44 - RESIDENTIAL DISTRICT WITH NEIGHBORHOOD COMMERCIAL OVERLAY6
Editor's note— Ord. No. 17-08, § I, adopted Oct. 19, 2017, repealed Ch. 17.44 in its entirety and enacted a new Ch. 17.44 to read as set out herein. Former Ch. 17.44, §§ 17.44.010—17.44.050, pertained to ASD age specific overlay zoning district and derived from Zoning Ord. § 4-3-101(A)—(E); Ord. 98-13 (part).
The regulations set forth in this chapter or set forth elsewhere in this title, when referred to in this chapter, are the regulations for residential districts with neighborhood commercial overlay districts (R-NC Overlay). R-NC overlay districts may be approved in single-family dwelling districts (R-3), only within that area bounded by West Wisconsin south to West Pennsylvania Avenue.
(Ord. No. 17-08, § I, 10-19-17)
A.
A building or premises in this district may be used for the residential uses permitted in the underlying residential district and any of the following neighborhood commercial (NC) uses:
1.
Antique store;
2.
Art shop;
3.
Bakery goods store;
4.
Barber shop, beauty parlor, or similar personal service shop;
5.
Bicycle sales and repair;
6.
Book or gift store;
7.
Camera shop;
8.
Candy store;
9.
Florist;
10.
Furniture store;
11.
Neighborhood grocery store;
12.
Ice cream parlor;
13.
Jewelry store;
14.
Leather goods shop;
15.
Locksmith shop;
16.
Musical instrument and sheet music shop;
17.
Notion and five-and-ten store;
18.
Business or professional office;
19.
Photographer's or artist's studio;
20.
Printing shop;
21.
Restaurant, cafe or soda fountain;
22.
Shoe repair shop;
23.
Tailor, custom; or
24.
Tanning salons.
B.
Residential dwelling units are permitted on the second floor of the commercial uses described in Section 17.44.020A.
(Ord. No. 17-08, § I, 10-19-17)
A.
Accessory buildings and uses customarily incident to the NC uses set forth in Section 17.44.020 are permitted in this district, including parking lots, accessory to a principal use.
B.
Any building used primarily for any of the NC uses listed in Section 17.44.020 may not have more than thirty (30) percent of the floor area devoted to storage purposes incidental to such primary use.
C.
NC uses, except signs, shall be restricted to closed buildings. Any lighting shall be so placed to reflect the light away from lots in residential districts.
(Ord. No. 17-08, § I, 10-19-17)
Fences or freestanding walls shall not exceed six feet in height in side or rear yard. Fences may be solid, of any approved fencing material. Fences in front yards may not exceed two and one-half feet in height.
(Ord. No. 17-08, § I, 10-19-17)
A.
Lots used for NC uses as set forth in Section 17.44.020 shall have a front yard having a depth of not less than twenty-five (25) feet, except as provided in Chapter 17.52.
B.
Where lots have a double frontage, the required front yard shall be provided on both streets.
C.
A canopy or roof extension on the front of a building shall not exceed eight feet.
(Ord. No. 17-08, § I, 10-19-17)
A.
For lots used for NC uses as set forth in Section 17.44.020, no side yard shall be required except where a lot is adjacent to a residential lot, in which event there shall be a side yard of not less than seven feet. In all other cases, for such NC uses, if a side yard is provided, it shall not be less than three feet in width for such NC uses.
B.
No canopies or roof extension shall project more than five feet on the side of a building.
(Ord. No. 17-08, § I, 10-19-17)
For lots used for NC uses as set forth in Section 17.44.020, no building shall exceed two stories or twenty-four (24) feet in height, unless located within the Youngtown Redevelopment District, identified in Resolution 00-09. In such case, the maximum height shall be forty-eight (48) feet or four stories.
(Ord. No. 17-08, § I, 10-19-17)
The provisions of Chapter 17.64 shall apply.
(Ord. No. 17-08, § I, 10-19-17)
Commercial hours of operation for NC uses shall be limited to the hours between eight a.m. and ten p.m. MST.
(Ord. No. 17-08, § I, 10-19-17)
44 - RESIDENTIAL DISTRICT WITH NEIGHBORHOOD COMMERCIAL OVERLAY6
Editor's note— Ord. No. 17-08, § I, adopted Oct. 19, 2017, repealed Ch. 17.44 in its entirety and enacted a new Ch. 17.44 to read as set out herein. Former Ch. 17.44, §§ 17.44.010—17.44.050, pertained to ASD age specific overlay zoning district and derived from Zoning Ord. § 4-3-101(A)—(E); Ord. 98-13 (part).
The regulations set forth in this chapter or set forth elsewhere in this title, when referred to in this chapter, are the regulations for residential districts with neighborhood commercial overlay districts (R-NC Overlay). R-NC overlay districts may be approved in single-family dwelling districts (R-3), only within that area bounded by West Wisconsin south to West Pennsylvania Avenue.
(Ord. No. 17-08, § I, 10-19-17)
A.
A building or premises in this district may be used for the residential uses permitted in the underlying residential district and any of the following neighborhood commercial (NC) uses:
1.
Antique store;
2.
Art shop;
3.
Bakery goods store;
4.
Barber shop, beauty parlor, or similar personal service shop;
5.
Bicycle sales and repair;
6.
Book or gift store;
7.
Camera shop;
8.
Candy store;
9.
Florist;
10.
Furniture store;
11.
Neighborhood grocery store;
12.
Ice cream parlor;
13.
Jewelry store;
14.
Leather goods shop;
15.
Locksmith shop;
16.
Musical instrument and sheet music shop;
17.
Notion and five-and-ten store;
18.
Business or professional office;
19.
Photographer's or artist's studio;
20.
Printing shop;
21.
Restaurant, cafe or soda fountain;
22.
Shoe repair shop;
23.
Tailor, custom; or
24.
Tanning salons.
B.
Residential dwelling units are permitted on the second floor of the commercial uses described in Section 17.44.020A.
(Ord. No. 17-08, § I, 10-19-17)
A.
Accessory buildings and uses customarily incident to the NC uses set forth in Section 17.44.020 are permitted in this district, including parking lots, accessory to a principal use.
B.
Any building used primarily for any of the NC uses listed in Section 17.44.020 may not have more than thirty (30) percent of the floor area devoted to storage purposes incidental to such primary use.
C.
NC uses, except signs, shall be restricted to closed buildings. Any lighting shall be so placed to reflect the light away from lots in residential districts.
(Ord. No. 17-08, § I, 10-19-17)
Fences or freestanding walls shall not exceed six feet in height in side or rear yard. Fences may be solid, of any approved fencing material. Fences in front yards may not exceed two and one-half feet in height.
(Ord. No. 17-08, § I, 10-19-17)
A.
Lots used for NC uses as set forth in Section 17.44.020 shall have a front yard having a depth of not less than twenty-five (25) feet, except as provided in Chapter 17.52.
B.
Where lots have a double frontage, the required front yard shall be provided on both streets.
C.
A canopy or roof extension on the front of a building shall not exceed eight feet.
(Ord. No. 17-08, § I, 10-19-17)
A.
For lots used for NC uses as set forth in Section 17.44.020, no side yard shall be required except where a lot is adjacent to a residential lot, in which event there shall be a side yard of not less than seven feet. In all other cases, for such NC uses, if a side yard is provided, it shall not be less than three feet in width for such NC uses.
B.
No canopies or roof extension shall project more than five feet on the side of a building.
(Ord. No. 17-08, § I, 10-19-17)
For lots used for NC uses as set forth in Section 17.44.020, no building shall exceed two stories or twenty-four (24) feet in height, unless located within the Youngtown Redevelopment District, identified in Resolution 00-09. In such case, the maximum height shall be forty-eight (48) feet or four stories.
(Ord. No. 17-08, § I, 10-19-17)
The provisions of Chapter 17.64 shall apply.
(Ord. No. 17-08, § I, 10-19-17)
Commercial hours of operation for NC uses shall be limited to the hours between eight a.m. and ten p.m. MST.
(Ord. No. 17-08, § I, 10-19-17)