[Amended 12-16-1999 by Ord. No. 938]
The purpose of this article is to protect, maintain
and preserve the existing retail, office and residential uses in the
district; to accommodate the shopping needs of local residents, employees
and visitors; to provide for apartments (and offices) above retail
uses; to preserve unique architectural features of existing structures
and encourage new structures to be consistent with those in the adjacent
area.
In the Retail-Office-Apartment District, land,
buildings or premises shall be used by right only for one or more
of the following uses:
A.
Retail store, including general merchandise store,
hardware store, variety store, pharmacy or similar establishment.
B.
Gift shop or similar establishment.
C.
Apparel or accessory store.
D.
Business machine, television, radio, computer or household
appliance store, including sales and service, where service facilities
must be related to the sales activity.
E.
Personal service shop, including barber, beautician,
shoe repair, tailor and laundry, where actual cleaning and pressing
are done off the premises, and related personal services.
F.
Food store, including grocery store or supermarket,
liquor store or beverage distributor, confectionery, bakery, pastry,
candy and ice cream shop, where goods are sold only at retail on the
premises.
G.
Eating and drinking place, including restaurant, delicatessen,
sandwich or pizza shop or tavern.
H.
Bank.
[Amended 12-16-1999 by Ord. No. 938]
I.
Professional or business office or studio, or financial
institutions (other than banks) are not permitted on ground and/or
first floor at front of store grade level and are permitted by right
only on higher floors.
[Amended 12-16-1999 by Ord. No. 938]
J.
Municipal building or use.
K.
Mixed use, where offices and/or residential use are
located above retail establishments or residential use above offices,
subject to § 311-22D(6).
[Amended 8-15-1996 by Ord. No. 903]
M.
No drive-in or drive-through establishments will be
permitted such that ingress and/or egress is from/to state street.
[Amended 8-15-1996 by Ord. No. 903]
N.
Church or other place of worship.
The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board. All special exceptions are subject to the provisions of Article XVII.
The following accessory uses shall be permitted:
A.
All accessory uses permitted in the R-1 Residential
District, except private swimming pools.
[Amended 8-15-1996 by Ord. No. 903]
B.
Storage within a completely enclosed structure, in
conjunction with a permitted use.
C.
An accessory use on the same lot with and customarily
incidental to any of the uses permitted above and not detrimental
to the neighborhood.
No building may be erected, altered or used,
and no lot or premises may be used for any trade, industry or business
that is noxious or offensive by reason of odor, dust, smoke, gas or
noise, or that is dangerous to public health or safety. No gas or
diesel internal combustion engine shall be used.
A.
Nonresidential uses.
(1)
Lot area. A lot area of not less than 2,500 square
feet shall be provided for every principal building hereafter erected.
(2)
Lot width. The lot for each building hereafter erected
shall have a width at the building line of not less than 20 feet.
(3)
Front yard. There shall be a front yard the depth
of which shall be not less than five feet, unless existing buildings
on abutting lot(s) have greater front yards. In such cases, the required
front yard shall be not less than the front yard of one of the existing
buildings.
(4)
Side yards. None required.
(5)
Rear yard. There shall be a rear yard which shall
be not less than 25 feet in depth. Parking shall be permitted in the
rear yard.
(6)
Corner lot setbacks.
[Added 8-15-1996 by Ord. No. 903]
(a)
In case of a corner lot where the right-of-way
dimension of both streets is identical, a front yard setback of not
less than five feet shall be required from the street line fronted
by the shortest lot dimension, and a front yard setback of not less
than five feet shall be required from the street line fronted by the
longest dimension. The yard opposite the shortest lot dimension shall
comply with rear yard setback requirements, and the yard opposite
the long lot dimension shall comply with the minimum side yard setback
requirements.
(b)
In case of a corner lot where the right-of-way
dimension of both streets is not identical, a front yard setback of
five feet shall be required from the street with the widest right-of-way
dimension, and a front yard setback of five feet shall be required
from the street with the narrowest right-of-way dimension. The yard
opposite the street with the widest right-of-way shall comply with
rear yard setback requirements, and the yard opposite the street with
the narrowest right-of-way dimension shall comply with the minimum
side yard setback requirements.
(c)
In the case of a corner lot where the lot dimensions
along the streets are identical and the right-of-way dimension of
both streets is identical, the property owner shall select one side
abutting the street to be the front yard, consistent with other uses
prevailing on the same block.
(7)
Building coverage. The aggregate area of all buildings
on a lot shall not exceed 89% of the lot area. However, in cases where
underground parking is provided, the building coverage may be increased
to not more than 90% of the lot area.
(8)
Height regulation. No building shall have a height
exceeding 40 feet with a maximum of three stories above grade.
(11)
Impervious surface requirements. Not more than
95% of any lot area shall be covered by impervious surfaces.
[Added 5-15-2008 by Ord. No. 1047]
