBD Zoning District that will be visible from a public street.
(1) (A) As part of any application for a sign permit under this section, the applicant shall submit to the Zoning Officer:
1. A sketch of the proposed sign;
2. A description of the proposed types of materials and colors;
3. A sketch or description of the proposed location and height of the sign; and
4. A description of any proposed lighting.
(B) Such information shall be submitted and comments of the Planning Commission received before an applicant constructs or formally orders a new sign.
(2) Such sign information shall be provided to the Planning Commission for a review in advance of being permitted, erected, posted or otherwise placed.
(3) The Zoning Officer shall not approve the final issuance of a sign permit until after the Planning Commission has had an opportunity to provide a review, or until 30 or more days have passed from the date the application was forwarded to the Chairperson of the Planning Commission.
(4) The Planning Commission shall provide advice to the applicant concerning how a sign could be attractively designed to be compatible with the exterior of the building and with adjacent buildings. Specifically, an emphasis should be placed on uncovering, restoring and highlighting the central business district features.
(5) CBD Sign Guidelines. The following guidelines should be followed in the design of any signs within the CBD Zoning District.
(A) All signs should contribute to the overall traditional and historic nature of the Central Business District.
(B) Signs should be primarily oriented to pedestrians, as opposed to motor vehicles.
(C) All signs should be permanently attached to a building.
(D) Signs should not dominate the facade of a building, but should relate in placement and size to the other architectural elements of the exterior of the building.
(E) Signs should not cover windows, cornices and other decorative features.
(F) Older lettering styles should be considered for signs on older buildings.
(G) Signs should be limited in number, such as one primary and one secondary sign, to avoid clutter.
(H) Signs should avoid excessive numbers of words. Simpler messages are the easiest to read.
(I) The colors of signs should complement the colors of the building. Light letters on a darker background are often easiest to read, such as a relief-cut wood sign.
(J) The following types of signs are specifically encouraged within the CBD District.
1. Long horizontal signs or individual carved lettering mounted flat against the building are encouraged, in a manner that does not obstruct architectural features. Such signs in most cases should be placed between the first and second floor windows.
2. Signs may be mounted flat against the building next to a door way. These signs should not exceed 12 square feet, although a six square foot maximum size is preferable.
3. Signs may project from the building; provided, they meet the standards for “projecting signs” in § 1346.06.
4. Signs are encouraged to be integrated with awnings and canopies.
5. Lettering is encouraged on clear doors or windows. The image should not obscure more than 20% of the total area of a window or door.
6. Wood signs with relief-cut lettering are encouraged.
7. Wood signs are encouraged with painted lettering or carved lettering attached to the sign.
8. Signs are encouraged to be constructed from wood, metal or materials with an appearance very similar to wood.
9. Any lighting of signs should be external to the sign face, and be carefully directed to avoid nuisances to motorists, pedestrians and neighbors.
(K) The following types of signs are strongly discouraged within the CBD District:
1. Plastic signs, particularly with internal lighting;
2. Signs extending above the roof of a building;
3. Signs covering the second or third stories;
4. Flashing signs;
5. Neon signs; and
6. Signs with garish or day glow colors.
(L) The following types of signs shall not require review under this section:
1. A sign meeting the requirements of § 1346.04, such as, but not limited to, temporary political signs and real estate for sale signs;
2. An official sign placed by a government agency; and
3. A non-illuminated window sign of less than four square feet that is posted for a maximum total period of 60 days in any calendar year.
(Ord. 5745, approved 4-16-1998; Ord. 6135, approved 4-30-2009)
§ 1346.07 PORTABLE SIGNS.
On existing lawful uses, non-illuminated movable ground signs advertising the product offered for sale on the premises may be directed and maintained. Such signs shall be limited to one double faced sign and shall be included in the total number of permitted signs for the use category. Such signs shall not be greater than 12 square feet in area per side and shall not be more than six feet in height above the ground. All portable signs shall be anchored, weighted, spring-loaded or otherwise designed to resist wind action.
(Ord. 5745, approved 4-16-1998)
§ 1346.08 TEMPORARY SIGNS.
Flags, pennants, special promotional devices or displays or similar type signs shall be permitted in Commercial and Industrial Districts only; provided that:
(a) Such signs or displays shall not endanger the public or be located in the right-of- way of any State or City street without the prior approval of the city;
(b) General regulations specified in § 1346.03 shall apply;
(c) An individual business shall be limited to one temporary sign at any one time per street the business fronts on;
(d) A single side or face of a temporary sign shall not exceed 25 square feet;
(e) Temporary signs shall be permitted for a period not exceeding 30 days in any six-month period or such additional time as may be authorized by the city;
(f) A zoning permit is issued by the city; and
(g) Temporary signs shall be removed immediately upon the expiration of the permit for its erection or as soon as torn or damaged.
(Ord. 5745, approved 4-16-1998)
§ 1341.01 STREET ACCESS.
No building shall be erected upon a lot which does not abut a street, unless such building is an integral part of a designed building group, adequate access to a public street is provided and express approval is granted by Council as part of a conditional use permit.
(Ord. 5745, approved 4-16-1998)
§ 1341.11 REQUIRED OPEN SPACES CANNOT BE USED BY ANOTHER BUILDING.
No part of a yard or other open space required about any principal building for the purpose of complying with the provisions of this Zoning Ordinance shall be included as a part of a yard or other open space required under this Zoning Ordinance for another building.
(Ord. 5745, approved 4-16-1998)
§ 1341.12 MIXED USES.
When two or more uses occupy the same building, sufficient parking spaces, lot areas, yard widths, open space and the like shall be provided so that the requirements pertaining to each use will be met in full.
(Ord. 5745, approved 4-16-1998)
§ 1341.13 SIDE YARDS ON CORNER LOTS.
Side yards abutting a street shall be the same depth as the required front yard, except where abutting on an R or INST District with a greater front yard requirement; in which case, the greater requirement shall apply.
(Ord. 5745, approved 4-16-1998)
§ 1341.14 MODIFICATION TO FRONT YARDS.
Where a lot devoted to a use permitted in any residential district is situated in a block where the block-face has 50% or more of the principal buildings located closer to the street than the required front yard depth would permit, the required front yard depth for that lot may be reduced to a depth equal to the average front yard depth of those lots. The required front yard depth for a single-family attached dwelling may be reduced equal to the front yard depth of the adjacent attached structure. In addition, new infill guidelines in regard to height, width, proportion, roof form and relationship to the street shall be followed to ensure compatibility with the neighborhood.
(Ord. 5745, approved 4-16-1998; Ord. 5910, approved 2-6-2003)
§ 1341.15 PROJECTIONS INTO YARDS.
Cornices, eaves and similar non-supporting architectural features may project not more than 24 inches into any required yard. Chimneys, buttresses, pilasters, bay windows and uncovered stairs, landings and balconies not part of a fire escape may project not more than 24 inches into any required yard; provided that, taken together, they do not constitute more than one-third the length of the building wall in question. Fire escapes and balconies to fire exits shall not project into any yard facing a street.
(Ord. 5745, approved 4-16-1998)
§ 1341.16 PORCHES, DECKS AND PATIOS.
Porches, decks and covered patios may project not more than 12 feet into a required rear yard.
(Ord. 5745, approved 4-16-1998)
§ 1341.17 FENCES, WALLS AND HEDGES.
Fences, walls, and hedges may be permitted in any required yard or permitted building area. Within the Residential and commercially zoned districts, any fence, wall, and hedges within the front yard may not exceed more than three feet in height without 40% being open, fences or walls within the side or rear yard no more than six feet in height, provided that no conflict with § 1341.18 Obstruction to vision at street intersection; within the Light and Heavy Manufacturing districts any fence, wall or hedges in the front yard may not exceed three feet without 40% being open, within the side and rear yard fencing and walls may not exceed eight feet providing no conflict with § 1341.18; the finished side of the fence shall face the adjoining property or a public right-of-way; and fences and walls shall not be constructed from scrap metal, sheet metal, junk or sheets of plywood and shall be uniform in construction materials and design. Fences may be placed on the property line, providing the owners are responsible for determining their property lines. Fencing with barbs at the top of fencing may only be located within the ML and MH zoned districts.
(Ord. 5745, approved 4-16-1998; Ord. 6076, approved 9-6-2007; Ord. 6416, approved 7-8-2021)
§ 1341.18 OBSTRUCTIONS TO VISION AT STREET INTERSECTIONS.
Visibility at intersections shall occur; no obstruction of visibility at driveway openings shall occur within the sight triangle created by the intersecting lines of the driveway and property line and a line joining points along each line six feet from the point of intersection. On corner lots, the maximum height of a fence or hedge within the front yard shall not exceed three feet in height.
(Ord. 5745, approved 4-16-1998; Ord. 6416, approved 7-8-2021)
§ 1341.19 BUILDING LINES ON CERTAIN STREETS.
Each building adjacent to any street listed in this section shall be set back at least 60 feet from the street line of such thoroughfare. This setback shall supersede all district dimensional requirements and permitted modifications: Little League Boulevard, from the west side of Mulberry Street to the east side of Campbell Street.
(Ord. 5745, approved 4-16-1998)
§ 1341.24 SWIMMING POOLS.
Swimming pools are a body of water in a container, whether located in or above ground, having a depth at any point of more than two feet or a surface area of more than 250 square feet, used or intended to be used for swimming.
Swimming pools shall be a permitted accessory use in any district; provided:
In-ground pool. The pool or the entire property on which the pool is located shall be enclosed with a permanent fence not less than four feet in height, which includes a gate secured with a lock. The required fencing for an in-ground pool must be installed upon the completion of the excavation work for said pool.
Above-ground pool. An above-ground pool which is manufactured, designed and erected with supporting devices around and/or within the outer wall or edge of a pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements or in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery is not to be considered as a barrier. Decks which are attached to the pool which have surface area not in excess of 24 square feet may project not more than three feet into the required side yard or rear yard setback.
Swimming pools shall be located in either a side yard or rear yard with a minimum side and rear yard setback of five feet, except when either yard area borders a street or public right of way, a minimum setback distance of ten feet shall be required. Required setbacks shall be measured from the water's edge. Accessory deck structures must be located no closer than six feet from the property.
(Ord. 5745, approved 4-16-1998; Ord. 6416, approved 7-8-2021)
§ 1341.25 ROOMING OR BOARDING HOUSES; GROUP HOMES.
(a) Rooming or boarding houses. The dimensional, parking and other applicable requirements of this Zoning Code for the district in which a rooming or boarding house is located shall not be reduced and further:
(1) The minimum habitable floor area requirements of § 1341.32 shall apply to any rooming or boarding house, regardless of whether the use will be new construction or conversion of an existing building. The lot on which such rooming or boarding house is located shall have a minimum lot area of 1,200 square feet for each roomer or boarder; and
(2) Any approved structural alterations to an existing building proposed for the establishment or enlargement of any rooming or boarding house shall be located on a side of the building not facing a public street.
(b) Group homes. The dimensional, parking and other applicable requirements of this Zoning Code for the district in which a group home is located shall not be reduced and further:
(1) See definition in Art. 1311. A group home shall not include a use meeting the definition of a “Treatment Center”;
(2) A group home shall meet all dimensional and other applicable provisions of this Zoning Code for the type of dwelling unit involved, and the minimum floor area requirements of the City Housing Code, unless a stricter requirement is established by another ordinance provision;
(3) Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is in tended;
(4) Certification.
(A) A group home housing four or more unrelated persons shall:
1. Be licensed or certified under a state, county or federal human service program, as applicable; and
2. Be directly affiliated with an incorporated organization or corporation.
(B) A copy of the license or certification shall be provided to the Zoning Officer.
(5) Registration. A group home shall register its operator, location, general type of treatment/care, maximum number of residents and any sponsoring agency with the Zoning Officer. Such information shall be available for public review upon request. Notice of any changes in such matters or any suspension, expiration or change in certification or licensing shall be provided in writing to the Zoning Officer within seven days;
(6) Counseling and training. Any medical or counseling services provided on the lot shall be limited to residents and a maximum of three non-residents per day. A maximum of five staff-persons shall be present for training on-site at one time;
(7) Parking. One off-street parking space shall be provided for each resident, with the understanding that these spaces will also be necessary to accommodate visitors, employees and the like;
(8) Appearance. If the group home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to other residential structures in the area. No exterior signs shall identify the type of use;
(9) See also § 1319.131 concerning variances to accommodate persons with disabilities;
(10) The facility shall not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others; and
(11) An existing dwelling in a residential district shall not be converted into a group home housing five or more unrelated persons, in addition to any bona fide paid staff.
(Ord. 5745, approved 4-16-1998; Ord. 5825, approved 8-3-2000)
§ 1341.31 EXCEPTIONS TO HEIGHT LIMITS.
(a) Necessary appurtenant structures such as penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire walls, skylights, towers, steeples, flagpoles, parapets, chimneys, wireless masts or similar structures may be erected above the height limits herein specified; but no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential use.
(b) Special industrial structures such as a cooling tower, grain elevator, gas holder or other similar structure where the industrial process requires a greater height may be erected above the height limits herein specified; provided that, any such structure shall not occupy more than 15% of the lot area and shall be not less than 50 feet from any lot line.
(c) Any other principal building may exceed the height limits herein specified; provided that, any such building is set back at ground level or required yards are increased one foot for each two feet of extra height.
(Ord. 5745, approved 4-16-1998)
§ 1341.32 HABITABLE FLOOR AREA.
(a) The minimum habitable floor area of a dwelling unit erected hereunder shall be 850 square feet, except that for multi-family dwelling units the minimum shall be 600 square feet, and for multi-family dwelling units designed exclusively for occupancy by one person the minimum shall be 300 square feet.
(b) The minimum habitable floor area for a dormitory, group home, rooming or boarding house, fraternity house or sorority house erected hereafter shall be 600 square feet, plus 150 square feet for each bed greater than one.
(Ord. 5745, approved 4-16-1998; Ord. 6212, approved 4-5-2012)
§ 1341.33 NUMBER OF ACCESSORY STRUCTURES LIMITED.
No more than two accessory structures, including a private garage, are permitted on each lot in an R district.
(Ord. 5745, approved 4-16-1998)
§ 1341.34 ATTACHED ACCESSORY STRUCTURES.
Accessory structures attached to a principal building shall comply with all yard requirements for the principal building.
(Ord. 5745, approved 4-16-1998)
§ 1341.35 DETACHED ACCESSORY STRUCTURES.
In R and INST Districts, no accessory building or structure shall be erected in any required front or side yard or within 25 feet of any street line, within five feet of any principal building, within 15 feet of the centerline of an alley or within five feet of a rear lot line which is the side lot line of an abutting lot, nor occupy more than 40% of the required rear yard nor exceed 15 feet in height. In any district other than a Residential or INST District, accessory buildings shall meet the minimum setback requirements that would apply to a principal building.
(Ord. 5745, approved 4-16-1998)
§ 1341.36 RESERVED.
(Ord. 5745, approved 4-16-1998)
§ 1341.37 HANDICAP RAMPS.
Handicap ramps shall not be subject to setback requirements.
(Ord. 5745, approved 4-16-1998)
§ 1341.38 ADULT USES.
See definition. Any adult use shall meet the following requirements:
(a) No such use shall be located within:
(1) Five hundred lineal feet of any residential district;
(2) Five hundred lineal feet of the lot line of any library, public park or existing dwelling; nor
(3) One thousand lineal feet of the lot line of any primary or secondary school, place of worship or day care center.
(b) No such use shall be located within 1,000 lineal feet of any existing “adult use”.
(c) A 30-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines meeting § 1344.06, but with plantings of an initial minimum height of five feet.
(d) No sexually explicit material, displays, signs or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(e) No such use shall be used for any purpose that violates any federal, state or city law.
(f) No such use shall be allowed in combination with the sale of alcoholic beverages.
(g) The use shall not include the sale or display of “obscene” materials, as defined by state law, as may be amended by applicable court decisions.
(h) These uses are specifically prohibited in all districts except where specifically permitted by this Ordinance.
(i) A minimum lot area of one acre is required.
(j) For public health reasons, private or semi-private booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(k) No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.
(l) Only “lawful” massages as defined by state court decisions shall be performed in a massage parlor.
(m) All persons within any adult use shall wear non-transparent garments that cover their genitals and the female areola, except within a permitted lawful “adult live entertainment use”.
(n) (1) Any application for such use shall state the full legal names and home addresses of:
(A) All individuals intended to have more than a 5% ownership in such use or in a corporation owning such use; and
(B) An on-site manager responsible to ensure compliance with this Ordinance on a daily basis.
(2) Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(o) The use shall not operate between the hours of 12:00 midnight and 8:00 a.m.
(Ord. 5745, approved 4-16-1998)