Board
means the board of zoning adjustment.
Boarder
means any person who, in exchange for valuable consideration, receives the use
of a sleeping room and meals.
Boarding
house means a building other than a hotel, where room and meals are
provided as part of a prearranged agreement.
Building
means any structure having a roof supported by columns or walls for the housing
or enclosure of persons, animals or chattels.
Building
coverage means the percentage of the lot area covered by the building area.
Building
line means a line parallel to the front street line, between which line and
the front street line no part of a building shall project, except as otherwise
provided in this chapter. A building line established by a recorded plat shall
govern.
Chapter
means the zoning ordinance, including this chapter 80.
Collector
street means a street which carries traffic from minor streets to the major
system of arterials streets and highways and includes the principal entrance
streets to residential developments.
Community
unit project means a residential building project of unlimited number of
buildings on any size tract of land.
Converted
dwelling means any residential building which was originally designed and
constructed as a one-, two- or three-family dwelling, but which has been
changed or altered by the construction of additional dwelling units to provide
for three or more families.
Curb
level means the mean level of the curb in front of the lot, or, in case of
a corner lot, along the abutting street where the mean curb is the highest.
Director
of codes administration means the chief building official. The director is
also occasionally referred to in this chapter as the commissioner of buildings
and inspections.
Duplex
means a building designed or used exclusively for residential purposes and
containing two dwelling units separated by a common party wall or otherwise
structurally attached.
Dwelling
means a building or portion thereof designed exclusively for residential
occupancy, but not including hotels or motels.
Dwelling,
multiple means a building or portion thereof designed for three or more
dwelling units.
Dwelling
unit means a building or portion thereof designed exclusively for
residential occupancy by one family and provided with sanitation and cooking
facilities.
Family
means an individual; or two or more persons related by blood, marriage or
adoption; or a group of not more than five persons, excluding servants, who
need not be related by blood or marriage, living together and subsisting in
common as a separate nonprofit housekeeping unit which provides one kitchen; or
a group of eight or fewer unrelated mentally retarded or physically handicapped
persons, including two additional persons acting as houseparents or guardians
who need not be related to each other or to any of the mentally retarded or
physically handicapped persons in residence.
Floor
area means the sum of the areas of the several floors of a building or
structure, including areas used for human occupancy or required for the conduct
of the business or use, and basements, attics and penthouses, as measured from
the exterior faces of the wall. It does not include an area for the parking of
motor vehicles.
Floor
area ratio (FAR) means the ratio of the floor area to the lot area, as
determined by dividing the floor area by the lot area.
Garage,
community means a building or portion thereof, other than a public or
private garage, providing storage for motor vehicles with facilities for
washing, but not other services, such garage to be in lieu of private garages
within a block or portion of a block.
Garage,
private means an accessory building for the storage only of motor vehicles.
Garage,
public means a building or premises which is operated for commercial
purposes and used for the storage, care or repair of motor vehicles.
Group
housing project means a residential building project consisting of four or
fewer buildings on a tract or lot consisting of three or less acres.
Halfway
house means a facility for rehabilitation of drug addicts; rehabilitation
of alcoholics; and rehabilitation of prisoners or juvenile delinquents who are
considered to be substance abusers; or for the rehabilitation of ex-offenders
in a controlled environment with supervision and treatment or counseling
provided on-site on an interim basis after referral from a public agency or
institutional facility.
Height
of buildings means the vertical distance measured from the highest of the
following three levels:
(1) From
the curb level;
(2) From
the established or mean street grade in case the curb has not been constructed;
or
(3) From
the average finished ground level adjoining the building if it sits back from
the street line; to the level of the highest point of the roof beams of flat
roofs or roofs inclining not more than one inch to the foot and to the mean
height level of the top of the main plate and highest ridge for other roofs.
Home
occupation means any occupation of a service character, customarily
conducted within a dwelling, and clearly incidental and secondary to the
primary use of a dwelling, which does not change the character thereof and does
not have any exterior evidence of such secondary use. A home occupation shall
be carried on only by members of a family actually residing in the dwelling,
and in connection therewith no stock-in-trade or no commodity for sale shall be
kept on the premises.
Homeless
shelter means a charitable facility operated by either a not-for-profit
corporation or a church to provide temporary housing for individuals without
any apparent means of support.
Hotel
means a building occupied or used generally as a temporary place of residence
by individuals or groups of individuals who are lodged, with or without meals,
and in which there are more than 15 sleeping rooms, and no provision is made
for cooking in any individual guestroom.
Incinerator
means a solid waste processing facility consisting of any device or structure
resulting in weight or volume reduction of solid waste by combustion.
Inn
means a building occupied or used generally as a temporary place of residence
of individuals or groups of individuals who are lodged, with or without meals,
and in which there are less than 15 sleeping rooms.
Junk
handling yard means a place where waste, discarded or salvaged metals, used
plumbing fixtures and other materials are bought, sold, exchanged, stored,
baled or cleaned; and a place for the storage of salvaged materials and
equipment from house wrecking and salvaged structural steel; but excluding
pawnshops and establishments for the sale, purchase or storage of used cars in
operable condition, salvaged machinery, or used furniture and household
equipment, and the processing of used, discarded or salvaged materials as part
of manufacturing operations.
Lodger
means any person who, in exchange for valuable consideration, receives the use
of a sleeping room without meals or cooking privileges.
Lodging
house means a building, other than a hotel, where a room without meals or
cooking privileges for five or more persons is provided for compensation.
Lot
means a plot, parcel or tract of land with frontage on a street occupied or
proposed to be occupied by one building or uses customarily incident to it.
Lot
area means the area contained within the property lines of individual
parcels of land shown on a subdivision plat or required by this chapter,
excluding any existing or designated future street right-of-way.
Lot,
corner means a lot abutting upon two or more streets at their intersection.
Lot
depth means the mean horizontal distance from the front street line to the
rear line of a lot.
Lot,
interior means a lot whose side lines do not abut a street.
Lot,
through means an interior lot having frontage on two streets and
distinguished from a corner lot.
Lot
width means the mean horizontal distance between the side lines of the lot
measured at right angles to the depth.
Major
thoroughfare (street) means streets having, as their primary purpose, to
provide for through traffic movement between areas and across the city, and
having, as their secondary purpose, direct access to abutting property, subject
to necessary control of entrances, exits and curb use and as further defined in
the major street plan as primary or secondary arterials.
Marquee
means any hood of noncombustible construction projecting more than 12 inches
from the wall of a building above an entranceway and having a roof area greater
than 12 square feet.
Materials
recovery facility means a facility where source-separated materials are
separated and processed, but such operations shall not include auto wrecking
and junk handling.
Mobile
home means a factory-built structure more than eight feet in width and 32
body feet or more in length, equipped with the necessary service connections
and made so as to be readily movable as a unit on its own running gear and
designed to be used as a dwelling unit with or without a permanent foundation.
Mobile
home development means any development, site, parcel or tract of land
designed, maintained or intended to be used for the purpose of providing
longterm accommodation of more than 30 days for placement of two or more mobile
homes, and includes all buildings used or maintained for the use of the
residents of the development. This term shall not be used in conjunction with
any mobile home or trailer sales lots which contain unoccupied units that are
intended solely for inspection and sale.
Motel
means a motorist's hotel where no portion of the building exceeds two stories
in height and where at least 50 percent or more of the guestrooms are on the
ground floor level and open directly on a private roadway or court.
Nonconforming
use, yard or building means a use, yard or building that does not comply
with the regulations of the district in which it is situated.
Off-street
parking space means a paved area to which an automobile has direct access
from a paved aisle of sufficient width.
Private
club means a building and necessary grounds used for and operated by a
nonprofit organization, membership to which is by invitation and election
according to qualifications in the club's charter and bylaws.
Row
house means a row of three or more attached dwelling units, also known as a
townhouse.
Sign
means any advertisement, announcement, direction or communication produced in
whole or in part by the construction, erection, affixing or placing of a
structure on any land or on any other structure, or produced by painting on or
posting or placing any printed, lettered, pictured, figured or colored material
on any building, structure or surface.
Sign,
advertising copy. The term "advertising copy," as used in this
chapter, means all letters, numbers and symbols constituting an advertising
message.
Sign,
animated means any sign with moving, rotating (other than on a vertical
axis) or other mechanical parts, including banners, pennants or other
advertising devices strung across a building or premises, which relies upon
wind currents to create movement or the illusion of movement.
Sign,
business advertising means an on-premises sign, other than an outdoor
advertising, incidental or temporary sign as defined by this chapter, which
directs attention to a business, commodity, service, activity or product sold,
conducted or offered on the premises where such sign is located.
Sign,
changeable copy panel means any panel which is characterized by changeable
copy, illuminated or unilluminated, regardless of method of attachment.
Sign,
flat wall or fascia means a sign which is either painted on or affixed in
some way to an exterior wall of a building or structure and which projects not
more than 12 inches from the wall and presents only one face with advertising
copy to the public.
Sign,
freestanding means a sign which is supported by one or more columns,
uprights or braces in or upon the ground or supported directly upon the ground.
Sign,
gross area of means the smallest square, rectangle, triangle, circle or
combination thereof necessary to encompass the entire perimeter enclosing the
extreme limit of all elements composing such sign but not including any
structural elements lying outside the limits of such sign and not forming an
integral part of the display. Except as otherwise provided in this chapter, each
face of a double-faced sign shall be computed and added to determine the gross
area. This calculation may be applied separately to each separate outlined
letter, number or symbol of a sign which has no other sign face.
Sign,
incidental means a sign which guides or directs pedestrian or vehicular
traffic.
Sign,
outdoor advertising means an off-premises sign which directs attention to a
business, commodity, service, activity or product sold, conducted or offered
off the premises where such sign is located.
Sign,
roof means a sign, any part of which extends above the low point of a roof
or parapet wall of a building and which is wholly or partially supported by the
building.
Sign
structure means a structure which ordinarily serves no other purpose than
to support a sign. Structures or symbols such as statuary or similar devices
which are used for advertising purposes shall be construed as a business
advertising sign or as an outdoor advertising sign, as the case may be.
Sign,
temporary means a sign, directing attention to a temporary condition,
including "for sale," "for rent," "for lease" or
similar temporary real estate signs, but not including other business or
outdoor advertising signs; signs identifying construction projects, including
names of persons or firms engaged in the project; and signs for temporary uses
of land such as carnivals, circuses or fairs, wherever such temporary uses are
permitted. Temporary signs shall also include banners, pennants and unofficial
flags, except those mounted upon permanent staffs, commemorating or drawing
attention to a temporary activity, and signs of a political nature pertaining
to public elections, including voting places.
Sign,
tri-vision means a sign which, by the intermittent, simultaneous revolving
of portions of its surface area, exhibits different messages in succession on
the surface area, but with only one message viewable at any one time.
Sign,
under-marquee means a lighted or unlighted display attached to the
underside of a marquee or canopy and protruding over private sidewalks or
rights-of-way.
Solid
waste separation facility means a facility where mixed municipal solid
waste is separated into recovered materials and other components either
manually or mechanically and further processed for transporting to other
facilities, including a solid waste disposal area.
Stable,
private means a detached accessory building for the housing of horses,
ponies or mules owned by the occupants of the premises and not kept for
remuneration, exhibition, hire or sale.
Stable,
riding means a structure in which horses, mules or ponies used exclusively
for pleasure riding or driving are housed, boarded or kept for hire, including
riding tracks or academies.
Story
means that part of a building included between the surface of any floor and the
surface of the floor next above, or, if there is no floor above, then the space
between such floor and the ceiling next above it. A top story attic is a
half-story when at least two of its opposite sides are situated in a sloping
roof and the floor area of the attic does not exceed two-thirds of the floor
area immediately below it. An unoccupied basement shall not be considered a
story.
Street
means a thoroughfare available to the public which affords the principal means
of access to abutting property.
Street
line means the dividing line between the street and the lot.
Structural
alterations means any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any structural
change in the roof, but not including extension or enlargement.
Structure
means anything constructed or erected, which requires location on the ground,
or attached to something having a location on the ground, including but not
limited to advertising signs, billboards and poster panels, but exclusive of
customary fences or boundary or retaining walls.
Transfer
station means a solid waste facility utilized as a central collection point
at which solid waste from collection trucks or from a centralized location is
placed in long haul carriers for transfer to a solid waste separation facility
or to a solid waste disposal area.
Travel
trailer means a portable vehicular unit mounted on wheels designed to
provide temporary living quarters for recreational, camping or travel use and
of such size or weight as not to require special highway movement permits when
drawn by a motorized vehicle. Such units commonly described as travel trailers,
campers, motor homes, converted buses or other similar units, whether they are
self-propelled or pulled, or can be hauled without a special permit, would be
considered examples of travel trailers.
Travel
trailer camp means any development site, parcel or tract of land designed,
maintained or intended to be used for the purpose of providing shortterm
accommodation, up to and including 30 days or less, for placement of two or
more travel trailer units, and shall include all buildings used or maintained
for the use of the occupants in the trailer camp.
Truck
includes tractor and trailer trucks, or any motor vehicle which carries a truck
license.
Used
tire facility means a site where waste tires are collected or processed
prior to being offered for recycling or further processing or transferred for
disposal.
Yard,
front means an open space, unoccupied except as provided in this chapter,
on the same lot with a building or structure, between the wall of the building
or structure nearest the street on which the lot fronts and the line of that
wall extended, the side lines of the lot and the front street line of the lot.
The minimum depth of the front yard shall be the distance between the nearest
point of the street wall of the building and front line of the lot, or that
line produced, measured at right angles to the front line of the lot. The front
yard of a corner lot shall be as follows:
(1) The
front yard of a corner lot consisting of one platted lot shall be adjacent to
that street on which the lot has its least dimension, unless there is a
question as to which is the least dimension. When this question arises, the
director of codes administration shall make the determination.
(2) If a
corner lot consists of all or more than two platted parcels of land, each of
whose least dimension is on the same street as the other lots in the block,
then the location of the front yard of this lot shall be on the same street as
the other lots.
(3) If a
corner lot consists entirely of unplatted land or a combination of platted
land, the front yard shall be on that street on which there front the greater
number of lots, either platted or unplatted.
Any
question as to the requirements for a corner lot set out in this definition
shall be determined by the director of codes administration.
Yard,
least dimension means the least of the horizontal dimensions at any level
of such yard at such level.
Yard,
rear means an open space, unoccupied except as provided in this chapter, on
the same lot with a building, between the rear line of a building and that line
extended, the side lines of the lot and the rear line of the lot. Where no rear
line exists, a line parallel to the front street line and distant as far as
possible therefrom entirely on such lot and no less than ten feet long shall be
deemed the rear line. The depth of the rear yard shall be the distance between
the nearest point of the rear wall of the building and the rear line of the
lot, or that line produced, measured at a right angle to the rear line of the
lot.
Yard,
side means an open space, unoccupied except as provided in this chapter, on
the same lot with a building, situated between the building and the side line
of the lot and extending through from the front yard to the rear yard. Any line
not a rear line or a front line shall be deemed a side line.
Yard
waste compost facility means a facility that processes grass, leaves, brush
and other organic landscape wastes from more than one household, institution or
business establishment.
(b) Words
not otherwise defined in this section shall have their common meanings. Words
used in the present tense include the future; and the singular number includes
the plural and the plural the singular, unless the context clearly implies
otherwise.
Sec.
80-90. District R-5 (high apartment).
(a) Purpose.
District R-5 is a transitional district but predominantly residential in
character. It is designed to provide high density apartment construction as
well as certain institutional uses compatible with high density residential
development. Other uses permitted are noncommercial in nature and serve to
buffer residential and commercial developments.
(b) Use
regulations. In district R-5, no building or land shall be used, and no
building shall be erected, altered or enlarged, which is arranged, intended or
designed for other than one of the following uses, except as otherwise provided
in this chapter:
(1) Any
use permitted in district R-4.
(2) Apartment
hotels and hotels.
(3) Clinics
for people only, and offices of surgeons, physicians, including osteopaths and
chiropractors, or dentists, under the following conditions:
a. The
clinic or office adjoins or abuts a business or industrial district within the
same block;
b. The
clinic or office borders or fronts on a major thoroughfare; and
c. Off-street
parking is provided on the premises as required for medical office buildings in
section 80-444, plus an additional 25 percent of that requirement.
(4) Convalescent
homes, including congregate care facilities, nursing or old folks' homes, other
than for mental patients, alcoholics or persons having contagious diseases.
(5) Eleemosynary
uses or institutions, other than those specifically enumerated in this chapter,
under the following conditions:
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 subsection (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 as 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) Inns
with a public dining room, banquet facility or restaurant under the following
conditions:
a. Specific
plans are presented to the board of zoning adjustment for approval, and its
approval shall be based upon these plans.
b. The
proposed use will not affect adversely the present character or future
development of the surrounding residential community.
c. 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.
d. If
a new building is to be constructed, the side yard requirements for this
district shall be increased by one hundred percent (100%), except on the side
street of a corner lot; and the rear yard requirements for this district shall
be increased by fifty percent (50%). The property shall be suitably landscaped
and well maintained.
e. A
permit may be issued for a specified period of time as well as for an unlimited
time at the request of the applicant and at the discretion of the board. If
the permit is for a specified period of time, the board may renew the permit
upon expiration.
f. The
board may impose such conditions as to operation, site development, signs,
times of operation or any other matter as may be deemed necessary in order that
such use shall not materially injure or curtail the appropriate use of
neighboring property; shall not jeopardize the public health, safety and
welfare; and does not violate the general spirit or intent of this section.
g. The
public dining room, banquet facility or restaurant shall be operated or
supervised by the inn management and the public entrance to such dining room,
banquet facility or restaurant shall be 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.
h. The
size of any banquet facility located within an inn shall not exceed more than
fifteen percent (15%) of the total gross square feet of the principal building.
(13) 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.
Section
2. 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