[CC 1985 §42.600; Ord. No. 304 §1, 8-17-1987; Ord. No. 330-C §1, 12-18-1989; Ord. No. 335-C §2, 4-16-1990; Ord. No. 700-C §1, 5-8-2012]
A.
The special exceptions listed in Article XIII and their accessory buildings and uses may be permitted by the Planning Commission and Board of Aldermen in the districts indicated therein, in accordance with the procedure set forth in this Section and the requirements listed in Article XIII. There shall be no more than one (1) special use exception on any given lot. Under no circumstances shall there be a combination of special use exception and home occupation in existence on any one (1) lot.
B.
Upon receipt of an application for a permit for a special use exception, the Building Inspector shall refer to the Planning Commission for investigation as to the manner in which the proposed location and character of the special use exception will affect the Comprehensive Community Plan and how the standards in Article XIII are applied. The Planning Commission should report the results of its study to the Board of Aldermen within sixty (60) days following receipt of the application. If no such report has been filed with the Board of Aldermen within this time period, the Board of Aldermen shall proceed to process the application.
C.
A fee
of one hundred fifty dollars ($150.00) shall be paid to the Clerk
of the City of Canton at the time the application is filed, and an
additional fee of fifteen dollars ($15.00) should be paid to the City
Clerk prior to the time publication of "Notice of Public Hearing"
is ordered by the Board of the City. All fees received hereunder by
the City Clerk shall be paid over to the credit of the General Revenue
Fund of the City.
D.
The
Board of Aldermen shall then conduct a public hearing after fifteen
(15) days' notice thereof has been given. Following the hearing and
upon an affirmative finding by the Board of Aldermen that:
1.
The proposed special use exception is to be located in a district
wherein such use may be permitted, and
3.
The special use exception is consistent with the spirit, purpose
and intent of the Comprehensive Community Plan, will not substantially
and permanently injure the appropriate use of neighboring property,
and will serve the public convenience and welfare, the Board of Aldermen
shall order the Building Inspector to issue a zoning special use exception
permit.
E.
An
existing lawful use which is listed herein as a special use exception
and which is located in a district in which such special use exception
may be permitted shall be considered a conforming use.
F.
Any
expansion of such special use exception involving the enlargement
of buildings, structures and land area devoted to such use shall be
subject to the procedure described in this Section.
G.
If the nature of the special use exception involves more than one (1) of those listed in Article XIII, the applicant may apply for a permit for the special use exception which most closely relates to the primary use, provided that the requirements of all related uses are met.
H.
Special Use Exceptions. There shall be added as special
use exceptions the following designated uses:
1.
Bed and breakfast.
a.
Said new special use shall be defined as follows: one (1) to no more
than four (4) rooms set aside for the lodging of paying guests. This
will be a secondary source of income for the host but is still considered
a business. Breakfast may or may not be served.
b.
Said special use shall be allowed in all "R" Districts.
c.
Said special use shall be subject to the following requirement designations:
a2, b1, c1, f1 and h1.
6.
Community center, defined as a single building, commercial non-residential
structure, subject to the following requirement designations:
[Ord. No. 747-C §1, 3-9-2015]
a.
Allowed in all "R" Districts.
b.
Minimum yard area, c12 (at least ten (10) feet on all sides).
c.
Parking spaces, k14 (one (1) per three (3) employees plus one
(1) per five hundred (500) square feet of use area).
d.
Distance of parking area from residential use, l1, (ten (10)
feet).
e.
Covenant by owners to perpetuate maintenance and approve future
improvements - requirement designation q.
f.
No sales, dead storage, repair work or dismantling on the lot,
requirement designation x.
[CC 1985 §42.610]
A.
The
district regulations hereinafter set forth in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Chapter.
1.
Additional height regulations.
a.
Single-family dwellings and two-family dwellings may be increased
in height by not more than ten (10) feet when the side and rear yards
are increased over the yard requirements of the district in which
they are located by not less than ten (10) feet each, but they shall
not exceed three (3) stories in height.
b.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
stacks, stage towers or scenery lofts, tanks, water towers, ornamental
towers and spires, radio towers, or necessary mechanical appurtenances
may be erected to a height in accordance with existing or future ordinances
of the City of Canton.
2.
Additional area regulations.
a.
No accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced and no accessory
building shall be used for dwelling purposes unless the main building
on the lot is also being used for dwelling purposes.
b.
More than one (1) industrial, commercial, multiple-dwelling or institutional
building may be erected upon a single lot or tract, but the yards
and open spaces required around the boundaries of the lot or tract
shall not be encroached upon by any such buildings, nor shall there
be any change in the intensity of use requirements.
c.
When more than one (1) multiple-dwelling building is erected upon
a single lot or tract, the minimum distance between the main buildings
shall be the following:
(1)
Front to front, seventy (70) feet; front to rear, six hundred
fifty (650) feet.
(2)
Side to side, one-half (½) the height of the taller building
but not less than twenty (20) feet.
(3)
Front to side or rear to side, the height of the taller building
but not less than thirty (30) feet.
(4)
Rear to rear, fifty (50) feet.
d.
Where an open space is more than fifty percent (50%) surrounded by
buildings, the minimum width of the open space shall be thirty (30)
feet for one-story buildings, forty (40) feet for two-story buildings,
and fifty (50) feet for three-story buildings.
3.
Additional yard regulations.
a.
In computing the depth of a rear yard, one-half (½) of the
alley width may be included as a portion of the rear yard where the
yard opens onto an alley.
b.
Accessory buildings which are not a part of the main building may
be built in a rear yard within five (5) feet of the rear lot line.
An accessory building which is not a part of the main building shall
occupy not more than thirty percent (30%) of the required rear yard.
c.
Every part of a required yard shall be open to the sky, unobstructed,
except for accessory buildings in a rear yard, and except for the
ordinary projections of skylights, sills, belt courses, cornices and
ornamental features projecting not to exceed twelve (12) inches. This
requirement shall not prevent the construction of fences not exceeding
eight (8) feet in height, except on that portion of lots within thirty
(30) feet of the intersection of two (2) or more streets.
d.
Open or lattice-enclosed fire escapes, fireproof outside stairways,
balconies opening upon fire towers projecting into a yard not more
than five (5) feet, and the ordinary projections of chimneys and flues
may be permitted by the Building Inspector.
e.
For the purposes of side yard requirements, a two-family dwelling
shall be considered as one (1) building occupying a single lot.
f.
An open unenclosed porch not more than one (1) story in height or
paved terrace may project into the required front yard for a distance
not exceeding ten (10) feet. An enclosed vestibule containing not
more than forty (40) feet may project into the required front yard
for a distance not to exceed four (4) feet.
g.
Terraces, uncovered porches, platforms and ornamental features which
do not extend more than three (3) feet above the floor level of the
first (ground) story may project into a required yard, provided these
projections be at least two (2) feet distance from the adjacent side
lot line.
h.
When forty percent (40%) of a frontage is developed with two (2)
or more buildings, then the depth of the front yards heretofore established
shall be adjusted in the following manner:
(1)
When the building furthest from the street provides a front
yard not more than ten (10) feet deeper than the building closest
to the street, then the average depth of the front yard for such frontage
shall be the minimum depth of the front yard for new buildings in
such block.
(2)
When the above is not the case and the lot is within one hundred
(100) feet of an existing building on each side, excluding, however,
buildings on corner lots which front upon the intersecting street,
then the depth of the front yard is determined by a line drawn from
the closest front corners of these two (2) adjacent buildings.
(3)
When neither paragraph (1) or (2) is the case and the lot is
within one hundred (100) feet of an existing building on one (1) side
only, excluding, however, buildings on corner lots which front upon
the intersecting street, then the depth of the front yard is the same
as that of other existing adjacent buildings.
i.
In all districts a triangular space shall be maintained at the street
corner of a corner lot, free from any kind of obstruction to vision,
between the heights of three (3) and twelve (12) feet above the established
street grade. The street grade is measured at the intersection of
the centerlines of the intersecting street pavements, and the triangular
space is determined by a diagonal line connecting two (2) points measured
fifteen (15) feet equidistant from the intersection of the property
lines extended on the corner of the lot using each of the street right-of-way
lines.
j.
In single-family dwelling districts "R-1" and "R-2", when eighty
percent (80%) of the frontage of a block on both sides of the street
between two (2) intersecting streets or between an intersecting street
and a cul-de-sac has been developed with main buildings and accessory
buildings with side yard widths less than are required in the dwelling
district in which said property is situated, then the side yard requirement
for any main buildings or accessory buildings in said block shall
be the average side yard width of all parcels of property in said
block rather than the side yard set forth in the dwelling district
in which said parcel of property is situated. In determining the existing
side yard width of any developed parcel, in order to compute the average
herein required, the side yard width at the main building on any developed
parcel should be used, except that when an accessory building exists
with a smaller side yard than that of the main building, the side
yard width shall be taken as being the average between that at the
main building and that at the accessory building.
[CC 1985 §42.630; Ord. No. 260-C §§1—2, 4-15-1985]
A.
General Provisions.
1.
Procedure. An application for a building permit
for a new or enlarged building, structure or use should include therewith
a plot plan, drawn to scale and fully dimensioned, showing any off-street
parking or loading facilities to be provided in compliance with the
requirements of this Chapter.
2.
Extent of control. The off-street parking and loading
recommendations in this Chapter shall apply as follows:
a.
All buildings and structures erected and all land uses shall provide
accessory off-street parking or loading facilities as recommended
herein after for the use thereof.
b.
When a building or structure erected or enlarged prior to or after
the effective date of this zoning ordinance shall undergo a decrease
in the number of dwelling units, gross floor area, seating capacity,
number of employees, or other unit of measurement specified hereinafter
for required off-street parking or loading facilities and, further,
when said decrease would result in a requirement for fewer total off-street
parking or loading spaces through application of the provisions of
this Chapter, off-street parking and loading facilities may be reduced
accordingly, provided that existing off-street parking or loading
facilities are so decreased only when the facilities remaining would
at least equal or exceed the off-street parking or loading requirements
resulting from application of the provisions of this Chapter to the
entire building or structure as modified.
c.
When a building or structure undergoes any increase in the number
of dwelling units, gross floor area, seating capacity, or other unit
of measurement specified hereinafter for off-street parking or loading
facilities and, further, when said increase would result in a requirement
for additional total off-street parking or loading spaces the number
of spaces required shall be increased so that the facilities would
at least equal or exceed the off-street parking or loading requirements
resulting from application of the provisions of this Chapter to the
entire building or structure as modified.
3.
Existing off-street parking and loading spaces. Accessory
off-street parking and loading spaces in existence on the effective
date of this zoning ordinance may not be reduced in number unless
already exceeding the requirements in this Section for equivalent
new construction; in which event, said spaces shall not be reduced
below the number stated herein for such equivalent new construction.
4.
Schedule of requirements.
a.
Requirements governing the number and location of off-street parking,
off-street loading facilities in relation to the use of property are
required in subsequent Sections of the Chapter. The off-street parking
and loading requirements for any use not specified therein shall be
the same as for a similar specified use.
b.
Floor area. The term "floor area", as employed in this Section, means the gross floor area of a building
or structure used for or intended to be used for service to the public
as customers, patrons, clients, patients or tenants, including areas
occupied by fixtures and equipment used for display of any sale of
merchandise.
"Floor area", for the purposes of this Section, should not include
any floor space used for:
B.
Additional Regulations—Parking.
1.
Use of off-street parking facilities. Off-street
parking facilities accessory to residential use and developed in any
residential district in accordance with the requirements of this Section
shall be used solely for the parking of passenger automobiles, or
commercial vehicles of not more than one (1) ton GVW, owned by occupants
of the dwelling structure to which such facilities are accessory or
by guest of said occupants.
2.
Joint parking facilities. Off-street parking facilities
for different buildings, structures or uses, or for mixed uses, may
be provided collectively in any zoning district in which separate
off-street parking facilities for each constituent use are permitted,
provided that the total number of spaces so located together are not
less than the sum of the separate requirements for each use and not
more than three hundred (300) feet from the lot on which the main
building is located.
In any case where the required parking spaces are not located
on the same lot with the building or use served, or where such spaces
are collectively or jointly provided and used, a written agreement
thereto assuring their retention for such purposes shall be properly
drawn and executed by the parties concerned, approved as to form and
execution by the City Attorney, and shall be filed with the application
for a building permit.
3.
Not more than fifty percent (50%) of the parking spaces required for (1) theaters and places of amusement, and up to one hundred percent (100%) of the parking spaces required for a church or school, may be provided and used jointly (2) banks, office, retail stores, repair shops, service establishments, and similar uses not normally open, used or operated during the same hours as those listed in Subsection (B)(1); provided however, that in each such case a written agreement assuring the retention for such purpose shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney, and shall be filed with the application for a building permit.
4.
Control of off-site facilities. When required accessory
off-street parking facilities are provided elsewhere than on the lot
on which the principal use served is located, they should be in the
same possession, either by deed or long-term lease, as the property
occupied by such principal use, and the owner shall be bound by covenants
of record filed in the office of the City Clerk, requiring the owner
and his/her heirs and assigns to maintain the required number of off-street
parking spaces during the existence of the principal use.
5.
Permitted districts for accessory parking. Accessory
parking facilities provided elsewhere than on the same zoning lot
with the principal use served in accordance with the requirements
below may be located in any zoning district except as follows:
a.
No parking facilities accessory to a business or manufacturing use
shall be located in a residential district except where authorized
by the Board of Aldermen as prescribed hereinafter.
6.
Non-residential parking in residential districts. Accessory off-street parking facilities serving non-residential
uses of property may be permitted in any "R" District, when authorized
by the Board of Aldermen after review and study by the Planning Commission,
subject to the following requirements in addition to all other relevant
requirements.
a.
The parking lot shall be accessory to, and for use in connection
with, one (1) or more non-residential establishments located in adjoining
districts or in connection with one (1) or more existing professional
or institutional office buildings or institutions, if the parking
lot proposed is within three hundred (300) feet of the non-residential
use which it is to serve.
b.
The parking lot shall be used solely for the parking of passenger
automobiles and commercial trucks.
c.
No commercial repair work or service of any kind shall be constructed
on the parking lot.
d.
No sign of any kind other than signs designating entrances, exits
and conditions of use, shall be maintained on the parking lot and
shall not exceed twenty (20) feet in area.
e.
The parking lot may be open from 7:00 A.M. to 9:00 P.M. and shall
be closed at all other times; provided however, that when supervised
by one (1) or more full-time attendants, the parking lot may be kept
open until 12:00 Midnight. Parking lot lights shall be turned off
when the lot closes.
f.
Each entrance to and exit from the parking lot shall be at least
twenty (20) feet distant from any adjacent property located in any
residential district, except where ingress and egress to the parking
lot is provided from a public alley or public way separating the residential
areas from the proposed parking lot.
g.
In addition to the foregoing requirements, such parking lots shall
conform to any further requirements and conditions as may be prescribed
by the Board of Aldermen for the protection of properties adjacent
to and in the vicinity of the proposed parking lot.
7.
Design and maintenance.
a.
Parking space—description. A required off-street
parking space shall be an area of not less than one hundred eighty
(180) square feet nor less than nine (9) feet wide by twenty (20)
feet long measured perpendicularly to the sides of parking space exclusive
of access drives or aisles, ramps, columns, or office and work areas,
accessible from streets or alleys or from private driveways or aisles
leading to streets or alleys and to be used for the storage or parking
of passenger automobiles or commercial vehicles under one and one-half
(1½) ton capacity. Aisles between vehicular parking spaces
shall be not less than twelve (12) feet in width when serving automobiles
parked at a forty-five degree (45°) angle in one (1) direction
nor less than twenty-five (25) feet in width when serving automobiles
parked perpendicularly.
b.
Measurement of space. When determining the number
of required off-street parking spaces results in a requirement of
a fractional space, any fraction up to and including one-half (½)
shall be disregarded, and fractions over one-half (½) shall
be interpreted as one (1) parking space.
c.
Access. Parking facilities shall be designed with
appropriate means of vehicular access to a street or alley in such
a manner as will least interfere with the movement of traffic and
so designed as to permit adequate maneuvering area for vehicles to
turn around where only one (1) entry or exit is provided in order
that no backing of vehicles into the street is required. No driveway
or curb cut in any district shall exceed twenty-five (25) feet in
width.
d.
Signs. No signs shall be displayed in any parking
area within any residential district, except such as may be necessary
for the orderly use of parking facilities.
e.
Required setbacks. No parking space nor portion
thereof established on the same zoning lot with a building shall be
located within a required front yard. No parking spaces nor portion
thereof established on a zoning lot without a building shall be located
closer to any street line than the established building line on adjacent
properties nor closer than the front yard setback required for the
district in which the parking lot is located. Further, any wall, fence
or hedge developed around any parking area shall be subject to the
front yard setback requirements of this Chapter in the same manner
as a building or structure.
f.
Surfacing. All off-street parking areas except
those accessory to single-family dwellings shall be improved with
a compacted rock base of crushed limestone to a depth not less than
four (4) inches compacted to a ninety-five percent (95%) proctor density.
(1)
Periodic inspection. The City of Canton, Missouri,
shall make periodic inspections of all off-street parking areas through
its designated agent, after five (5) days' written notice to the landowner
or possessor of such off-street parking area, to determine whether
the surface of the parking area has four (4) inches of compacted limestone
as provided for herein.
(2)
Addition of crushed limestone. At any time
that inspection by the City shall disclose that there is less than
four (4) inches of crushed limestone on any off-street parking area,
the City shall notify the landowner of the off-street area, in writing,
of the fact that additional crushed limestone surfacing will be required
pursuant to the provisions of this Chapter, with the notice specifying
the amount of additional limestone required, the location on the off-street
parking area where the additional crushed limestone is required, and
specifying the time in which the additional limestone should be applied,
said time to be not less than thirty (30) days.
(3)
Appeal. Any landowner desiring to appeal the
order to add crushed limestone to an off-street parking area may file
an appeal from the order to add crushed limestone with the Board of
Adjustment as otherwise provided for in this Chapter.
g.
Lighting. Any lighting used to illuminate an off-street
parking area shall be arranged so as to reflect the light away from
all adjoining properties.
h.
Stormwater. Adequate stormwater drainage facilities
shall be installed in order to insure that stormwater does not flow
onto abutting property or abutting sidewalks in such a way or quantity
that pedestrians using the sidewalk would be detrimentally affected
or inconvenienced. The City Engineer shall approve all such facilities.
C.
Location Of Parking Areas.
1.
Extension of control. Off-street automobile parking
facilities shall be located as hereinafter specified; where a distance
is stated, the distance shall be walking distance measured from the
nearest point of the parking area to the nearest entrance of the building
that the parking area is required to serve.
a.
For one- and two-family dwellings—on the same lot with the
building they are required to serve.
b.
For three- and four-family dwellings not over two (2) stories in
height, row dwelling not over one and one-half (1½) stories
in height—on the same lot or parcel of land as the building
they are required to serve. For the purpose of this requirement, a
group of such uses constructed and maintained under a single ownership
or management shall be assumed to be on a single lot or parcel of
land.
c.
For apartment houses containing four (4) or more dwelling units on
the same lot or parcel of land as the building they are required to
service, or on a separate lot or parcel of land not more than three
hundred (300) feet from the nearest entrance to the main building
being served, provided the lot or parcel of land selected for the
parking facilities is located in a multiple-family district or a less
restricted district.
d.
For clubs, hospitals, sanitariums, orphanages, homes for the aged,
convalescent homes, and for other similar uses, the off-street parking
facilities required shall be on the same lot or parcel of land as
the main building or buildings they are intended to serve.
e.
For uses other than those specified above, off-street parking facilities
shall be provided on the same lot or parcel of land not over one thousand
(1,000) feet from any entrance of the main building measured from
the nearest point of the parking area, provided the separate lot or
parcel of land intended for parking facilities is located in the same
district as the principal permitted use of in a less restricted district.
D.
Schedule Of Off-Street Parking Requirements.
1.
One- and two-family dwellings. One (1) parking space
for each family dwelling unit, behind the building line.
2.
Three (3) and more family dwellings. One and one-half
(1½) parking space for each family dwelling unit.
3.
Bowling alleys, recreation centers, swimming pools, skating
rinks, and other recreation and amusement facilities. One
(1) parking space for every five (5) customers computed on the basis
of maximum servicing capacity at any one (1) time plus one (1) additional
space for every two (2) persons regularly employed on the premises.
4.
Clubhouses and permanent meeting places of veteran, business,
civic, fraternal, labor and similar organizations. One (1)
parking space for every fifty (50) square feet of aggregate floor
area in the auditorium, assembly hall and dining room of such building
plus one (1) additional space for every two (2) persons regularly
employed on the premises.
5.
Funeral homes and undertaking establishments. Parking
or storage space for all vehicles used directly in the conduct of
the business plus one (1) parking space for every two (2) persons
regularly employed on the premises and one (1) space for every four
(4) seats in the auditorium or chapel of such establishment.
6.
Hospitals. One (1) parking space for each bed intended
for patients, excluding bassinets, plus one (1) per doctor plus one
(1) additional space for every additional two hundred (200) square
feet of floor area.
7.
Mobile/manufactured homes. One (1) parking space
for each mobile/manufactured home used for dwelling or sleeping purposes.
8.
Indoor retail business. Parking or storage space
for all vehicles used directly in the conduct of such business plus
three (3) parking spaces for the first one thousand (1,000) square
feet of total area and one (1) additional space for every additional
two hundred (200) square feet of floor area.
9.
Industrial plants and facilities. Parking or storage
space for all vehicles used directly in the conduct of such industrial
use plus one (1) parking space for every two (2) employees on the
premises at maximum employment on a single shift.
10.
Junior and senior high schools. One (1) parking
space for every eight (8) seats available at maximum capacity in the
assembly hall, auditorium, stadium or gymnasium of greatest capacity
on the school grounds or campus. If the school has no assembly hall,
auditorium, stadium or gymnasium, one (1) parking space should be
provided for each person regularly employed at such school plus two
(2) additional spaces for each classroom.
11.
Libraries, museums, post offices and similar establishments. Parking or storage space for all vehicles used directly in the operation
of such establishments plus three (3) parking spaces for the first
one thousand (1,000) square feet of total floor area and one (1) additional
space for every additional two hundred (200) square feet of floor
area.
12.
Medical and dental clinics. Three (3) parking spaces
for each doctor plus one (1) additional space for every two (2) regularly
employed.
13.
Nursing homes. One (1) parking space for every
two (2) beds occupied at maximum capacity plus one (1) space for every
two (2) regular employees. This requirement is in addition to the
parking space requirements for hospitals set forth in preceding subparagraph
(6).
14.
Offices. One (1) parking space for every three
hundred (300) square feet of office space.
15.
Outdoor retail businesses. Parking or storage space
for all vehicles used directly in the conduct of such business plus
two (2) parking space for each space as may be required by the Planning
Commission because of the nature of the business and other relevant
factors.
16.
Public and private elementary schools. One (1)
parking space for each person regularly employed at such school plus
one (1) additional space for each classroom.
17.
Public garages. Indoor or outdoor parking or storage
space for all vehicles used directly in the conduct of such business
plus three (3) parking spaces for each person regularly employed on
the premises.
18.
Repair shops, plumbing shops, electrical shops, roofing shops
and other service establishments. Parking or storage space
for all vehicles used directly in the conduct of the business plus
two (2) parking spaces for each person regularly employed on the premises.
19.
Restaurants and other eating and drinking establishments. One (1) parking space for every two hundred (200) feet of total
floor area.
20.
Self-service laundries. One (1) parking space for
every two (2) washing machines.
21.
Service stations. Parking or storage space for
all vehicles used directly in the conduct of the business plus one
(1) parking space for each gas pump, three (3) spaces for each grease
rack or similar facility, and one (1) space for every two (2) persons
employed on the premises at maximum employment on a single shift.
22.
Theaters, auditoriums, churches, stadiums, civic centers
and other places of public assembly. One (1) parking space
for every six (6) seats available at maximum capacity.
23.
Motels and hotels. One and one-half (1½)
parking spaces for each sleeping room offered for tourist accommodation
plus one (1) space for each dwelling unit on the premises.
24.
Transportation terminals. One (1) parking space
for every one hundred (100) square feet of waiting room space.
25.
Universities, colleges, junior colleges, technical schools
and academies and similar institutions of higher learning. One (1) parking space for every six (6) seats occupied at maximum
capacity in the assembly hall, auditorium, stadium or gymnasium of
greatest capacity on the campus. If the institution has no assembly
hall, auditorium, stadium or gymnasium, one (1) parking space should
be provided for each person regularly employed at such institution
plus five (5) additional spaces for each classroom.
26.
Warehouses, freight terminals and trucking terminals. Parking or storage space for all vehicles used directly in the conduct
of such business plus two (2) parking spaces for each person regularly
employed on the premises.
27.
Wholesale businesses. Parking or storage space
for all vehicles used directly in the conduct of such business plus
two (2) parking spaces for each person employed on the premises based
on maximum seasonal employment.
E.
Design And Schedule Of Off-Street Loading And Unloading Space.
1.
Design.
a.
Loading berth—description. An off-street loading
berth shall be a hard-surfaced area of land, open or enclosed, other
than a street or public way, used principally for the standing, loading
or unloading of motor trucks, tractors and trailers so as to avoid
undue interference with the public use of streets and alleys.
b.
Location. No permitted or required loading berth
shall be closer than fifty (50) feet to any property in a residential
district unless completely enclosed by building walls, or a uniformly
painted solid fence, or any combination thereof not less than six
(6) feet in height. No permitted or required loading berth shall be
located within twenty-five (25) feet of the nearest point of intersection
of any two (2) streets. Loading berths open to the sky may be located
in any required yards.
c.
Measurement of berth. When determination of the
number of required off-street loading berths results in a requirement
of a fractional berth, any fraction up to and including one-half (½)
shall be disregarded, and fractions over one-half (½) shall
be interpreted as one (1) loading berth.
d.
Surfacing. All open off-street loading berths shall
be improved with a compacted macadam base, not less than seven (7)
inches thick, surfaced with not less than two (2) inches of asphaltic
concrete or some comparable all-weather dustless material.
(1)
Every building or structure used for business, trade or industry
shall provide adequate space for the loading and unloading of vehicles
off the street or public alley. Such space shall have access to a
public alley or, if there is no alley, to a street. Off-street loading
and unloading space shall be in addition to and considered as meeting
a part of the requirements for off-street parking space. Off-street
loading and unloading space shall not be used or designated, intended
or constructed to be used in a manner to obstruct or interfere with
the free use of any street, alley or adjoining property. At least
the following off-street loading and unloading space requirements
for specific uses shall be provided:
(a)
Retail businesses and service establishments. One (1) off-street loading and unloading space at least twelve (12)
feet by thirty-five (35) feet for every three thousand (3,000) square
feet of total floor area.
(b)
Industrial plants. One (1) off-street loading
and unloading space at least twelve (12) feet by fifty (50) feet for
every ten thousand (10,000) square feet of total floor area.
(c)
Warehouses and wholesale storage facilities. One (1) off-street loading and unloading space at least twelve (12)
feet by fifty (50) feet for every seventy-five hundred (7,500) square
feet of total floor area.
(d)
Freight terminals and trucking terminals. One
(1) off-street loading and unloading space at least twelve (12) feet
by fifty (50) feet for every five thousand (5,000) square feet of
total floor area.
[CC 1985 §42.640]
A.
The
owner or owners of any tract of land in any district zoned for residential
purposes comprising an area of not less than four (4) acres may submit
to the Board of Aldermen a plan for the use and development of all
of such tract of land for residential purposes. Such development plan
should be referred to the Planning Commission for study and report
and for public hearing, all to be completed by the Planning Commission
within sixty (60) days from the date the Commission receives such
plan.
B.
If
the Planning Commission approves the development plan, it may then
be approved by the Board of Aldermen after a public hearing held following
publication in a newspaper circulated in the City at least fifteen
(15) days previously of a notice giving time and place and purpose
of the hearing, and zoning certificate, building permits and certificates
of occupancy may then be issued there, even though the use of land
and the use and location of structures does not conform to all the
regulations contained in other Sections of this Chapter. Such development
plan shall not be approved except under the following conditions:
1.
Under the development plan, the property adjacent to the area included
in the plan is properly safeguarded.
2.
The plan is consistent with the intent and purpose of this Chapter
to promote public health, safety, morals and general welfare.
3.
The buildings shall be used only for residential purposes and the
usual accessory uses, such as garages, storage space, and community
activities, including churches.
4.
The average lot area per family contained in the site, exclusive
of the area occupied by streets, shall not be less than the lot area
per family of the zoning district in which the development is located.
5.
At least two hundred fifty (250) square feet of area per family unit
be set aside and maintained for playground recreation area.
6.
Assurance shall be required from the developer that the project will
be used for the specified purposes and the Board of Aldermen may require
an agreement restricting the area to such uses.
