a. The
use is located on property which has at least 100 percent greater lot area than
the average of both:
1. All
the lots in the block in which it is located; and
2. All
lots on the street on which the property fronts across the street from the block;
and
b. In
case of a corner lot, the property has 100 percent greater lot area than the
average of the lots on the other three corners of the intersection; or
c. The
lot area of the property is 100 percent greater than that required in the
district, whichever is greater; provided that a plan meeting all the
requirements of section 80-271 is submitted to and approved by the city
council.
(6) Funeral
homes or mortuaries, subject to the following conditions:
a. The
property shall consist of not less than five acres of land in a single tract or
parcel not intersected or divided by any street, alley or property belonging to
any other owners; provided that this five-acre requirement shall not apply if
the funeral home is located within a cemetery which consists of at least 50
acres of land;
b. The
property shall have at least a 500-foot frontage on a major thoroughfare;
c. The
entrance and exit shall be directly to and from a major thoroughfare or
parkway;
d. Parking
space shall be provided as set forth for funeral homes under section 80-444;
e. Definite
and detailed plans for shrubbery and landscaping shall be presented and made
part of the permit. Such landscaping shall provide for boundary screen planting
of a minimum width of 20 feet and a height adequate to provide a protective
screen for adjoining residential uses; provided that for any funeral home which
is located within a cemetery consisting of at least 50 acres of land no
screening shall be required from the cemetery property; and
f. No
principal building or accessory building shall be within 100 feet of the
boundary of an adjoining property which is located in an R-1 to C-1 district,
inclusive. No driveway or parking area shall be within 25 feet of the boundary
of an adjoining property which is located in an R-1 to R-5 district, inclusive.
Provided that for any funeral home which is located within a cemetery
consisting of at least 50 acres of land no setbacks shall be required from the
cemetery property except that no principal or accessory building shall be
within 100 feet of any public right-of-way.
(7) Hospitals,
sanitariums and institutions or special medical facilities for the care and
treatment of mental disability and illness, when located on land at least three
acres in size; provided that, in the case of such use fronting on a major
thoroughfare, the three-acre requirement may be waived if not warranted to
adequately accommodate its functional operation and to ensure proper relation
to the function of adjoining uses; and further provided that a plan meeting all
requirements of section 80-271 is submitted to and approved by the city
council. Any signs necessary for the proper identification of the facilities
within such hospital, sanitarium, institution or special medical facilities may
be permitted subject to approval of the board of zoning adjustment. Such signs
shall be on-premises signs and limited to proper identification of the
facilities.
(8) Medical
research facilities under the following conditions:
a. After
public notice and hearing and approval by the board of zoning adjustment, such
buildings may be constructed provided that:
1. The
occupancy has only limited contact with the general public.
2. No
merchandise is handled or merchandising services are rendered on the premises.
3. Off-street
parking required for office buildings in section 80-444, plus an additional 100
percent of that requirement, is provided on the premises. No parking shall be
permitted within ten feet of any side or rear line, and no parking shall be
permitted in the front yard required in the R-5 district. Where the property
abuts or adjoins a business or industrial district, off-street parking required
in section 90-444, plus an additional 25 percent of that required, shall be provided
on the premises.
4. Specific
plans are presented to the board of zoning adjustment, and its approval shall
be based upon these plans.
5. The
proposed use will not affect adversely the present character or future
development of the surrounding residential community.
6. If
the proposed use is to be in a building now constructed, there shall be no
exterior alterations of the building, except those approved by the board. The
yard shall be suitably landscaped in accordance with the plans presented to the
board and shall be well maintained.
7. If
a new building is to be constructed, the side yard requirements for this
district shall be increased by 100 percent, except on the street side of a
corner lot; and the rear yard requirements for this district shall be increased
50 percent. The property shall be suitably landscaped and well maintained.
8. Any
signs necessary for the proper identification of the facilities within such
medical research facility may be permitted subject to approval of the board of
zoning adjustment. Such signs shall be on-premises signs and limited to proper
identification of the facilities.
b. Without
board of zoning adjustment approval, such buildings may be constructed when the
property abuts or adjoins a C-4 or industrial district within the same block,
and lies wholly within 300 feet of the boundary between the R-5 district and
C-4 or industrial district. The parking and yard requirements shall be as specified
in subsections (b)(8)a. and (c) of this section, as applicable. Variances of
yard, setback and parking requirements may be granted after hearing by the
board of zoning adjustment in compliance with Section 80-300, Code of
Ordinances. Additionally, signs necessary for the proper identification of the
facilities within such medical research facility may be permitted subject to
approval of the board of zoning adjustment. Such signs shall be on-premises
signs and limited to proper identification of the facilities.
c. Without
board of zoning adjustment approval, on property bordered on three sides by
streets, a medical research facility for multiple occupancy may be constructed.
The parking requirements shall be as specified in Section 80-444. The yard
requirements shall comply with subsection (c) of this section, provided that
where the use is proposed in an existing building and parking lot, the building
and parking lot setback requirements need not be met. Variances of yard,
setback and parking requirements may be granted after hearing by the board of
zoning adjustment in compliance with Section 80-300, Code of Ordinances.
Additionally, signs necessary for the proper identification of the facilities
within such medical research facility may be permitted subject to approval of
the board of zoning adjustment. Such signs shall be on-premises signs and
limited to proper identification of the facilities.
(9) Office
buildings used exclusively for the administrative functions of business firms,
professional groups or societies or any combination of such organizations,
under the following conditions:
a. After
public notice and hearing and approval by the board of zoning adjustment, such
buildings may be constructed provided that:
1. The
occupancy has only limited contact with the general public.
2. No
merchandise is handled or merchandising services are rendered on the premises.
3. The
density of occupancy does not exceed one person for each 90 square feet of lot
area.
4. Off-street
parking required for office buildings in section 80-444, plus an additional 100
percent of that requirement, is provided on the premises. No parking shall be
permitted within ten feet of any side or rear line, and no parking shall be
permitted in the front yard required in the R-5 district. Where the property
abuts or adjoins a business or industrial district, off-street parking required
in section 80-444, plus an additional 25 percent of that required, shall be
provided on the premises.
5. Specific
plans are presented to the board of zoning adjustment, and its approval shall
be based upon these plans.
6. The
proposed use will not affect adversely the present character or future
development of the surrounding residential community.
7. If
the proposed use is to be in a building now constructed, there shall be no
exterior alterations of the building, except those approved by the board. The
yard shall be suitably landscaped in accordance with the plans presented to the
board and shall be well maintained.
8. If
a new building is to be constructed, the side yard requirements for this
district shall be increased by 100 percent, except on the street side of a
corner lot; and the rear yard requirements for this district shall be increased
50 percent. The property shall be suitably landscaped and well maintained.
b. Without
board of zoning adjustment approval, such buildings may be constructed when the
property abuts or adjoins a C-4 or industrial district within the same block,
and lies wholly within 300 feet of the boundary between the R-5 district and
C-4 or industrial district. The parking and yard requirements shall be as
specified in subsection (b)(8)a.8 of this section, as applicable. The number of
employees permitted in the office building shall be one person for each 70
square feet of lot area, and the entire lot area included in the same ownership
shall be used in this density determination.
c. Without
board of zoning adjustment approval, on property bordered on three sides by
streets, and where the building will face on a major thoroughfare, not
including a parkway or boulevard, an office building for multiple occupancy may
be constructed. The parking requirements shall be a specified in subsection
(b)(8)a.8 of this section, as applicable. The yard requirements shall comply
with subsection (c) of this section. The density of occupancy shall not exceed
one person for each 90 square feet of the area of the lot.
(10) Television
and radio broadcasting studios, production studios, administrative offices and
microwave relay facilities, provided:
a. Any
tower or transmission structure accessory thereto shall not exceed ten feet in
height.
b. Such
studios shall not provide more than 25 permanent seats for studio audiences.
(11) Mixed-use/office-residential,
where the office use is used exclusively for the administrative functions of
business firms, professional groups or societies, including medical offices
(but excluding medical research facilities) or any combination of such
organizations, provided that such development is within a limited district,
pursuant to section 80-271, or within a planned district, pursuant to section
80-272 et seq., under the following conditions without exception:
a. The
ratio of office floor area to residential floor area shall not be less than 30
percent to 70 percent, and not more than 70 percent to 30 percent.
b. The
administrative office occupancy shall have only limited contact with the
general public.
c. No
merchandise shall be handled or merchandising services rendered on the
premises.
d. In
determining the number of units and the office floor area allowed, there shall
be an initial determination of the number of dwelling units to be allowed based
upon the area requirements as set forth in subsection (c)(6) of this section.
The lot area required for the number of dwelling units shall be deducted from
the total lot area. Based on such reduced lot area, the floor area devoted to
office space shall not exceed 50 percent of the net lot area.
e. Off-street
parking shall be as required for both office/medical office buildings and
residential uses in section 80-444, plus an additional 100 percent of the
office/medical office requirement on the premises. No parking shall be
permitted within ten feet of any required side or required rear line and no
parking shall be permitted in the front yard required in the R-5 district.
Loading requirements of section 80-445 shall apply to the office/medical office
portion only.
f. The
proposed mixed use shall not affect adversely the present character or future
development of the surrounding residential community.
(12) Accessory
uses as in district R-4; and, in addition, the following are permitted:
a. A
public dining room or restaurant located within an apartment hotel or hotel,
and operated or supervised by the apartment or hotel management, shall be
permitted, provided that the public entrance to such dining room or restaurant
is from within the building, and further provided that no window or other
display or sign is used to advertise such use, except that a sign not to exceed
120 square inches shall be allowed, to designate the use thereof.
b. Such
facilities as are required for the operation of a hotel, an apartment hotel or
apartment house, or primarily for the use or entertainment of guests or tenants
of the hotel, apartment hotel or apartment house, shall be permitted, when
operated or supervised by the apartment or hotel management, and when located
and conducted within the building, and when entered only from within the
building, provided no display or sign is used to advertise such use.
c. A
helipad shall be permitted, provided a plan is submitted for review and
recommendation by the city plan commission and approved by the city council.
The plan shall include sufficient information for the commission to:
1. Determine
if any adverse effect is minimized on adjoining property by indicating all
structures which abut, adjoin or are part of the facility, public rights-of-way
and private drives;
2. Ensure
an adequate and safe landing area with controlled or restricted access, by
indicating its size, location and screening;
3. Ensure
adequate surfacing of the landing area to avoid the blowing of dust and dirt; and
4. Review
approach and departure paths to ensure safe and adequate operation.
The plan shall be supplemented
by a favorable report by the local district office of the Federal Aviation
Administration. For the purposes of this subsection, a helipad is defined as an
area of land or structural surface designed to accommodate one landing space
for helicopters, for the purpose of boarding or discharging passengers or
cargo. No other facilities are permitted.
d. One
sign only shall be permitted, subject to review and approval by the board of
zoning adjustment. Such sign may be either a freestanding or wall sign. The
sign shall contain only the name of the building or principal business or
occupant on the premises. The following sizes may be permitted:
1. Freestanding
signs:
i. Freestanding
signs shall not exceeds a maximum square footage determined by the formula of:
|
10
|
{
|
(
|
distance of sign from
street
right-of-way + 30
____
50
|
)
|
2
|
}
|
Freestanding
signs need be no less than ten square feet and shall be not greater than 40
square feet in area.
ii. The
height of freestanding signs in feet, measured at the final grade, shall be
determined by the formula of:
Distance
of sign from street right-of-way + 30/10
Freestanding
signs need not be less than five feet in height and shall be no more than ten
feet in height.
2. Wall
signs:
i. Wall
signs shall be limited in size of square footage determined by the formula of:
Where:
|
d
|
=
|
Distance of wall from
street right-of-way
|
|
A
|
=
|
Area of the building facade
|
The
area of a wall sign shall not exceed four percent of the area of the building
facade, and is not to exceed 20 feet of the height of the building. The formula
for the area of freestanding signs may be used in lieu of the formula in this
subsection.
ii. Wall
signs need be no less than ten feet and shall be no greater than 40 feet in
area. Wall signs shall not project over the roofline.
3. No
sign in the R-5 district shall be illuminated unless the board of zoning
adjustment determines that illumination is necessary in the public interest
upon a demonstration of good cause by the applicant.
4. The
board of zoning adjustment shall use the following criteria to determine
whether the sign shall be permitted: Such sign is necessary for identification;
without such sign, the requested site identification would be difficult or
impossible; such sign is compatible in design and scale with the building and
the surrounding neighborhood; and such sign does not obstruct vehicular or
pedestrian visibility.
(c)
Height, yard and area regulations. In district R-5, the height of
buildings or structures, the minimum dimensions of yards, and the minimum lot
area per family permitted on any lot shall be as follows (for exceptions see
section 80-250):
(1) Height.
Buildings or structures shall not exceed 12 stories and shall not exceed 164
feet in height at the highest point of the building or structure.
(2) Front
yards. The front yards in this district shall have a minimum depth of 15
percent of the depth of the lot, but the depth of such lot yard need not be
more than 20 feet.
(3) Side
yards.
a. There
shall be a side yard on each side of every building, except an accessory
building, with a minimum width of not less than ten percent of the width of the
lot. Such side yard shall not be less than four feet and need not be more than
eight feet, except that the minimum side yard for structures 35 feet in height
shall be six feet and that for each story above 35 feet, or three stories, one
foot shall be added to this required yard.
b. On
a corner lot, the side yard regulation shall be the same as for interior lots,
except in the case of reversed frontage where interior lots have been platted
or sold fronting on the side street. In this case, there shall be a side yard
on the street side of the corner lot not less than one-half of the front yard
required in subsection (c)(2) of this section.
(4) Rear
yards.
a. The
rear yards in this district shall have a minimum depth of 25 percent of the
depth of the lot, but the depth of such rear yard need not be more than 25
feet.
b. The
area occupied by a detached accessory building in the rear yard shall be
limited to 40 percent of the area of the rear yard.
(5) Lot
width.
a. The
minimum mean width of a lot shall be 50 percent; except that, where a lot has a
mean width of less than 50 feet and is in separate ownership on or before
January 1, 1954, this subsection will not prohibit the erection of a one-family
dwelling.
b. Duplexes
and multiple dwellings, hereafter erected, require a minimum lot width of 50
feet.
(6) Lot
area. No building shall be erected or altered on a lot which makes
provision for less than the following number of square feet of the lot area:
a. For
single-family dwellings, 4,000 square feet per dwelling.
b. For
two-family dwellings, 2,000 square feet per dwelling unit.
c. For
dwellings with more than three dwelling units, other than row houses, hotels,
apartment houses and apartment hotels, and for conversions, 5,000 square feet
for three dwelling units plus 1,000 square feet additional for each dwelling
unit over three.
d. For
row houses, 1,000 square feet per dwelling unit.
e. For
apartment houses, apartment hotels and hotels, 350 square feet per dwelling
unit or room.
(d)
Parking and loading regulations. Parking and loading regulations shall
be as provided for in sections 80-444 and 80-445.
Sec.
80-444. Off-street parking generally.
(a)
General regulations.
(1) Applicability
of requirements. Off-street parking requirements shall apply to all
buildings and uses of land erected or established after September 10, 1951,
except district C-4. When the intensity of use of any building or premises,
except in district C-4, is changed or increased after September 10, 1951, to
provide additional dwelling units, gross floor area, seating capacity or any
other measurable unit which governs the amount of off-street parking required,
the amount of additional parking required as a result of the change or
increased activity of the use shall be provided.
(2) Determination
of compliance. To determine if proposed parking areas provide the required
number of spaces, the following procedure shall be used:
a. A
plan shall be submitted to the director of codes administration showing the location
of parking spaces which meet the requirements.
b. In
large parking areas, where the layout of parking stalls is not determined or is
subject to modification, after it has been demonstrated that the required
number of parking spaces can be provided as set out in subsection (a)(1) of
this section, the layout of parking stalls may be varied from time to time,
provided that the parking area contains at least an aggregate of 300 square
feet per required space, inclusive of driveways or maneuvering space.
c. Off-street
parking, not required by subsection (a)(1) of this section, but voluntarily
provided for existing buildings or uses of land, need not comply with the
required number of parking spaces, but shall comply with all other requirements
with regard to location, construction and size.
d. Off-street
parking already in use or established hereafter, which serves or is to serve an
existing building or use of land, shall not be reduced in any manner except
where such off-street parking may be in excess of the amount required. In no
case shall off-street parking be reduced below the minimum.
e. Off-street
parking in districts R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O and R-6 shall be
limited to passenger vehicles only. No trucks shall be parked in the district,
except:
1. For
deliveries; and
2. Any
truck which has a length of 20 feet or less and which is used primarily as the
owner's personal means of transportation and which is licensed for a gross
weight of not more than 12,000 pounds.
(3) Parking
stall size.
a. All
parking stalls shall accommodate a standard-sized car as provided in this
section; however, the director of codes administration may approve the use of
stalls for smaller cars provided sufficient evidence is presented showing the
need for such stalls, but such smaller stalls shall not exceed 50 percent of
the total number of spaces. Such space identity shall be shown on a parking
plan.
b. All
off-street parking facilities established to satisfy the off-street parking requirements
of this chapter should accommodate standard and small cars. Parking spaces for
the handicapped shall be provided if required by any federal, state or local
law. Applicants should submit estimates of the ratios of standard and small car
sizes to the director of codes administration, along with any supporting
information or documentation. The design of the parking facility may
accommodate these sizes of cars in any of the following ways:
1. All
spaces may be designed to the standards for standard-sized cars.
2. A
mixture of space sizes may be used which provides areas exclusively for each
size of car.
3. A
design may be used which allows flexibility in parking space sizes. This may or
may not involve attendant parking.
4. A
method involving a combination of any of the arrangements or other techniques
referred to in subsections (a)(3)b.1 through 3 of this section may be used.
5. Parking
stalls and aisle widths shall conform to chapter 52.
(b)
Computation of specific requirements.
(1) Off-street
parking shall be provided in the amount as enumerated in this subsection for
the following uses, unless the zoning district requires a different amount. For
the method of computing, see subsection (b)(2) of this section.
|
|
Use
|
Number of Parking Spaces
|
|
a.
|
For dwellings or
apartments.
|
Not less than one per each
dwelling or apartment unit. In district R-3, there shall be provided not less
than three per each two units in a multiple dwelling of three or more units.
|
|
b.
|
For buildings having
roomers or boarders.
|
One per each two roomers or
boarders.
|
|
c.
|
For clubs, lodges or
similar organizations.
|
One per each four members,
plus one per each four employees.
|
|
d.
|
For churches.
|
One per each seven persons.
|
|
e.
|
For elementary schools and
junior high schools.
|
One per each four
employees.
|
|
f.
|
For senior high schools.
|
One per each four
employees, plus one per each 15 students.
|
|
g.
|
For educational
institutions, including colleges, universities, business, commercial or trade
schools or any other schools.
|
One per each four
employees, plus one per each ten students.
|
|
h.
|
For hotels or motels.
|
One per each guest room or
suite up to 20 rooms or suites, one for each four guest rooms or suites in
excess of 20 but not exceeding 40 rooms or suites, and one for each six rooms
or suites in excess of 40 rooms or suites.
|
|
i.
|
For hospitals.
|
One per three beds (less
bassinets) plus one per each four employees, including staff doctors.
|
|
j.
|
For convalescent homes.
|
One per each four patients,
plus one per each four employees.
|
|
k.
|
For all places of public
assembly, including but not limited to theaters, arenas, stadiums, dance
halls and funeral homes.
|
One per each four persons,
plus one per each four employees.
|
|
l.
|
For bowling alleys.
|
Ten per each lane, plus one
per each four employees.
|
|
m.
|
For medical offices.
|
Five per each doctor
practicing in the building, but not less than one per each 500 square feet of
gross floor area.
|
|
n.
|
For offices other than
medical offices.
|
One per each 1,000 square
feet of gross floor area.
|
|
o.
|
For businesses engaged in
sale of retail goods or services.
|
One per each 400 square
feet of gross floor area.
|
|
p.
|
For restaurants or any
establishment serving food or drink (the serving of alcoholic beverages as an
incidental accessory use is subject to the definition for restaurants as
contained in chapter 10).
|
One per each 75 square feet
of gross floor area.
|
|
q.
|
For bars, taverns,
carry-on-liquor and all other liquor-by-drink establishments (subject to
definition by chapter 10).
|
One per each 50 square feet
of floor area devoted to patron use. A combination restaurant and bar must be
provided for on a cumulative basis by calculating square footage of the
restaurant and bar area separately and providing parking accordingly.
|
|
r.
|
For industrial buildings
including wholesale businesses and warehouses.
|
One per each four
employees.
|
|
s.
|
For medical research
facilities.
|
One per each 1,250 square
feet of gross floor area.
|
(2) The
following computations shall be used in determining the maximum amount of
off-street parking required for uses enumerated in subsection (b)(1) of this
section:
a. Where
buildings or land are occupied by a combination of uses as enumerated in
subsection (b)(1) of this section, the off-street parking required shall be the
total as required under the method of computation for each of the several uses
located within the building or on the land.
b. Gross
floor area shall be determined by the outside dimensions of the building, less
any area within the building devoted to off-street parking.
c. The
number of persons or employees shall be based upon the total persons and
employees present or on duty at any one time when the maximum functional use of
the building or land is being made.
d. The
number of persons in assembly areas with fixed seating or a designed functional
seating capacity shall be based upon the maximum functional seating capacity.
e. The
number of persons in assembly areas without fixed seating or without a designed
functional seating capacity shall be based upon the total number of square feet
of net floor area actually used for public assembly, divided by 15.
f. If
more than one assembly area within a building is used simultaneously by
different adult persons, then the capacity of all such assembly areas shall be
computed.
g. If
several assembly areas within a building are not used simultaneously but are
used by the same group of persons separately at different times, then the
computation shall be made for assembly areas comprising the maximum
simultaneous occupancy.
(c)
Location of off-street parking.
(1) All
off-street parking shall be provided on the lot on which the use to be served
is located, except that:
a. Uses
which are located in districts R-4, R-5 and R-6 may provide such off-street
parking as required by this section within a community garage which may provide
for the total off-street parking requirements for uses on more than one lot,
provided that any such lot so served is located not more than 500 feet from the
site of the community garage.
b. Uses
which are located in districts C-1 to M-3 may provide such off-street parking
within 500 feet of the lot to be served when such parking is within a
commercial or industrial district except as otherwise permitted by the board of
zoning adjustment under the provisions of section 80-446.
c. Where
parking facilities are permitted on land other than the lot to be served, such
parking facilities shall be in the same ownership as the lot to be served
unless otherwise permitted under terms approved by the board of zoning
adjustment after a public hearing.
d. The
board of zoning adjustment, after public hearing, shall modify the parking
requirements for housing for the elderly subject to the following conditions:
1. Parking
modifications for housing for the elderly may be granted in any district,
including any permitted district (see section 80-271), but not in district R-1
or R-2.
2. Parking
modifications shall provide at least one parking space per three dwelling
units.
3. Only
dwelling units shall be used in making parking determination needs. Beds or
occupancy numbers shall not be used as a factor.
The board of zoning
adjustment, in determining such reduction, also may require open space in lieu
of reduced parking requirements in the event of conversion to housing other
than for the elderly, consider accessibility to bus transportation, consider
accessibility to shopping districts and consider the availability of sidewalks.
(2) In
districts R-1, RA, R-2, R-3, R-4, R-5 and R-6, all off-street parking shall be
in the side or rear yard only, except in a group housing project or a community
unit project, where the location of off-street parking areas shall be subject
to approval of the development plan as provided in sections 80-260 and 80-270;
provided, however, this section shall not be interpreted to prohibit the
parking of vehicles, otherwise permitted, in residential driveways or on pads
authorized by chapter 48.
a. Where
off-street parking is provided in the side yard area, such parking area shall
be set back from the side property line a distance equal to the minimum side
yard required for the district in which it is located, except as otherwise
provided under section 80-446.
b. Where
off-street parking spaces are provided in the rear yard, such parking area
shall observe the minimum setback from the side or rear property line as required
for an accessory building, except as otherwise provided under section 80-446.
(3) In
commercial or industrial districts, the off-street parking shall not be located
in any area required as a yard area.
(4) Where
off-street parking areas are required to be set back from property lines, the
setbacks required shall include all of the parking area intended to be used by
vehicles, including individual parking spaces and all access drives thereto,
except drives providing direct access to the parking area from a street or
alley. The border screening as required by paragraph B above shall be located
at the edge of the parking area but need not be included in the calculation of
the setback required.
(d)
Modification of off-street parking requirements.
(1) The
board of zoning adjustment may modify any of the specific off-street parking
requirements as enumerated in subsections (b) and (c) of this section after a
public hearing, if undue hardship in complying with any of such provisions is
shown.
(2) Before
granting any modification of the requirements of this section, the board shall
determine that:
a. The
amount of the off-street parking to be provided is reasonable in relation to
the nature of the use to be served and that the number of parking spaces, as
required by this section, is not compatible with the actual off-street parking
requirements of the particular use because of unusual circumstances regarding
any such use.
b. Any
off-street parking proposed to be provided other than on the lot of the use to
be served is reasonably located and readily accessible in relation to the use
to be served and is reasonably related to surrounding uses of land, and that
the parking area is either within the same block or not more than 500 feet
distant from the boundaries of the lot to be served, and that such parking is
permitted in the district in which it is located.
c. Modification
of any setback or yard requirement for the parking area or modification of any
construction requirement is necessary because of unique or unusual
circumstances which render the specific requirements of this section
unreasonable and without benefit to surrounding property.
Section
B. That the Council finds and declares that before taking any action on the
proposed amendment hereinabove, all public notices and hearings required by the
Zoning Ordinance have been given and had.
_____________________________________________
I
hereby certify that as required by Chapter 80, Code of Ordinances, the
foregoing ordinance was duly advertised and public hearings were held.
___________________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
___________________________________
Assistant
City Attorney