HomeMy WebLinkAboutPermit 73-53-CPA - TODD FRANK - INTERURBAN COMPREHENSIVE PLAN AMENDMENT73-53-cpa
interurban avenue south 147th street
frank todd
COMPREHENSIVE PLAN AMENDMENT
COMPREHENSIVE LAND USE PLAN AMENDMENT
COMPREHENSIVE LAND USE PLAN AMENDMENT
Gentlemen:
Frank Todd, Mayor
CITY or TUKWILA
.14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
11 December 1973
President, City Council
City of Tukwila
Tukwila, Washington 98067
RE: Comprehensive Plan Amendment- -Todd
The Tukwila Planning Commission, at it's regular meeting
held 29 November 1973, held a Public Hearing to consider
a request to change the Comprehensive Land -Use Plan.
The proposed change is to designate that portion of the
old Puget Power/Interurban right -of -way, located along
the northeasterly margin of Interurban Avenue.and
extending southerly from South 147th Street, as industrial.
The Public Hearing brought out the following points for
consideration.
1. The Comprehensive Land -Use Plan
adopted in 1967 under Ordinance
does not designate any land use
portion of the entire length of
Interurban Avenue right -of -way.
3. Again, for no explainable reason, the
official zoning map, prepared by Hill,
Ingman & Chase, has for some years re-
flected M -1 zoning of the old Interurban
Avenue right -of -way except that portion
which extends southerly from South 147th
2. Mr. Todd, petitioner, stated Puget Power
had declared their portion of the old
right -of -way as surplus and was available
for purchase.
, as
#484,
for any
the old
PLANNING DEPARTMENT
President, City Council
GC /
Street. That portion not designated
M -1 on the zoning map is indicated as
State Highway right -of -way.
Sincerely,
ds/LailL)
4. The abutting properties, although con-
taining only multiple - family uses, is
all zoned for light industry, M -1.
Upon consideration of the foregoing, it was the decision
of the Commission to recommend to the City Council that
the Comprehensive Land -Use Plan be amended to designate
that portion of the old Interurban Avenue right -of -way
extending southerly from South 147th Street as industrial
because the abutting properties are so designated.
Pay is 2
Richard B. Hansen
Acting Planning Coordinator
(
Minutes, 29 November 1973 Page 3
Motion by Mr. Sneva, seconded by Mr. Saul and carried
that in light of the present and near future need for
energy conservation this request is denied.
By -Law Amendments
Motion by Mr. Sneva and seconded by Mr. Saul to place this
matter at the end of this evening's agenda. Motion
carried with Mr. Lamb voting NO.
Sign Review - Sam Heller
Mr. Hansen read staff comments noting the revised plan
conforms to the Sign Code.
Motion by Mr. Saul, seconded by Mr. Lamb and carried to
approve the plan as revised.
Political Signs
Mr. Hansen read letter from John Richards, Building
Official, requesting advise as to the intent of the Sign
Code with regard to political campaign signs.
Heated discussion regarding regulating size of political
campaign signs ensued.
Motion by Mr. Lamb, seconded by Mr. Saul and carried to
table this matter to the next regular meeting.
NEW BUSINESS:
PUBLIC HEARING - Comprehensive Plan Change - Todd
Mr. Hansen read Staff comments and pointed out property
on map.
Chairman Mettler opened the Public Hearing at 9:16 p.m.
Mr. Frank Todd, 14446 - 59th Avenue South, pointed out
that he recently purchased the property from Puget Power
with the understanding it was zoned M -1. However, Planning
Department has informed him the zoning map shows the entire
Puget Power right -of -way is zoned M -1 except that portion
fronting his property and for no explainable reason.
No one was present to speak against the request.
Minutes, 29 November 1973 Page 4
Chairman Mettler closed the Public Hearing at 9:18 p.m.
Staff noted the Comprehensive Land -Use Plan map depicts
no designation of land -use for the entire old Interurban
Avenue right -of -way.
Mr. Todd stated that Puget Power has declared the entire
right -of -way surplus. Mrs. Harris noted it was a shame
the City didn't receive first refusal. Mr. Kirsop
stated he felt the entire flatlands area should be studied
to determine if a change in the Comprehensive Plan for
the area is appropriate.
Motion by Mr. Lamb and seconded by Mr. Zepp to recommend,
to the City Council, the Comprehensive Land -Use Plan be
amended to designate the legally described property
within the application as Industrial.
Motion by Mr. Kirsop and seconded by Mr. Sneva that the
original motion be amended to include the phrase 'because
the adjacent properties have been designated as industrial.'
Chairman Mettler called for vote on amendment of original
motion. CARRIED. Chairman Mettler called for vote on .
original motion as amended. CARRIED.
PUBLIC HEARING - Rezone - Todd
Mr. Hansen read staff comments.
Chairman Mettler opened the Public Hearing at 9:40 p.m.
Mr. Frank Todd, 14446 - 59th Avenue South, reiterated
reasons given during immediately previous Public Hearing.
No one was present to speak against the request.
Chairman Mettler closed the Public Hearing.
Motion by Mr. Zepp and seconded by Mr. Link that because
the surrounding properties are zoned M -1, in keeping with
the intent of the Comprehensive Land -Use Plan, the Com-
mission recommends to the City Council that the property
legally described within the application be rezoned to
M -1. Motion carried.
PUBLIC HEARING - Variance - Hall
Mr. Hansen read staff comments.
Chairman Mettler opened the Public Hearing at 9:48 p.m.
January 28, 1974
7:3 p.m.
SUBJECT
CALL TO ORDER Council President Traynor called the Public Hearing to order at
7:34 p.m.
ROLL CALL OF COUNCIL
MENBERS
DISCUSSION
ADJOURNMENT
7:45 p.m.
ATTEST"
(l TUKWILA CITY COUNCIL l er
PUBLIC HEARING
Tukwila City Hall
Council Chambers
Request to rezone that portion of the old Puget Power /Interurban
Ave. right of way, extending southerly from South 147th Street,
from no designation to M -1.
ART STEVENS, DWAYNE TRAYNOR, JON STERLING, JOANNE DAVIS,
CATHERINE HARRIS, DAN SAUL. MOVED BY TRAYNOR, SECONDED BY STERLING,
TO EXCUSE COUNCILMAN GARDNER. CARRIED.
Council President Traynor read a letter from Richard B. Hansen,
Acting Planning Coordinator, dated December 11, 1973, regarding
the Planning Commissions recommendations on this rezone. A copy of
which is on file in the City Clerk's Office. Public' Works Director,
Steve Hall stated that the area involved has already been covered
in the previous hearing. Council President Traynor then called for
comments from the audience, either for or against the rezone
request. Frank Todd, 14446 - 59th Ave. So. "before I say anything
on behalf of this rezone request, I would like the record to
indicate that I have requested Mr. Mettler who is the Chairman of
the Planning Commission, who is in the audience to state for the
record whether or not he voted either for or against or made any
remarks pertinent to the request for a comprehensive plan change
and for the zoning change. "Ron Mettler, 14800 Interurban Ave. So.
"I chaired the meeting, I did not vote, I don't vote when I'm on the
chair." Todd "Did you make any comments pro or con regarding this
subject ?" Mr. Mettler "I'm sure our minutes will show that I didn't
make any more than general comments on this, I can't recall, but
I'm sure that I didn't make any comments that would influence
anyone. You were there Mrs. Harris." Mrs. Harris "That's right
Ron." Mr. Todd "Now before you sit down, could you answer one
question for me. Do you have any financial interest, any interest,
whatsoever in this subject matter." Mr. Mettler "In that property
no, none." Mr. Todd "or in any property that I own ?" Mr. Mettler
" none, no property in fact Mr. Todd and I, for the record, prior to
the time of that Public Hearing, the most that we discussed it was
the fact that he said he had a petition for a Public Hearing, .
outside of that, I don't think we ever discussed it." Mr. Todd
stated that he is interested in the land zoning classification being
placed on this, as yet only piece of unzoned right of way from the
Renton Three Tree Point Road to the North City limits. It's all
M -1 and he requests M -1 to conform with the rest of the land. •
There was no one else to speak for or against the rezone.
CLOSE OF PUBLIC HEARING
7:38 p.m. MOVED BY STERLING, SECONDED BY STEVENS, THAT THE PUBLIC HEARING BE
CLOSED. CARRIED.
Saul questioned Mr. Mettler on whether or not there is any zoning
on that 100 foot strip on Interurban Ave. now. Mr. Mettler stated
that he feels it's zoned M -1. Council President Traynor stated
that it's indicated, on the zoning map but not on the comprehensive
map. Steve Hall stated that one possible reason that no changes are
shown on that map is because it was the exhibit to the original land
use map. Councilman Saul stated that it makes good sense to zone the
same all around but feels that it should be zoned for Public Utiliti
rather than M -1. Council President Traynor stated that they should
go back to the map attached to Ord. #251 and if it shows that area
as being zoned M -1 then that's it. Councilman Sterling stated that
he doesn't recall anything changing it: but would like to see the
original. Council President Traynor• stated that they need to talk
to the Planning personnel regarding the original map attached to
Ord. #251 and if it's not spelled out, it should be studied re:
the M -1 zoning.
MOVED: DA. , ECONDED BY STEVENS, TO ADJOURN. CARRIED.
January 28, 1974 TUKWILA CITY COUNCIL r
7 :00 pm.
PRESENTATION
DISCUSSION
P U B L I C H E A R I N G
v /to
Tukwila City Hall
Council Chambers
SUBJECT To consider changing the Comprehensive Land Use Plan. The
proposed change is to designate that portion of the old Puget
Power /Interurban right -of -way, located along the northeasterly
margin of Interurban Avenue and estending southerly from South
147th Street, as industrial.
CALL TO ORDER Council President Traynor called the Public Hearing to order at
AND ROLL CALL 7:00 pm. Roll call: TRAYNOR, STERLING, DAVIS, HARRIS, SAUL.
OF COUNCIL MEMBERS
MOVED BY STERLING, SECONDED BY TRAYNOR THAT THE TWO ABSENT COUNCILMEN
BE EXCUSED. ROLL CALL VOTE: 3 AYES: SAUL, STERLING, TRAYNOR 2 NOS:
HARRIS, DAVIS. MOTION CARRIED.
Steve Hall, Public Works Director made a brief map presentation and
referenced a letter dated December 11th from Dick Hansen, Acting
Planning Director. The area was described as the old Puget
Sound Power and Light right -of -way on the old Interurban electric
railroad right -of -way. Council President Traynor read the letter
from Dick Hansen, a copy of which is on file in the City Clerk's
Office re: the Planning Commissions recommendations of the Compre-
hensive Plan amendment and then asked if there was anyone in the
audience that would like to speak for or against the change.
Frank Todd, il1i1i16 59th Ave. So., Tukwila, Washington made the following
comments: "I think that if you refer to the proposed ordinance it has
a map in it and my understanding that the Puget Sound right -of -way north
of 147th is not zoned.On all the maps I've seen it is zoned M -1. I
think that this is the only piece that isn't zoned on any zoning map
that I've seen. If I may just come around and indicate on this map.
The jog is here, this visible jog, east and west running parallel with
147th and this is the piece of property down to about this point and
according to my petition you see this all comes over and takes in the
right -of -way - Maul Ave. and Puget Power right -of -way, as M -1 property.
I think perhaps it was stated in the write -up by who ever wrote it
from Planning that leads one to believe that none of the right -of -way
is zoned. As a matter of fact, it's my impression that that's the only
part of the right -of -way that isn't zoned.'* Councilman Saul then stated
that the map did not indicate that. Council President Traynor stated
that the piece between Maul and Interurban is not zoned and asked for
any other questions. Mr. Todd explained his reasons for wanting a
rezone. At the time he acquired the property from Puget Power he was
told it was zoned M -1 and they thought it was. To split a long narrow
piece of property such as he has left into two zonings "would make build-
ing on those two pieces of property prohibitive because the building
would have to straddle or rather the zoning as it now is and it does
need some sort of zoning on it in order to build anything and everything
east of Interurban Avenue from the north end of the City south is M -1
and that was the reason for the request. MOVED BY STERLING, SECONDED BY
HARRIS THAT THE PUBLIC HEARING BE CLOSED. CARRIED. (7:10 pm)
Councilman Sterling questioned the wording of the letter and asked if th
rest of the area involved could be substantiated as being M -1 as it isn'•
indicated on the map. Council President Traynor noted that this would
be pin pointed on the zoning map. Public Works Director, Steve Hall
stated that exhibit "A" gives a legal description of the area and does
tie into the Comprehensive Plan. Traynor stated that the Planning
Commission is talking about one portion of the right -of -way and question
ed why the whole strip wasn't done. Councilwoman Harris stated that
she is trying to find out why the whole strip wasn't taken care of back
in 1967. She noted that John Graham &: Co. was primarily responsible for
the City at that time and that it would be interesting to contact that
office and find out what the thinking was at that time. She then read a
portion from the Planning Commission minutes which referred to the pro-
posed change to the Comprehensive Plan. Councilman Sterling noted that
the Comprehensive Plan does not indicate that the strip be used for
buildings but stated that there was possibly wording in the previous
ordinance making this M -1. Mr. Hall stated that the Comprehensive Plan
is up to date and that the zoning north of 147th is M -1. He further
stated that possibly this might go back to the time it was a public
utility corridor and at this time they find no use for it and have sur-
plused it. Councilman Saul stated that if the other portions are for
sale, the City might be interested in purchasing it for its own use.
TUKWILA CITY COUNCIL
Page 2
PUBLIC HEARING - cont.
ADJOURNMENT
7:30 p.m.
C
Council Presidnet Traynor noted that Ord. #484 adopted the
comprehensive land use map and if the proposed Ord. passes, the map
would just be colored in in the area involved. Councilwoman Harris
suggested that it would be advisable to study the 50 year franchise
the City has with Puget Sound Power & Light and see if it involves
1st right of refusal or any other disposition of the property if
it occurs within the 50 year franchise period. Council President
Traynor agreed with Mrs. Harris but stated that he doesn't feel it
applies to zoning and stated that per the recommendations from the
Planning Commission, the map obviously needs correcting. Mr. Todd
noted that he has given Puget Power an easement to bury their comm-
ercial line, that isn't already burried, about 700' is burried now
and stated that all the line will be burried. Councilman Sterling
also stated that if the City would have been aware that the propert
was available, it would have made an ideal trail system. Councilman
Saul stated that perhaps the land was too expensive but felt that
any land to become available should be offered to the City first.
Councilwoman Harris asked if there is a drainage ditch on that
property? Mr. Todd noted that there is a State owned drainage ditch
Councilwoman Harris stated that "something else has occured since
the Planning Commission meet on this thing. Now the Planning Comm-
ission consistently acted without benefit of legal Council, we
flounder around and my following statement is in no way a cut down
a slam against this individual I will have to name. But I think tha
due to the lack of legal Council. Chairman Mettler, of the Planning
Commission chaired the meeting and he is also an employee of the
applicant and my question is does he have a remote interest in this
and should he have declaired his interest and requested to be excus
from deliberations of the Planning Commission at that time. This
question did not even occur to me at the Planning Commission level.
Does it cast a doubt on what we did at the Planning Commission and
does it cast any kind of a doubt. Now the burden of decision is on
us." Mr. Todd "Did he vote at that meeting ?" Councilwoman Harris
"I have no idea whether he voted or not." Mr. Todd "You were here
were you not ?" Councilwoman Harris " I was here but I don't remembe
who voted aye or nay." mr. Todd'Well I do. He didn't vote and he
doesn't vote on anything." Mrs. Harris then stated that she doesn't
know if this would apply but that she's just asking for guidance.
She also questioned whether any interest should be so declaired in
minutes of the meeting. Council President Traynor noted that the
proposed Ordinance will be on the agenda and suggested that the
Attorney be made aware of this during the regular meeting. Mr. Todd
stated if there is any question of improper procedure, then the Cit
should start over and re do the whole thing and do it proper if
there is any question of Mr. Mettler Chairing a meeting where he
doesn't vote. Mary Lehto, Renton Record Chronicle asked if the
Planning Commission minutes ever show the actual vote count, who
voted yes and who voted no. Mr. Saul stated. that Mr. Mettler never
votes, he's the chairman and never votes on anything. Mary Lehto
stated that in that case she doesn't see the validity of Mrs.
Harris's question.
MOVED BY STERLING, SECONDED BY DAVIS, TO ADJOURN. CARRIED.
r, Mayor Pro -Tem
2
Dwayne
Shirlee A. Kinney, City
erk
January 28, 1974
February 4, 1974 TUKWILA CITY COUNCIL
8:33 P.M.
FLAG SALUTE AND
CALL TO ORDER
ROLL CALL OF
COUNCIL MEMBERS
MINUTE APPROVAL
VOUCHER APPROVAL
ORDINANCES AND RESOLUTIONS
Res. #412, In
appreciation to Art
Stevens for his
services as Councilman
Res. #413, Approving
supplemental watershed
work plan #3
Proposed ordinance -
Amending Comprehensive
Land Use Plan (Todd)
Proposed ordinance -
rezone from no desig-
nation to M -1 (Todd)
CORRESPONDENCE AND CURRENT BUSINESS
College work -study
agreement, park
personnel
REGULAR MEETING
Tukwila City Hall
Council Chambers
MINUTES
Mayor Todd led the Pledge of Allegiance and called the meeting of
the Tukwila City Council to order.
GARDNER, STERLING, DAVIS, HARRIS, SAUL. MOVED BY GARDNER, SECONDE
BY STERLING, TO EXCUSE COUNCILMAN TRAYNOR. CARRIED.
MOVED BY STERLING, SECONDED BY DAVIS, THAT THE MINUTES OF THE REGU-
LAR MEETING OF JANUARY 28, 1974 BE APPROVED AS WRITTEN. CARRIED.
MOVED BY STERLING, SECONDED BY SAUL, THAT THE MINUTES OF THE PUBLIC
HEARING CONCERNING CHANGING THE COMPREHENSIVE LAND USE PLAN AND THE
PUBLIC HEARING CONCERNING A REQUEST TO REZONE BE APPROVED AS
WRITTEN. CARRIED.
MOVED BY STERLING, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED A
WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED.
Vouchers #2056
Current Fund #2056 - #2114
Park Fund #2115 - #2120
Emer. Empl. #2121
Street Fund #2122 - #2137
.City Shop #2138
Water Fund #2139 - #2149
Sewer Fund #2150 - #2160
Total
LID #19 Cash 26 $975.00
Rev. R -21 $975.00
- #2160
$ 7,698.24
148.01
44.32
2,187.42
16,319.21
5,780.87
2,346.45
$34,524.52
MOVED BY GARDNER, SECONDED BY DAVIS, TO READ PROPOSED RESOLUTION.
CARRIED. Attorney Parker read proposed resolution in appreciation
to Art Stevens for his services as Councilman. MOVED BY DAVIS,
SECONDED BY HARRIS, THAT RES. #412 BE ADOPTED AS READ. CARRIED.
Councilman Gardner reported on the supplemental watershed work plan
#3 and noted the changes in the revised plan. He stated it was the.
Public Works Committee's recommendation the Council approve-it.
MOVED BY GARDNER, SECONDED BY STERLING, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed
resolution approving supplemental watershed work plan agreement #3
between the City of Tukwila, King County Conservation District,
Green River Flood Control Zone District, the County of King, State f
of Washington, and the Soil Conservation Service, United States
Department of Agriculture by title only. MOVED BY GARDNER, SECONDE D!
BY STERLING, THAT RES. #413 BE ADOPTED AS READ. CARRIED.
Dick Hansen, Acting Planning Director, stated the property included
in the proposed ordinance had been rezoned to M -1 in 1957 according
to documents recently discovered by his department. He recommended
the Council Table this matter and allow the Planning Commission to
study it. He Stated it would appear Mayor Todd will be reimbursed
$100 in rezone fees as a result. MOVED BY SAUL, SECONDED BY DAVIS,
TO TABLE THIS MATTER FOR FUTURE CONSIDERATION OF THE PLANNING COM-
MISSION. CARRIED.
Dick Hansen reported that from the research on the prior proposed
ordinance that this property had actually been rezoned M -1 since
1957 per the map recorded at that time. This application is in
effect a redundancy. Mr. Ron Mettler commented that in the ten year
he had been on the Planning Commission, he had believed this to be
zoned M -1. Dick Hansen suggested Mayor Todd withdraw the request to
rezone. Mayor Todd stated he then would withdraw the application anc
would take a position that the City owed him the $100 in fees.
Mayor Todd read a letter from Richard Hunt, Recreation Supervisor,
regarding a college work -study agreement to hire a student from
Highline College to run after school activities and summer programs
at Tukwila Grade School and Foster Neighborhood Park. He then
1
February 4, 1974
9. AUDIENCE COMMENTS
.10. ADJOURNMENT
CITY OF TUKWILA
AGENDA
* Information in prior agenda packets.
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER AND ROLL CALL
3. MINUTE APPROVAL 1 -
4.. VOUCHER APPROVAL
5. ORDINANCE AND RESOLUTIONS
a.. Res. - In appreciation to Art Stevens for his services as
Councilman
b. Res. - Approving supplemental watershed work plan #3 (Public Works
Committee recommendation) .
* c. Ord. - Amending Compreshensive Land Use Plan (Todd)
d. Ord. - Rezone from no designation to M -1 (Todd)
6. CORRESPONDENCE AND CURRENT BUSINESS
a. Letter, Richard Hunt: College work -study agreement (Highline Community
College) for a recreation leader
b. Request Council approval: Segale 731 building project
c. Request Council approval: Agreement for engineering services, traffic
signals, Strander Blvd. and Andover Park E.
d.• Claim for Damages: Mr. Owen R. Mulkey
Mr. Richard L. Angehrn
7. OLD BUSINESS
a. Bid Awards: Letter, Steve Hall re: 1/2 Ton Van, VHF Radios and
CMF Compressor
$. NEW BUSINESS
a. Call for Bids: Small riding tractor and rotary mower
b. Call for Bids: Self propelled striping machine
c. Disc: Vehicle for Mayor's use
d. Disc: Gardner, Sammamish Commercial Developers Agreements
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TOWN CLERK It CH Z -6303
MAYOR
CHARLES 0. 73AKER - CH 3-9906
BUILDING PERMITS:
- GEORGE. LONG - CH 4-6311.
STREET` 3: WATER DEPT.
FRANK ZEPP CH P - 4650
PLANNING COMMISSION •
130E r:ELLY- CH 3-0E530
ANNEXATION CHAIRMAN
DICK.. ,O NEN- CH 3 5.315
•
HARLE5
1
PRE PARED BY
THE TUKWILA PLANNING COMMISSION
CORRECTED ITO Z3 AUGUST 1 961
•
°'
ZONE COT>S
Fuze ZI 3
•
R -1 - ?.2 ) FAMIL`( ZESI DEN CE
t _
R.-I. 9.6
R -1 1L.O
R -z - 8. 4 2
R -2-6.0 e.
R -3-6. 3811.4 ,.
R -4 • LOW APARTMENTS
R -A 2ESICENTIAL- AGRICVI.TURAL
FIRE ZONE 2 -
1Z -P AUTO PARKING
CPC • PI I3US• CENTC ConNENIE:vcE
CPN .. •1,4615UBeruc5t •
ERo
C -I
C -2.
FILE ZQNE I
M - I LJGI4T IN DUSTIzv
C I
" • • EEC. 10.1AL
„EDUCATION• RESSATLCN • Or=,c.
N✓:tGHt5O1CNOOD t.cTA1 L. •
•
LOCAL. META •
P AQiG
1.1EAvy )NDUSTRY :.
Pu auc: "FAu�►rY
MULT. ReSIDENLE. 41 DENSITY
ALL ZoN.S ' •
IN Tcj WILA c biNAAC=
Numge.Rs251 15
77 Ave. S.
The Town
to become :
has adopted
dinance to r
various aspc
hensive plar
nance is rel
cial section
It is the frt
of intensive'
four years
tions, as re
Passed by
the zoning 01
ed by the
Commission,
list from the
professional •
ant. Most of
1957 but ad
classificatior
the need ar
• -.John Strar
man of the
Sion, and Tu
date for ` . nv
13. election:
tionship betv
dinance and
plan this wn
—"The com
an idealized
plan coverin
The zoning
strument use
ideal into ,r1
Thus the •
mcnt will. nc
massive rez
its own initit
a written,' r
follow in all
opment, mat
along the ro
boil of-the r
Responsibi
consideratior
Planning Co
actual c h a
from the C
accept or rej
dations cf tl
clay - to - ci
Building Ins
Long will be
with insurir
ordinance i
Building; pc
Will- he sere
in question c
zoning ordin
^roro' crl use
rev "I 1•
ry'^',• •: �:.V„ .`rte, ":.
., w ��,,y. �. r��, •, .h: :1,�- p'1NMa...y «r...r +M'D• .g¢w, r-:S
'. •'.. ;� R - I -7.2 I FAMILY ,RE
SIDE:. CE
Y.!7�1 R - 1 - 9.6, i • rr
R I
1(.!'/1 R - 2 - 8.4 2 ,,
V.. i . R - 2. - 6.OZ
V77.1..� - 3 - 6 . 0 3OR4"
LOW APARTME∎ITS.
I +� . R-A RESIDENTIAL AGRICULTURAL
:. yr -.t
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•
: •
j ..
:5
• a+
r
4 i R -P . AUTO PARKING
1 i CPC PLAN'D. BUS. CE(JTER,GOP:'..ENILCE
hZ 21 CPN NEIGHBORHOOD
'...• W CPR ..r . .r ,REGIONAL
f Qy1 . ERO.EDUCATION,RESEARCH.a OFFICE i.;
'r772 C -I NEIGHBORHOOD OD RCT!.I_
C LOCAL . REJAIL
'i/..1 M-I LIGHT INDUSTRY
'` x11 C-M • INDUSTRIAL PARK
I 1 : P -F. PUBLIC FACI'_I TIE k
v% .� •• r !• •
44 • . •
f AB �
ED AP*ROVEQDYARINNAN F
,,� • y • THIS is D4Y OF an: - 1942 • -
i•-.,
., _ _ J...;....- .
' �• _ • - ..a„gt.ES,a *.i��e
s • •- -r..r' '1
2ONE
ZONE
ZONE
AFFI t'AVJT OF PUBLICATION
STATE OF WASHINGTON
COUNTY OF KING
• No
Ss.
:f 'tl
on oath deposes and says: That he is the
of THE HIGHLINE TIMES, a weekly newspaper which is now and at all
times herein mentioned has been published and printed in an office main-
tained at the place of publication at Burien, King County, Washington; that
by order of the Superior Court of the State of Washington in and for King
County, said newspaper is now and at all times mentioned herein has been
approved as a legal newspaper for the publication of any advertisement,
notice, summons, report, proceedings, or other official document required
by law to be published; that said newspaper was published regularly, at
Ieast once each week, in the English language, as a newspaper of general
circulation in Burson, King County, Washington, at the time of appli-
cation to the aforementioned Superior Court for approval as a legal news-
paper, and was so published for at least six months prior to the date of said
application, and is now and at all times mentioned herein has been so
published.
, being first duly sworn
That the annexed is a true copy of a •' '
; , ti✓' ; t dr
as it was published in regular issues of said newspaper once each week for
�
a period of consecutive weeks, commencing
on the I t. +, day of fiiti'�rr „ r,! , s , y r-'^?
y , 19 t ”' and ending
on the ' ' ' day of }'�' ' ;'`' , 19 , both dates
inclusive, and that said newspaper was .regularly distributed to its sub-
scribers and as a newspaper of general circulation during ail of said period.
That the full amount of the fee charged for tho foregoing publication Is
4,, .
the sum of $' which amount has been paid In full, at the rate ,, '-' • 1 ies
of $3.20'par'hundt d' wor'ds the first insertion and $2:''4B'per hundrt►d' r • ✓ 3 Pc)
'.vos'c.Ic each subsequent insertion.
r 7 (
n om, `
if :?.ath
Subscribed and sworn to before me this day
of ' , 19 ''' t •
Notary Public in and for the State of Waste•
ington, residing at L A° u.1, l
PUBLIC NOTI CE:
NOTICE OP PUBLIC HEAR1141
29 November 1973 SIN p.m.
Notice Is heretly given that )he TUK•
WILA PLANNING COMMISSION will
'hold a PUBLIC H k3ARING on the ABOVE
DATE of CITY HALL, 14475.57th Avenue.
South, T U K W I I. A. to consider It request to
AMEND 11w COMPREHENSIVE LAND.
USE PLAN to designate a portion of lenet
as INDUSTRIAL USE. Saidpartianuf land
Is generally Located oast of Interurban
Avenue South and between South 147th
Street and South 151st Street and Is Iegatl'r
described os follow,;
That certain place of rand 190 feet wide,
being 30 feet In width an each side of the
centerline of definite location of the Se.
atfte•Taconut Interurban Railway (now
Puget Sound Electric rlailwaY) OCr095that
norttpn of the William 14.'Gilliam Dona.
lion Claim lying within the Northeast 4,
of Section 23, Township 7; North, Range 4
East, W.M., in King County, Washington,
the centerline 0f sold strip at land being
more particularly ctescribetl os follows!
Beginning at a point on the north bound.
ary line of the William H. Gilliam Do.
nation Claim In Secttnn 23, Township 13
North, Range 4 Fast, W At„ 239.7 feel
from the northeast corner of said Clone.
t Claim; thence booth 27:37' Cast
1497.5 feet to a point: thence curving to
rile left with a :grim) having 9 chords 71
feet long, a distance of 159 feet, through
370' 01 curvature fo a point; thence con.
tinufrq to the telt with on Ci,nf tft'flrr.
curve through 73•'09' nl rutvatOre a alt.
lance of 297.2 feel; thence coo tnutno
curving to the left with o suiral having 9
Chards 21 feet long, n dlstanctl of la9 hoot
. through r:tu' of curvature to a. point!
thence South 30"95' East 509.5 feet to n
point on the Ielt bank of the White River,
which bears South 29'09' East from the
• northeast corner of said Will :ant H.
Gttllanl Donation Claim a distance of
23472 feet, said strip of Yard in King.
County, Washtr7Ion: EXCEPT that
00,110n Conveyed tit the Slate of Wash.
ingtnn for highway proposes recorded
under Auditor's File No 655143v; EX,
CC PT that portion conveyed to the State
of Washington for highway purposes.
All interested persons may appear and
be heard.
Catherine Harris, Secretory
Tukwila Planning Commission
Published in the Hiphline Ttrnas I4, 21
and 20 November 1973.
paring canveyl4l to the slate or Wa50. �1
ington for Highway evreeses recorded I
under Auditor's File No. 655749: EX. !'
CE PT that portion conveyed to tee Stale
o! Y7asitIngttin for highway purpose....
All interested per sans may appear and 1I
Ott heard,
Catherine Harris, secretary
Tomlin Planning, Coninussion
Published in the Ilirplh tim 'es IA. 71
and 09 Novemler 197:1. f I
under Auditov's' rim No. 65 EX.
CEPT prat portion conveyed to the State
of Washington for highway purposes.
All Interested persons may appear and
be heard,
Catherine Harris, Secretary
Tukwila Planning Commission
Published to the Hlghtine Times 14, 21
and 2$ November 1973.
•
Wayne Parker, Attorney
Puget Sound National Bank Building
Midway, Washington 98031
Dear Mr. Parker:
RBH /lt
(l ank Todd, Mayor
CITY o F TUKWI
14475 - 59TH AVENUE SOUTH
TUKWILA, WASHINGTON 98067
30 October 1973
RE: Requirements for Public Hearing
Thank you
We have received an application for the rezoning of
property not included on the City's Comprehensive Land
Use Plan as adopted by ordinance #484 on 15 May 1967.
Our question is whether or not separate public hearings
are required by the Planning Commission for the Compre-
hensive Plan Change and for the Rezone. If separate
hearings are required, must they be held at separate
meetings of the Commission or can both public hearings .
be held on the same evening?
Richard B. Hansen
Senior Planner
We respectfully request your written opinion on this
matter as soon as possible. If you have any questions
or require any further information please contact this
office.
PLANNING DEPARTMENT
Mr. Hansen: I recently discussed this with Gary Crutchfield
and advised that it would be necessary to have
a public hearing to change the Comprehensive plan'
before the planning Commission and also for the
Rezone. Separate notices must be published for each
but there is no reason they cannot be held on the
sate evening with public hearing on the Comprehensive
plan being held first and the hearing.on the ReZone
being held immediately after.
rT , pa- ar
That certain piece of land 100 feet wide, being 50 feet in width on each side of
the centerline of definite location of the Seattle- Tacoma Interurban Railway (now
Puget Sound Electric Railway) across that portion of the William H. Gilliam
Donation Claim lying within the Northeast 1/4 of Section 23, Township 23 North,
Range 4 East, W.M., in King County, Washington, the centerline of said strip of
land being more particularly described as follows:
Beginning at a point on the north boundary line of the William H. Gilliam
Donation Claim in Section 23, Township 23 North, Range 4 East, W. 11., 230.7
feet from the northeast corner of said Donation Claim; thence South 22°37'
East 1497.5 feet to a point; thence curving to the left with a spiral having
9 chords 21 feet long, a distance of 189 feet, through 7 ° 30' of curvature
to a point; thence continuing to the left with an eight degree curve through
23 °08! of curvature a distance of 289.2 feet; thence continuing curving to
the left with a spiral having 9 chords 21 feet long, a distance of 189 feet
through 7 ° 30' of curvature to a point; thence South 60 ° 45' East 509.5 feet
to a point on the left bank of the White River, which bears South 29 ° 58' East
from the northeast corner of said William H. Gilliam Donation Claim a distance
of 2443.2 feet, said strip of land in King County, Washington;
EXCEPT that portion conveyed to the State of Washington for highway purposes
recorded under Auditor's File No. 6557639;
EXCEPT that portion conveyed to the State of Washington for highway purposes.
r /)
aceipt ::o..
Ailing !.late
Hearing Date
T.,737
Al FLICANT TO ?ia..1 R ALL THE r C G.1�('' CU'` TIC1 NEATLY AND ACCU AfELY:
1 1 ..J.. J. .Jl �J... .J V � 1J 1
Propezty Petitioned for
between, 11.7
Total square footage in
LEGAL DESC.iIIPTION OF
A t �1!�.J. ._ .l �L l .it. it 1 ... +_._� ..i.J �•�..J,3_... ._.. .i?
CF TI()N3 Ii; '!:ire CITY C:' fb7 .iILA
Telephone No. CAN,/.'i4 2,i ''--
re7onirg is located on •! 4741.1 '
and 17;_.n PC,L
property :4 .i t7.DO • I
PROPERTY
Ci'v Council Action
:finance No, & Date
I.!_tknning Cormaission Action
Address
i,,.7`� '. r ' ,S
r J ,J' .
Existing Zoning 6 Zoning requested
hat are the uses you propose 1 0 develop on this pr•perty?
x ."
3, !hat pz-ovis; ors will. Abe rade for adequate sewer and :rater service?
Any other cote ienits which the petitioner feels are appropriate:
Form . 3
T =ber of permanent off - street parking spaces that will be p ice on pronerry?
tO Piunber required
•
NOTICE TO APPLICANT: The following, factors are considered in
reclassifying property or modifying regulations. Evidence or
additional information you desire to submit to substantiate
your request may be attached to this sheet. (See Application
Procedure sheet Item No. 2 for specific minimum requirements.)
1, What provisions will be made to screen adjacent and surrounding property from any
i:acol:matihlt effect- ich may arrise as a result of the proposed land use classificatic
2.. ?flat pro•;isiors will be made to provide for necessary street widening to City
_ i i rte:= standards?
+fl
AFFIDAVIT
Notary. Public in an for the State of Washington,
l � l
residing at
Subscribed and sworn before me
this /0 1 2- . . 47 day of ,f.. -1 (c. 4 19 7.3
I� 'Fr s-p 4 being duly sworn, declare that I am the
esmobseampaim!basamass owner of the property involved in this application and that
the foregoing statements and answers herein contained and the information herewith.
submitted are in all respects true and correct to the best of my knowledge and
belief. •
at ur e . of Gaiktme
/CI Address
1 # 4 460 1 /4
(City)
Cj 3 - i
(Telephone)
c
Form C
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I N D E X
ORDINANCE NO. 251
TOWN ZONING ORDINANCE
Chapter Section Zoning Description Page
1 1,1 Short Title 1
2 Use Districts Created and 1
Classfied
3 Definitions 3
it 4 -1 R -1 One Family Dwellings 10
4 -2 R -2 Two Family Dwellings 14"
4_3 R -3 Three and Four Family •16
Dwellings
4 -4 R -4 Low Apartments X19
4 -5 R -A Agricultural .23'
4 -6 R -P Automobile Parking 25
4 -7 C -P - Planned Business Centers 27
4 -8 E -R -O Educational, Research and 34
Office
4 -9 C -i Neighborhood Retail Business . 36
4 -10 C -2 Local Retail Business • . 41
4 -11 M -1 Light,Industry .44
4 -12 C -M Industrial Park 49
4 -13 Special Classes of.Uses 52
4 -14 General Accessory Use
Provisions
4 -15 Nonconforming Uses 53
4 -16 Plans of Proposed Buildings
and Completion and Restoration
of Existing Buildings -
4 -17 Height, Yard and Area.Excep-
ions .
4 -18 Group Housing Projects-
4-19 Community Unit Projects;
4 -20 Off Street Parking and.
Loading Regulations.
4 -21 Appeals - from Decisions of
The.Town Council
4 -22 Public Notice of Hearing 68.
4 -23 Purpose, Intent and Inter._ ., 68 .
pretation
4 -24 Amendments 69
4 -25 Requests for Changes in Zoning 69
4 -26 Changes Initiated by Town . 70
Planning Commission
4 -27 Enforcement of This Chapter 70
4 -28, Penalty for Violation '71
4 -29 Invalidity of a Part '.71
52
55
ORDINANCE NO. 251
TOWN ZONING ORDINANCE
AN ORDINANCE of the Town of Tukwila establishing land use
classifications; adopting a map showing classified use districts;
adopting standards and regulations regulating the use of land
therein and the location, use and design of buildings and struc-
tures; and repealing all portions of ordinances inconsistent
herewith.
WHEREAS, the Town of Tukwila Planning Commission was creat_
ed by Ordinance pursuant to authority conferred by Chapter 44 of
the Washington State Session Laws of 1935; and
WHEREAS, the Tukwila Planning Commission, after survey,
investigation and study, has prepared a coordinated plan for the
physical development of the community and, after public hearing
thereon, has recommended the adoption of such comprehensive plan;
and
WHEREAS, the Town Council having studied such plan and re-
commendation, and having determined that such plan will provide
for the generally advantageous development of the tewp, and is
designed, among other things, to encourage the most appropriate
use of the land throughout the municipality; to lessen traffic
congestion; to secure safety from fire; to provide adequate
light and air; to prevent overcrowding of land; to avoid undue
concentration of population; to promote a coordinated develop-
ment of unbuilt areas; to encourage the formation of neighbor
hood and community units; to secure appropriate allotment of land
area in new development for all the requirements of community
life; conserve and restore natural beauty and other natural
resources; to facilitate the adequate provision of transportation,
water, sewage and other public uses and requirements, does con-
cur with the recommendations of the Tukwila Planning Commission,
and in order to implement said plan into effect in the Town of
Tukwila, NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE
TOWN OF TUKWILA:
SECTION 1,1 SHORT TITLE. This ordinance shall be known
and may be cited as 'The Tukwila Comprehensive Zoning Ordinance,'
CHAPTER 2; USE DISTRICTS CREATED AND CLASSIFIED
SECTION 2.1 ESTABLISHMENT OF USE DISTRICTS, In order to
classify, segregate and regulate the uses of land, buildings,
and structures, the Town of Tukwila hereby is divided into the
following Use Districts:
R -l- 712 One
R -1- 9.6 One
R -1 -12,0 One
R -2- 8.4 Two
R -2- 6.0 Two
R -3- 6,0
family residence
family residence
family residence
family residence
family residence
Or-
Three or four family
dwelling:
7,200 Sq.Ft, Min.Size Lot
9,600 Sq,Ft. Min.Size Lot
12,000 Sq.Ft. Min.Size Lot
8,400 Sq.Ft. Lot Size
6,000 Sq,Ft, If one family
4,000 Sq,Ft. Per family
'Lot Requirements:
6.000 SqFt : One or two
family.
8,000 Sq.Ft. Three family.
9,600 Sq.Ft. Four family:
SECTION 2.1
R -4
R -A
R -P
CPC
CPN
CPR
ERO
C -1
C--2
M -1
C -M
P -F
CHAPTER 2. USE DISTRICTS CREATED AND CLASSIFIED
(Contzd)
Low apartments
Residential agricultural
Automobile Parking
Planned Business Center, Convenience
Planned Business Center, Neighborhood
Planned Business Center, Regional
Educational, Research, and Office
Neighborhood Retail
Local Retail
Light Industry
Industrial Park
Public Facilities
SECTION 2.2 UNCLASSIFIED AREAS. All lands not classified accord-
ing to the aforementioned classifications on the official sectional
area district maps, and all lands, if any, of the town not shown on
officially adopted sectional area district maps, shall be considered
unclassified and, pending future classification, shall be subject to
the restrictions and regulations of single family residence districts.
SECTION 2.3 SECTIONAL AREA DISTRICT MAPS. The boundaries of
said Use Districts shall be determined and defined or redefined from
time to time, by the adoption of sectional area district maps cover-
ing, the town showing the geographical area and location of said .
sectional districts. Each said sectional area district map shall be,
upon its final adoption, a part of this comprehensive zoning ordin-
ance, and said map, and all notations, references and other informa-
tion shown thereon, thereafter shall be as much a part of this or-
dinance as though all matters and information set forth on said map
were fully described herein.
SECTION 2.4 RULES OF CONSTRUCTION. When uncertainty exists as
to the boundaries of any Use District shown on said sectional area
district maps, the following rules of construction shall apply:
Paragraph 2.4.10 Where district boundaries are indicated as
approximately following the center line of streets, alleys or high-
ways, the actual center line shall be construed to be the boundary.
Paragraph 2.4.20 Where district boundaries are indicated as
running approximately parallel to the center line of a street, the
boundary line shall be construed to be parallel to the center line
of the street.
Paragraph 2.4.30 Where district boundaries are indicated on
such map as approximately following the lot or tract lines, the
actual lot or tract lines shall be construed to be the boundary of
such Use District.
Paragraph 2.4.40 Where a district boundary on such sectional
maps divides a tract in unsubdivided 'property, the location of
such Use District boundary, unless the same is indicated by dimen-
sions thereon, shall be determined by use of the scale appearing
on such sectional area district map.
Paragraph 2.4.50 Unmapped shorelands shall be considered to be
within the same land use district as the adjacent upland as shown on
the sectional area maps.
CHAPTER 2. USE DISTRICTS CREATED AND CLASSIFIED
Paragraph 2 :4.60 Where a public street or alley is officially
vacated or "abandoned, the regulations applicable to the abutting
property to which the vacated portion shall revert shall apply to
such vacated or abandoned street or alley.
Paragraph 2.4 In case uncertainty exists which cannot be
determined by application of the foregoing rules, the Planning
Commission shall recommend, and the Town Council shall determine,
the location of such use district boundaries;
SECTION 2.5 The boundaries of such use districts as are shown
upon any sectional area district map adopted by this ordinance, or
amendments thereto, are hereby adopted and approved and the regu-
lations of this ordinance governing the uses of land, buildings and
structures, the height of buildings and structures, the sizes of
yards about buildings and structures, and other matters as herein
set forth are hereby established and declared to be in effect upon
all land included within the boundaries of each and every use dis-
trict shown upon each said sectional area district map.
SECTION 2.6 Except as herein provided: (a) No building or
structure shall be erected and no existing building or structure
shall be moved, altered, added to or enlarged, nor shall any land,
building,structure or premises be used, designed or intended to
be used for any purpose or in any manner other than a use listed
in this ordinance or amendments thereto as permitted in the use
district in which such land, building, structure or premises is
located. (b) No building or structure shall be erected, nor shall
any existing building or structure be moved, reconstructed or
structurally altered, to exceed in height the limit established
by this ordinance or amendments thereto for use district in which
such building•or structure is located. (c) No building or struct-
ure shall be erected, nor shall any building or structure be moved,
altered, enlarged or rebuilt, nor shall any open spaces surround-
ing any building or structure be encroached upon or reduced in any
manner, except in conformity with the building site requirements
and the area and yard regulations established by this ordinance or
amendments thereto for the use district in which such building or
structure is located, (d) No yard or other open spaces provided
about any building or structure for the purpose of complying with
the regulations of this ordinance or amendments thereto, shall be
considered as providing a yard or open space for any other build-
ing or structure.
CHAPTER 3. DEFINITIONS
Except where specifically defined herein, all words used in
this ordinance shall carry their customary meanings. Words used
in the present tense include the future, and the plural includes
the singular; the word "Shall" is always mandatory, the word "May"
denotes a use of discretion in making a decision; the words
"Used" or "occupied" shall be considered as though followed •
the words "Or intended, arranged or designed to be used or
occupied ".
CHAPTER 3. DEFINITIONS
ACCESSORY BUILDING. A subordinate building, the use of which
is incidental to the use of the main building on the same'lot.
ACCESSORY USE. A use incidental and subordinate to the prin-
cipal use and located on the same lot or in the same building as
the principal use.
ALLEY, A public thoroughfare which affords only a secondary
means of access to abutting property and not intended for general
traffic circulation.
ALTERATIONS. A change or rearrangement of the structural parts
or exit facilities, or an enlargement by extending the sides or in-
creasing the height or depth, or the moving from one location to
another. In buildings for business, commercial, industrial or simi-
lar uses the installation or rearrangement of partitions affecting
more than 1/3 of a single floor area shall be considered an altera-
tion.
APARTMENT HOUSE. A building or portion of a building arranged
or designed to be occupied by five or more families living independ-
ently of each other.
AREA, BUILDING. The total ground coverage of a building or
structure which provides shelter measured.from the outside of its
external walls or supporting members or from a point 4' in from the
outside edge of a cantilevered roof.
AREA, SITE. The total horizontal area within the property
lines excluding external streets.
AUTO COURT. This term includes tourist court, motor lodge,
motel, cabin court, motor inn and similar names. An auto court is
a building or buildings, detached or in connected units or designed
as a single structure, the units of which are used as individual
sleeping or dwelling units having their own private toilet facili-
ties, and may or may not have their own kitchen facilities, and are
designed primarily for the accomodation of transient automobile
travelers. Accomodation for trailers are not included.
AUTO CAMP. See Trailer Camp.
BASEMENT. That portion of a story partly underground and hav-
ing at least 1/2 of its height or more than 5' below the adjoining
finish grade. .
BILLBOARD, See Sign.
BOARDING HOUSE. A dwelling in which not more than four roomers
and/or boarders are housed or fed.
BOAT HOUSE. See Garage, Private- Public.
BUILDING. A building is a structure as herein defined. When
separated by division walls without openings each portion so sep-
arated shall be considered a separate building.
CHAPTER 3. DEFINITIONS
BUILDING HEIGHT. The vertical distance measured from the.
average elevation of the proposed finish grade around the building
to the highest point of a flat roof and to the mean height between
eaves and ridge of a pitched roof.
BUILDING LINE. The line of that face or corner or part of a
building nearest the property line.
BUILDING SITE. See Area Site.
CELLAR. See Basement.,
CLINIC. A building designed and used for the medical,dental auk
surgical diagnosis and treatment of patients under the care of
doctors and nurses.
CLUB. An incorporated or unincorporated associatinn of per-
sons organized for a social, educational, literary or charitable
purpose. Property occupied by a club shall be deemed to be semi-
private in character and shall be subject to the regulations
governing public buildings and places.
COOPERATIVE OR GROUP HOUSE. A building occupied and maintain-
ed as a housekeeping ur.'•.t by eight or more unrelated persons.
COURT. An unoccupied open space bounded on three or more
sides by buildings or lot lines on which walls are permitted.
COVERAGE. The percentage of the area of a lot which is built
upon or used for business or commercial purposes..
COVERED MOORAGE BUILDING AREA, Shall be deemed to be the
area of water lying directly beneath that portion of a structure
covered by a roof.
DETACHED BUILDING: A building surrounded on all sides by
open space.
DOCK. An artificial basin for moorage of boats, including
a basin formed by dredging into the bank of a lake or stream or
formed between the extension of two piers or the area between a
bank or quay and a pier. Docking facilities may include wharves,
moorage or docks or any place or structure connected with the
shore or upon shorelands provided for the securing of a boat or
vessel,
DWELLING, ONE- FAMILY. A detached building containing but one
kitchen, designed for and occupied exclusively by one family and
the household employees of that family.
DWELLING, TWO-FAMILY: A building containing two kitchens
and designed to be occupied by two families living independently
of each other.
DWELLING, MULTI - FAMILY. A building designed to house three.
or more families living independently of each other,
DWELLING UNIT. A building or portion thereof providing
complete housekeeping facilities for one family.
5 -
CHAPTER 3. DEFINITIONS
ELECTRICAL DISTRIBUTION SUBSTATION. An assembly of equipment
designed to receive energy from a high voltage distribution supply
system, to convert it to a form suitable for local distribution and
to distribute the energy to feeders through switching equipment
designed to protect the service from the effects of faults.
ESSElNTIAL USE. That use for the pr- eser or promotion of
which the use district was created, and to which all other per-
mitted uses are subordinate.
FAMILY. One person or two or more related persons living
together. Not more than eight unrelated persons living together
as a single, non - profit housekeeping unit..
FLOOR AREA. The sum of the gross horizontal areas of the
floors of a building or buildings, measured from the exterior faces
of exterior walls and from the center line of division walls. Floor
area shall include: Basement space, elevator shafts and stair -
wells at each floor, mechanical equipment rooms or attic spaces
with headroom of 7'6" or more, penthouse floors, interior bal-
conies and mezzanines, enclosed porches. Floor area shall not
include: Accessory water tanks and cooling towers, mechanical
equipment or attic spaces with headroom of less than 7'6 ", exter-
ior steps or stairs, terraces, breezeways and open spaces.
FRATERNITY, SORORITY, OR STUDENT COOPERATIVE. A building
occupied by and maintained exclusively for students affiliated
with an academic or professional college or university, or other
recognized institution of higher learning, and regulated by such
institution.
GARAGE, PRIVATE. A sheltered or enclosed space designed and
used for the storage of the motor vehicles or boats of the
residents of the premises.
GARAGE, PUBLIC. A building or portion thereof designed and
used for the storage, repair or servicing of motor vehicles or
boats as a business.
GAS STATION. Any area of land, including the structures
thereon, that is used for the sale of gasoline or other motor
fuels, oils, lubricants and auto accessories and which may or may
not include washing, lubricating, and other minor servicing but
no painting operation .
HOGS, COMMERCIAL. More than one sow, one boar and their one
year old litter.
HOME OCCUPATION, An occupation or profession which is
customarily incident to or carried on in a dwelling place and not
one in which the use of the premises as a dwelling place is large-
ly incidental to the occupation carried on, and which occupation
is carried on by a member of the family residing within the
dwelling place.
HOSPITAL. A building designed and used for the medical and
surgical diagnosis, treatment and housing of persons under the
care of doctors and nurses. Rest homes, nursing homes, conval-
escent homes and clinics are not included.
-6-
CHAPTER 34 DEFINITIONS .
HOTEL. A building or portion thereof designed or used for the
transient rental of five or more units for sleeping purposes. A
central kitchen and dining room and accessory shops and services
catering to the general public can be provided. Not included are
institutions housing persons under legal restraint or requiring
medical attention or care.
JUNK YARD. A lot, land or structure, or part thereof, used for
the collection, storage and sale of waste paper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage,
salvaging or sale of parts of machinery or vehicles not in running
condition.
KENNEL. More than three dogs and one litter of unweaned pups
constitutes a kennel.
LOT. A lot in the meaning of this ordinance is a single tract
of land, no matter how legally described, whether by metes and
bounds and /or by lot or lots and block designation as in a recorded
plat, that at the time of applying for a building permit is design-
ated by its owner or developer as the tract to be used, developed
or built upon as a unit of land under single ownership or control
and assigned to the particular use for which the building, permit is
being secured.
LOT, CORNER. A lot at the junction of and fronting on two or
more intersecting streets.
LOT, DEPTH. The mean dimension of the lot from the front
street line to the rear line.
LOT, INTERIOR. A lot fronting on one street.
LOT, THROUGH. A lot fronting on two streets that do not inter-
sect on the parcel's lot lines.
LOT, WIDTH. The dimension of the lot line at the street, or in
an irregular shaped lot the dimension across the lot at the building*
line, or in a corner lot the narrow dimension of the lot at a street
or building line.
MEAN DEPTH. The mean depth of a lot is the depth of such lot
measured on a line approximately perpendicular to the fronting
street and midway between the side lines of such lot.
MOORAGE. A place to tie up or anchor a boat or vessel.
NON - CONFORMING BUILDING. A building or structure which does not
conform in its construction, area, yard requirements or height to
the regulations of the district in which it is located.
NON - CONFORMING BUILDING USE. The use of a building or struct-
ure which does not conform to the regulations of the district in
which the use exists.
NON - CONFORMING LAND USE. The use of land which does not con-
form to the regulations of the district in which the use exists.
7
CHAPTER 3. DEFINITIONS
NORMAL HIGH WATER LINE. That point to which the water extends
at the highest stage of the lake level during the year without
regard to the shoreline as created by bulkheads or other artifi-
cial structures.
PARKING SPACE. An off - street space, normally 8r x 20'
used to temporarily parka motor vehicle and having access to `.
a public street or alley,
PERMITTED USE. Any use authorised or permitted alone or in
conjunction with another use in a specified district and subject
to the limitations of the regulations of such use district.
PRIMARY USE (OR PRINCIPAL USE) . The use for which a lot,
structure or building, or the major portion thereof, is designed
or actually employed.
RIDING ACADEMY. Any establishment where horses are kept for
riding, driving or stabling for compensation or as an accessory
use in the operation of a club, association, ranch or similar
establishment,
SECONDARY USE. (INCIDENTAL OR ACCESSORY): A minor or second
use for which a lot, structure or building is designed or employ-
ed in conjunction with but subordinate to its primary use,
SEMI - PRIVATE FACILITY. Any facility to which a class or a
group of the public is permitted to attend or use subject to the
regulations of a club or other organization owning or regulating
such facility,
SETBACK. Yard requirements: The distances that buildings
or uses must be removed from their lot lines,
SHELTER STATION. A shelter for the protection from the
elements of the waiting customers of a public transportation
system:
SIGN. Any device for . visual communication that is used
for the purpose of bringing the subject thereof to the attention
of the public, but not including any flag, badge or insignia of
any government or government agency, or of any civic, charitable,
religious, patriotic, fraternal or similar. organization:
SOLID PLANTING. A panting of evergreen trees and shrubs
which will prevent a through and unobscured penetration of sight
or light;
SORORITY. See Fraternity,
STORY. That pert of a building lying between_ two floors or
between the floor and ceiling of the highest usable level in
the building.
STREET. A public thoroughfare which affords the principal
means of access to abutting. properties.
8
} } � ! �� -
•
•.CHAPTER 3. DEFINITIONS
STRUCTURE;. A combination of materials constructed
erected permanently on the ground or attached to something jj
a permanent location'on the ground. Not included are residentia_
fences, retaining walls less than 3' in height, rockeries •'andl� ";,
similar improvements of a minor character. • .:
•
STRUCTURAL ALTERATIONS. Any change in load or - stresb
loaded or stressed members of a building or structure.
TRACT: A lot, usually several acres in area,
TRAILER. A vehicle-used for living or sleeping purposes
TRAILER CAMP OR COURT: An area of land occupied or desigrie
for the occupancy of :two or more trailers;
YARD', •An unoccupied space open to the sky, on thesame
with a building'or structure.
YARD,: FRONT. An open • unoccupied space extending from the ,
principal street line to the nearest point of a roofed building`•:.
on the lot. and including the full width of the lot to its,
lines,
'
District R -1 is further subdivided into districts differing only in,
the requirements of lot area per family as follows:
Minimum lot size per dwelling unit
R -1- 7.2 7,200 Square Feet
R -1- 9.6 9, Square Feet
R -1 -12.0 12,000 Square Feet
USE REGULATIONS:
In District R -1, no building or land shall be used and no build-
ing shall be erected, altered, or enlarged, which is arranged, in-
tended or designed for other than one of the following uses, except,
as otherwise provided in section 4 -13 and 4 -14.
A. WITHOUT SPECIAL RESTRICTIONS:
1. One- family dwellings.
2. Publicly owned parks and recreational areas.
3. Golf club houses, including courses, but not including min -
iature golf courses and driving ranges,
4. Agriculture.
5. Greenhouses, nurseries and truck gardening, propogating and
cultivating only, of plants, upon approval of the Planning
Commission, after a public hearing, providing no retail or
wholesale business shall be carried on upon the premises so
used, and provided further, that no obnoxious fertilizer is
stored upon the premises and no obnoxious soil or fertili-
zer renovation is carried on upon the premises.
B. SUBJECT TO SPECIFIC CONDITIONS LISTED BELOW:
1. .Church plants (not permitted in converted residential build-
ings or structures in this district.) and community center.
buildings.
2." Public schools, elementary, secondary and high, and private
with curricula equivalent to public elementary, sec-
ondary, or high schools, and institutions of higher learn-
ing (accredited colleges and universities).
3. Public libraries, police and fire stations.
4. Public museums or art galleries.
5. Water supply reservoirs, wells and filter beds.
The foregoing uses in subdivision B must be located in accord-
ance with at least one of the following situations, provided that
under the following sub - paragraphs a., b. and c. there shall be
side yards of at least three (3) times the amount required for such .
property under the Height, Yard and Area Regulations of this dis-
trict:
a. On a corner lot immediately adjacent to or across the
street from a public park, public playground or a park
way; which has a right of way width of at least one hun
dred twenty (120) feet; or
On a parcel or tract of land entirely surrounded by
streets or streets and alleys; or
b.
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 1
DISTRICT R -1 - ONE FAMILY DWELLINGS
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 1
DISTRICT R -1 - ONE FAMILY DWELLINGS
c. On a lot immediately adjoining or immediately opposite
on the other side of a street from R -3 to M -1 districts,
inclusive; or
d. On a lot approved by the Planning Commission as being -
a location where such building will not materially in-
jure neighboring property for residential use.
C. ACCESSORY USES customarily incident to the above uses and loc-
ated on the same lot therewith, not involving the conduct of a
business or industry.
1: A private garage or servants' quarters, if located not less...
than sixty (60) feet from the front lot line, except in
the case of a terrace garage, and not less than four (4) • '
feet from any rear and two (2) feet from any side line and,..;
in case of corner lots, not less than fifteen (15) feet
from a side street line. No garage shall. be erected near-
er than twenty (20) feet to a building on an adjoining lot
occupied and used exclusively as a private residence, unless.,;
permitted by written permission of the Planning Commission,
or unless attached to the main building. If serving two.
lots, the garage may be built across the side or rear line
and where an alley abuts a side or rear lot line,
accessory building may be built on the alley line.
Furthermore, the servants' quarters shall be occupied only
by servants employed on the .premises. When built as an.
integral part of the main building, a private garage or
servants' quarters shall be subject to the regulations
affecting the main building;
A private garage or parking space, providing storage fore
not more than one (1)passenger motor vehicle for each two
thousand (2,000) square feet of the lot area.
2. Community garages may be permitted by the Planning Commis
sion, Such community'garage may provide facilities for
washing cars. Access thereto,if from the street, shall be::
by not more than one driveway. Such garages shall be-so-
located as to be distant at least six (6) feet from any
interior lot line and shall be setback from any front or
side street line, or in the case of a through lot, from
any rear street line, a distance at least ten (10) feet
greater than would be required 'for a residence building
the same location, and shall not be over one story or
sixteen (16) feet high. No commercial vehicle shall be
housed in any such community garage.
A private stable, if located not less than sixty (60) feet
from a front street line nor less than thirty (30) feet
from a side or rear lot line. It shall provide capacity.
for not more than one (1) horse, mule or pony for each .
five thousand (5,000) square feet of lot area, but no more
than a total of two (2) of the above - mentioned animals
shall be allowed.
CHAPTER 4 - LAND USE DISTRICT
SECTION 4 - 1
DISTRICT R -1 - ONE FAMILY DWELLINGS
4. Temporary buildings such as real estate offices, contractors'
sheds and buildings of like character will be permitted dur -e
ing construction of buildings or sale of property, but not
to exceed two (2) years, upon approval of the Planning Com-
mission.
5. No billboard, signboard, advertising sign or window display,
except as,,provided below, shall be permitted as an acces-
sory use in the district. The placing of an unilluminated
"For Sale," "For Rent" or. "For Lease" sign, not more than
eight (8) square feet in area, will be permitted as an ac-
cessory use, and churches and other institutions, as design-
ated in Paragraph B of this section, may display unillumin-
ated bulletin boards, not more than twenty -five (25) square
feet in size, showing names, activities and services there-
in provided. The bulletin boards may be lighted only if
indirect lighting or a shaded light is used (no neon signs).
During construction of a building, one unilluminated sign
advertising contractors or architects of such building shall
be permitted, provided such sign shall not be more than six-
teen (16) square feet in area, and shall be removed upon
completion of a building.
No store, trade, business, industry or practice of a pro-
fession shall be permitted as an accessory use in this dis-
trict, except as follows:
a. The office of a surgeon, physician, (including osteo-
paths and chiropractors) or dentist, located in the '
dwelling or apartment used as the private residence of'
such surgeon, physician or dentist and attended
by members of the.immediate family, provided no window
or other display' or sign is used to advertise Such oc-
cupation,ex ept one unilluminated name plate not to-ex-
teed eighty (80) square inches, carrying the name and
occupation,. may be'allowed.. No clinic shall be allowed.•
. A carpenter, painter, plasterer, plumber, real estate:
broker, insurance broker; or other similar occupation,•:
operating as an individual from a residence, providing
there are no signs, storage of materials, outdoor park
ing of trucks, or other evidences of this occupation..
c. Home occupations, as defined in Chapter 2, located in
the dwelling and carried on only by members of the immed_:
iate family of the person occupying such dwelling,.as
his or her private residence, provided no window or
other display or sign is used to advertise such occupa-
tion.
d. The furnishing of lodging and /or board for not more
than four (4) persons in a dwelling occupied as a pri-
vate residence, provided no window or other display .
or sign is used to advertise such use.
3 SIDE YARDS:
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 1
DISTRICT R-1 *-ONE FAMILY DWELLINGS
e. Private dining halls, dormitories, printing presses,
studentsr.laboratories or work shops, playgrounds,
athletic fields, stadiums, or other customary facil-
ities in connection with a use in subdivision B of
District R-1 uses, if on the same lot or parcel of
ground in single ownership or on any campus.
f. News or refreshment stands.
g. Recreation and service buildings in a public park or
playground. ,
HEIGHT; YARD AND AREA REGULATIONS:
In District R-1, the height of buildings, the minimum dimensions
of yards, and the minimum lot area per family permitted on any lot
shall be as follows (for exceptions see Section 4-17):
• •
X. HEIGHT:
Buildings or structures shall not exceed two and one-half
(2-1/2) stories and shall not exceed thirty-five (35) feet
in height.
2.' FRONT YARDS:
The front yards in this district shall have a minimum depth
of twenty-five (25) per cent of the depth of the lot, but
the depth, of suchfront yard need not be more than thirty,
(30) feet:. •••: .
There shall:be a:bide:yard on each side of every
building, except on accessory building, with a minimum
width of not less than ten (10) per cent of the width
of the lot. Such side yard shall not be less than
four (4) feet and need not be more'than eight (8) feet.
_ •
On a corner lot,the side yard regulation shall be the
same as for interior lots, except in the case of re-
versed frontage where interior lots have been platted
or sold fronting on the side street. In this
there shall be a.side yard on the street side of the
corner lot not less than one-half (1/2) of the front
yard required in Paragraph 2,
4 REAR YARDS:
a. The rear yards in this- district shall have a minimuly
depth of twenty-five (25) per cent of the depth
the lot, but the depth of such rear yard need not
more than thirty (30) feet.
b, The area occupied by a detached accessory building
a rear yard 'shall be limited to forty (40) per cent
of the area of the rear yard.
: • •
•
LOT WIDTH:
The minimum mean width of a lot shall be fifty (50) feet,
except that in case of a lot having a mean width of less
than fifty'(50) feet and in separate ownership on or
before January 1,1958., this regulation will not prohibit
the erection of a one - family °dwelling The. Planning ;
Commission may modify . this requirement in case of a hard -
PARKING REGULATIONS:
As provided for in Section 4 -20
USE REGULATIONS:
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 2
DISTRICT R-2 - TWO FAMILY DWELLINGS
R-2-6;0 Minimum size of lot for
single family unit
Minimum lot size for each
two family unit
HEIGHT, YARD AND AREA REGULATIONS:
■, 14 ■
District R-2 is further subdivided into Districts differing
only in the requirements of lot area per family as follows:
R-2-8.4 Minimum lot size per family - 8,400 square feet;
- 6,000 square feet;
- 4,000 square feet;
In Districts, no building or land shall be used and no
building shall be erected, altered or enlarged, which is arrang-
ed, intended or designed for other than one of the following
uses, except as otherwise provided in Section 4-14,
1, Any use included in District R-1: The restriction
against church plants in converted residential buildings
or structures does not apply.
The restrictions for District R-1 governing the location
of uses under subdivision B in that District apply also
to their location in District R-2;
2; Two-family dwellings.
3. Accessory uses customarily incident to the above uses '•
and not involving the conduct of a business or industry
under the same provision as for District R-1 except...
that the furnishing of lodging and/or board for not more,'
than four(k) persons in a dwelling unit occupied as H•?
private residence will be permitted, provided no window'.
or other display or sign is used to advertise such use..
•
a. A private garage or parking space permitted as an
accessory use shall provide storage for not more than
one (1) motor vehicle for each fifteen hundred (1,500)
• square feet of the lot area and shall be located as
in District E-1. • • '
b; All other •imitations governing'accessory uses in • :
District R-1 ,shall apply to Districts of R-2 and.its
subdivisions; • •
In Districts R-2-8,4 and R-24'20 the height of buildings
the minimum dimensions of yards, and the minimum lot area per .
family permitted on any lot shall be as follows (for exceptions
see Section 4-17):
1; HEIGHT:
- Buildings or structures shall not exceed two and one-
half (2-1/2).stories and shall not exceed thirty-five
(35) feet in height.
2; FRONT YARDS: •
The front yards in this district shall have a minimum
depth of twenty-five (25) per cent of the depth of the
lot but the depth of such front yard need not be more
than twenty-five (25) feet,
3. SIDE YARDS:
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 2
DISTRICT R -1 - Tt'O FAMILY DwELLINGS
a. There shall be a side yard on each sicia of every build-
ing, except an accessory building, with a minimum width .
of not less than ten (10) per cent of the width of the
lot. Such aide yard shall not be less than four (4)
feet and need not be more than eight (8) feet.
b. On a corner lot, the side yard regulation shall be the
same as for interior lots, except in the case of rever-
sed 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. (1 /2) of the front yard re-
quired in Paragraph 2.
4. REAR YARDS:
a. The rear yards in this district shall have a minimum
depth of twenty -five (25) per cent of the depth of the:
lot but the depth of such rear yard need not be more
than thirty (30) feet.
b. The area occupied by a detached accessory building in
a rear yard shall be limited to forty (40) per cent of...:
the.area of the rear yard:'
LOT :JIDTH :
The minimum mean width of a lot shall be fifty (50) feet,':
except that in case of a.lot having a mean width of less
than.fifty (50) and'in separate ownership on or be -.
fore January 1, 1953, this regulation will not prohibit
the erection of a one- family dwelling.
Duplexes hereafter erected require.a minimum mean lot
width of fifty (50). feet.
PARKING AND LOADING IRi:GULATIONS:
A3 provided for in Section 4 -2a
USE REGULATIONS:
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 3
DISTRICT R -3 - THREE AND FOUR FAMILY DOELLINGS
In District. R -3 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, ex-
cept as otherwise provided in Sections 4 -13 and 4 -14
1. Any use included in District R -2.
The conditions for District R -1 governing the location of
use under subdivision B in that district apply also to their
location in District R -3.
2. Three and four - family dwellings and converted dwelling.
3. Convalescent homes, nursing or old folks' homes for not
over twelve (12) patients, but not including mental pat-
ients, alcoholics or persons having contagious diseases.
For the purpose of computing the number of patients allowed,.
a minimum of five hundred (500) square feet of lot area
shall be provided for each patient.
4. Boarding houses having not over twelve (12) boarders.
5. Lodging houses having a maximum of twelve (12) persons.
For the purpose of computin • the number of lodgers allowed, .
a minimum of five hundred (500) square feet of lot area
shall be provided for each lodger.
6. Accessory uses customarily incident to the above uses,
located on the same lot therewith and not involving the
conduct of a business or industry as follows:
a.. A private garage or parking space permitted as an ac-
cessory use shall provide storage for not more than
one (1) motor vehicle for each one thousand (1000)
square feet of the lot area and shall be located as
in District R -1.
b. Uindow or other displays or signs shall comply with
the regulations for such accessory uses in District
R - except that in this district an unilluminated
sign, advertising lodging and /or board, shall be al-
lowed, which sign shall not . exceed eighr(80) square
inches in size.
e. Home occupations as defined in Section '4.-2 shall be
allowed in this district but in this district an un-
illuminated sign, attached to or within the building,
not to exceed eighty (80) square inches, carrying the
name and occupation, may be allowed.
d. All other limitations governing accessory uses in
District R -1 shall apply to District R -3.
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 3
DISTRICT R -3 - THREE AND FOUR FAMILY DWELLINGS
HEIGHT, YARD AND AREA REGULATIONS:
In District R -3 the height of buildings, the minimum dimensions
of yards, and the minimum lot area per family permitted on any
lot shall be as follows (for exceptions see Section 4 -17):
1. HEIGHT:
Buildings or structures shall not exceed two and one -half
(2 -1/2) stories and shall not exceed thirty -five (35) feet-
in height.
2. FRONT YARDS:
The front yards in this district shall have a minimum depth
of twenty -five (25) per cent of the depth of the lot but the
depth of such front yard need not be more than twenty -five
(25) feet;
3: SIDE YARDS:
a. There shall be a side yard on each side of every build-
ing, except on accessory building, with.a minimum width..
of not less than ten (10) per cent of the width of the
lot. Such side yard shall not be less than four (4)
feet and need not be more than eight feet.
b. On a corner lot, the side yard regulation shall be the
same as for interior iots, 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 (1/2) of the front yard
required in Paragraph 2,
REAR YARDS:
a. The rear yards in this district shall have a minimum
depth of twenty -five (25) per cent of the depth of the to
but the depth of such rear yard need not be more than
twenty -five (25) feet.
b. The area occupied by a detached accessory building In
a rear yard shall be limited to forty (40) per cent of
the area of the rear yard:
5.
LOT WIDTH:
LOT AREA:
PARKING REGULATIONS:
CHAPTER 4 - LAND USE DISTRICTS.
SECTION 4 - 3
DISTRICT R -3 - THREE AND FOUR FAMILY DWELLINGS
The minimum mean width of a lot shall be fifty • (50) feet,
except that in case of a lot having a mean width of less
than fifty (50) feet and in separate ownership on or be-
fore January 1, 1958, this regulation will not prohibit
the erection of a one - family dwelling.
Duplexes and multiple dwellings hereafter erected require
a minimum mean lot width of fifty (50) feet.
a. In District R -3 no building shall be erected or altered
on a lot which makes provision for less than the fol-
lowing number of square feet of the lot area:.
1. For one and two - family dwellings, six thousand
(6,000) square feet.
2. For three - family dwellings, including conversions,
eight thousand (8,000) square feet.
3. For four - family dwellings, including conversions,
nine thousand six hundred (9,600) square feet.
As provided for in Section 4 -20.
USE REGULATIONS:
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 4
DISTRICT R -4 - LOW APARTMENTS
In District R -4, 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 Sections 4 -12
and 4 -14:
6. Convalescent homes, nursing or old folks' homes, other
than for mental patients, alcoholics, or persons having .
contagious diseases, For the purpose of computing the
number of patients or guests allowed, a minimum of
three hundred (300) square feet of lot area shall be .
provided for each patient or guest.
7. Convents, private clubs or fraternal orders, including
fraternity or sorority houses, except clubs, the chief
activities of which are services customarily carried
on as a business.
1. Any use permitted in District R -3.
a. The specific conditions governing the location of
uses enumerated in Sub - division B of R -1 uses do
not apply.
2. Apartment houses, row houses, and converted dwellings.
3. Boarding houses and children's boarding homes for more
than four (4) children,
4. Lodging houses. For the purpose of computing the number
of lodgers allowed, a minimum of •three hundred (300)
square feet of lot area shall be provided for each lodger.
5. Clinics for people only, and offices of surgeons, phy-
sicians (including osteopaths and chiropractors) or
dentists, when the property is in single ownership, and
adjoins or abuts a business or industrial district with
in the same block, and borders or fronts on a street
which is a continuation of a street in the business or
industrial zone, bordering the same block. This use
will be permitted after a public hearing and approval.
by the Planning Commission. Said Commission shall
determine that such use will not materially injure the
appropriate use of neighboring property. Off- street
parking shall be provided on the premises as required
for office buildings in Section 4 -20, plus an addition-
al twenty -five (25) per cent of that requirement. The
Commission shall make such restrictions and safeguards
as necessary, in its opinion, to keep the property in
harmony with the permitted residential . uses in this
district.
• • .
•
CHAPTER 4- LAND USE DISTRICTS
SECTION 4 - 4
DISTRICT R-4 - LOW APARTMENTS
•
-8. Office buildings, to be used exclusively for the admin
istratiye functions of a single organization, ox' by a
single professional,organization or society, after public
notice and hearing and approval by,the Planning Commission,
when the property Is in single ownrship, and adjoins or . •:•
abuts a business or district within the same •
block and borders or fronts upon a street which is the con-
tinuation•of a street in the business or industrial zone
bordering provided that •the occupancy has
only limited contact•with the general public; and provid-:.:
ed that no merchandise•is handled or merchandising services
are rendered on'the'premises. The Commission shall
terminesthat•there is ample off-street parking space. on the
property •commensurate with the proposed use, using as a •'.
minimum the amount office buildings in
Section 4-&),.plus:twenty-five (25) per cent additional:.
The Commission shall also determine that this.use will
not affect adversely the present character or future de-
velopment of thesurrounding residential community.lhe
Commission may place any additional restrictions or safe-
guards necessary,' inits opinion, to preserve the.meaning
and intent of the Zoning Ordinance. Only one sign or •
nameplate, permanently attached to the building, not over
nine (9:.square feet'in.size, and giving the name only of
the organization,. be permitted.
. •
9, Schools,. other than 'those Permitted In R-1 and not other-
wise classified, after public -notice and hearing and
approval by the •Panning Commission. . •
. -
10, Accessory uses cUstomarily to the above uses, anoL
located.on the same lot:therewith, not involving thecon..
duct of 's business or industry as . • • . • ••. • . ..•..
a. Any window-or'other•displayor'sign shallcoMply .
the regulations for:suChacoessory uses in District
except that in:this district an unilluminated:Signi::::
advertising lOdgingand/orboard, shall be allowed,
which sign shall not exceed eighty (80) square inches
in size.
•
b. Home occupations as defined' in Section 4-2 shall'ipe.:
allowed in this district but in this district an un-.
illuminated sign, attached to or within the building,.
not to exceed.eighty (80) square inches, carrying the•.:-:
• name and occupation, may be allowed.
c. All other limitations governing accessory uses
District R-1'shall apply to District R-4, •. •
HEIGHT, YARD AND AREA -
•
_ •.;
. • • •
In District R-4, the height of buildings or structurasthev.
minimum dimensions of •yard6„ and the minimum lot area:per...
family permitted on.any lot shall.be as follows (for:. excep
ions see Section 41.17): •
•
5 .
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 4
DISTRICT A-4 - LOW APARTMENTS
1; HEIGHT:
Buildings or structures shall not exceedthree (3)
stories and shall not exceed forty-five (16) feet in
height.
2. FRONT YARDS:
The front yards In this district shall have a minimum
depth of fifteen (15) per cent of the depth of the lot
but the depth of such front yard need not be more than
twenty (20) feet..
. . .
3: SIDE YARDS:..
a. There shall be a side yard on each side of every
principal building with a minimum width of not less
than ten (10) per cent of the width of the lot. Such
side yard shall not be less than four (4) feet and
need not be more than eight (8) feet. For a struct-
ure over thirty-five (35) feet in height, any side
yard shall not be less than six (6) feet.
b: Side yards for accessory buildings or structures
shall be in accordance with Paragraph 0.1; of Dis-
trict R-1.
c. On a corner lot, the side yard regulation shall be
the same as for interior lots, except in the ease 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 (1/2) of the
front yard required in Paragraph 2.
4. REAR. YARDS: • •
a. The rear yards in this district.shall have a minimum
depth of twenty-five-(25) per cent of the depth of the
lot but the depth of such rear yard need not be more
. •
than twenty-five (25) feet; . .
•
b. The area occupied by a detached accessory building in:-.
a rear yard shall be limited to forty (40) per cent
of the area of the rear yard;
•
LOT WIDTH:
The mintnum mean width of a lot shall be fifty (50) . •
feet, except that where a lot has a mean width of less .
than fifty (50) fcc t and is in separate ownership on -
or before January 1,1958, this regulation will not pro
hibit the erection one-family dwelling.
Duplexes and multiple dwellings hereafter erected re-
quire a minimum mean lot width fifty (50) feet.
- 21
- •
•
�?
PARKING REGULATIONS:.
;. '
As provided for in Section 4 -20'
CHAPTER.4 - LAND USE DISTRICTS
SECTION 4 -4
• DISTRICT R -4 - LOW APARTMENTS
LOT AREA:
No building shall be erected or altered on a lot which
makes provision for less than the following number lof
square feet of the lot area:
a. For one- and two- family dwellings, four thousand
(4,000) square feet.
b. For three - family dwellings, including conversions,,
five thousand-,(5 square feet;
c; For dwellings with more than three (3) families, .
other than.apartments and row houses, including con
versions, five thousand (5,000) square feet, with
one thousand (1,000) square feet additional for eac
family over three (3):
d. For apartment houses and row houses, one thousand
(1,000) square feet per family.
. '... ;.•...,
�..;
:'
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 5
DISTRICT R -A - AGRICULTURAL
USE REGULATIONS:
In District R -A, no building or land shall be used and no build
shall be erected, altered' or enlarged, which is arranged, intende
or designed for other than one of the following uses, except as''
otherwise provided in Section 4 -13 and 4 -15:
1. Any use permitted in District R -1.
a. The restrictions for District R -1 governing the location
of uses under sub - division B in that district apply also
to their • location in District R -A. Churches and other
public.uses.as provided for in items 1 to 4, inclusive ,
of sub- division .B of Section 4 -1 (District R- 1),- : shall'
`
provide a lot area of at least three (3) acres.
2. Agricultural uses, including horticulture,nurseries,'orc
aviaries, apiaries and field crops.
3. General farming including the breeding and raising of live.
stock, riding: stables, academies, polo fields, on .a tract;
lot or
parcel having an area not less than twenty {2)) acres.”,
provided that all stables, barns, animal sheds or sheltersq0i4
shall be located not less than one hundred (100) feet froiri
any property line, and further provided there shall .be.:no-
feeding or disposal of garbage, rubbish or offal,.. unless
permit for such operation is issued by the Town Council'
which permit shall be for a stipulated period not to excee
three (3) years.
4. Farms devoted to hatching, raising, breeding and marketingo
chickens, turkeys or other poultry, fowl,. rabbits, . fury ;; bear="
ing animals, fish or frogs, on a tract,lot or parcel : , havin
an area of not less than five (5) acres.
5: Killing,butchering or dressing of livestock, fowi; o
other animals raised on the premises, provided that suc h''`,
killing,butchering or dressing be done in an accessory:`
building, which building "shall be , located not less ,:than r
hundred (200) feet from any, property line,
6. Kennels, provided the buildings and pens shall be locate
not less than two hundred (200) feet from any .propert
7. Mushroom barns and caves.
8. Picnic groves, but not including any regular business .0
cabin camp development therein.
9. Accessory uses, including all buildings and structures, common
ly required for the operation of any of the above uses, road�`;
side stands offering for sale only products which are pro
=;..f.
duced on the premises. Display of one unilluminated . sigft
larger than sixteen (16) square feet in area, pertaining
to the sale, lease or identification of the premises upon-
which it is located, or to the sale of products raised
thereon.
^ ° . .. ..
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 5
DISTRICT R -A AGRICULTURAL
HEIGHT, YARD AND AREA REGULATIONS:
In District R -A, the height of the buildings, the minimum dim
ensions of lots and yards and the minimum lot area per family
permitted on any lot shall be as follows (for exceptions see
Section 4 -17):
1. HEIGHT:
Buildings shall'.not exceed two and one -half (2 -1/2). storie
and shall not exceed thirty -five (35) feet . in height;:
Accessory buildings or structures, such as barns and silos
whose usability is based upon certain heights may extend
above thesel4mits.i.
4
REAR YARDS:
_.
2. FRONT YARDS:
The front yards in this district shall have a minimum;
depth of forty (40) ..feet.
3. SIDE YARDS:
a, The side yards :in "this district shall have a minimum
depth of eight (8) feet.
b. On a corner lot,. the side yard regulation shall be; - the.
same as for interior lots, except in the case of.revers
ed frontage where interior lots have been platted or-:
sold fronting on the side street,, In this case, .there
shall be a side yard equal to the front yard required..:
a. The rear yards in this district shall have a minimum;':
depth of twenty -five (25) per. cent of the depth of the.;;;
lot,:. but the: depth of such rear yard need not . be more
than fifty (50) feet.
b. The area occupiedby. a. detached accessory building in
a rear yard shall limited to forty (40) per cent..o
the area of the rear Yard.
5. LOT AREA:
No building shalibe erected or altered to accomodate;or
make provision for more than one family for each three',
(3) acres with a minimum frontage of one hundred and
twenty (120) feet, provided that where a lot, in
single ownership at the time of the adoption of this
Ordinance has less area width than required herein,
this regulation will not prohibit the erection of a •
one- family dwelling.
,
- 24 -
(.
HEIGHT:
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 6
ZONE R-P AUTOMOBILE PARKING
a. The area shall be hard-surfaced.
HEIGHT, YARD AND AREA REGULATIONS:
-
--••••• .
,...,,
,.... ,
Land classified under this zone shall also be in either an R-L 11
R-3 or R-4 district. The following regulations shall apply to the
fl-P Automobile Parking Zone. At least one side or a portion of a'
side of an R-P Zone shall coincide with a portion of the boundary. of
a commercial or industrial district.
This zone shall be used only in connection with a unified develop- ' '{
ment of business or industrial use of three (3) acres or more, 'and
after the preliminary plans of the proposed development shall have
•
USE REGULATIONS:
, .
• , ,
In Zone R-P, 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 pro-'.
vided in Sections 4-13 and 4-15.
1. Any use permitted in the residential district in which the
R-P Zone is situated.
• ,,:
2. Auxiliary. public parking areas for automobiles in
the uses permitted in paragraph 1. Areas developed for
parking shall comply with the.following conditions:
b. Any lights used to illuminate the park area shall be
so placed that they will not reflect on adjoining re-
sidential property.
•
c. There shall.be a solid wall or fence or suitable-screen,
planting, at least three and one-half (3-1/2) .feet
along the street side of the parking area and along an
side or rear line which abuts or adjoins any property
used for residential purposes or which forms a street
line or a portion of a street line. • •
d. The portions of the area where parking is prohibited
shall be suitably planted with grass, trees and shrubs.,
In Zone R-P, the height of buildings, the minimum dimensions
of yards and the minimum lot area per family permitted on any
shall be as follows (for exceptions see Section 4-170 •
The height of any building or structure shall comply with
the height requirements of the residential district in
which the .R-P Zone is situated.,
2. YARDS:
3. LOT AREA:
PARKING REGULATIONS:
•
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 6
ZONE R-P AUTOMOBILE PARKING
a. The yard requirements for any residential building Or.
structure in this district shall be the minimum front
side and rear yard requirements of the residential
trict in which the one is situated.
'
b. Parking areas in this zone require no front set-back
where there are no residences in the block and on'the'
same side of the street and where a street right-ot
way is eighly(80) feet or more. Where there arere.
sidences in the same block or where the street right
strict
of-way is less than eighty (80) feet there shall7t::
Yard and-Area Regulations for the residential.di
setback . equal to the front yard reauired by the Height
in which this .zone d.s.situeted.
On a corner lot a setback of eight (.8) feat is require
on the side street.
c. There need be no side or rear yard where the side*or,
rear lot lines of the parking lot abut or adjoirv:prO
perty used or zoned for business or parking but •no,;4
parking shall be permitted within six (6) feet of any
side or rear line which abuts or adjoins propertyAlsed
or zoned for residential purposes.
The requirement of the lot area per family for residential or structures in this district shall comply with*
the requirements for the lot area per family of the resid
ential district in which the R-P Zone is situated.
As provided for in Section 4-20.
•
' • • ,, •'r
GENERAL CONDITIONS:
CHAPTER •4 - LAND USE DISTRICTS
SECTION 4 - 7
DISTRICT C -P - PLANNED BUSINESS CENTERS
A District C -P may be established upon a tract of land in single;
ownership or under unified control, provided that a preliminary'.:;
and a final development plan for a Planned Business Center have:;
been prepared and submitted in compliance with the regulations,..
and requirements of this section.
This district shall be further divided into C -PC, C -PN and C -PR'
Districts, with requirements as listed below.
If to be designated as a District C -PC, the net area of : land :t.
be included and so designated shall be at least one and one - half:
(1 -1/2) acres in size. If to be designated as a C -PN or
District, the net area to be included and so designated shall b
at least five (5) acres in size. The term "net area," as used;
herein, shall not include any areas within dedicated highways,:'
streets, alleys or any other public ways or public property...
The area occupied by buildings on a tract of land which is to be'
established as a C -P District shall be thirty -five (35) per cent;
or less of the net area of the district.
The location of any C -P District shall be on property which has;:,
an acceptable relationship to major thoroughfares. The Planning
Commission must satisfy itself as to the adequacy of the thorough
fares to carry the additional traffic engendered by the develop
ment.
The plan for the proposed development must present a unified :
organized arrangement of buildings and service facilities, which_; = h4f ; `? ;
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 7
DISTRICT C -P - PLANNED BUSINESS CENTERS
ing Commission that the preliminary plan, as prepared and submit
ted, meets the requirements and regulations of this section, the:;'`
proponents shall prepare and submit a final development plan,
which plan shall incorporate any changes or alterations requested;;.
by the • Planning Commission. If the final development plan is.foun
to comply with the intent of the requirements and regulations set..
forth in this section, the Planning Commission shall prepare and :';.
submit to the Town Council a request for ordinance,whi ^,h ordinai c
is to provide for and establish a C -P District in accordance.with:
the final development plan submitted. The Council may modify.the
final development plan consistent with the intent and meaning'of'.:
this ordinance. The.preliminary and final development plans,submit
ted shall comply with the rules and regulations adopted by the;,' °:';
Town Jouncil for the submission, review and development of Plann •
Business Centers.
Application may be made directly to the TownCouncil for the re'
zoning of property for a Planned Business Center, but, beforetak`
ing action, the Council shall refer the matter to the Town Planri-
:ing Commission for•recommendation. The procedure and requirements
for the submission of plans and the information. required shalt be:
the same as though the application had been made directly to:thev
Town Planning Commission and which is provided for in this. section;,
When the matter has been referred to the Town Planning Commission
by the Council and action has been taken by the Commission, they:.
plan together with the recommendation of the Planning Commission,
shall be submitted to the Town Council. •
USE REGULATIONS:
In District C -P, which is further divided into District .0 -PC
C -PN and C -PR, 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: =?
A. IN A DISTRICT C -PC (CONVENIENCE)
1. Artists Studios.
2. Bakery or pastry shops, (retail only) employing
more than five (5) persons on the premises.
3. Banks.
4. Barber or beauty shops.
5. Bicycle repair shops.
6. Book or stationery stores.
7. Churches.
8. Clinics, for people only.
9. Clothing or ready -to -wear stores.
10. Confectionery stores.
11. Dancing schools.
12. Drug stores..
.
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 7
DISTRICT C-P - PLANNED BUSINESS CENTERS
13. Dry goods,or notions stores.
14.
15.
16.
17. Florists or.gift shops.
18. Furniture homes or stores.
19. Garages (storage) for motor vehicles (no
fender work), providing they comply with
quirements of other TownOrdinances.
20. Grocery, fruit or vegetable stores.
Hardware.stores.
22. Jewelry stores.
23. Meat markets or delicatessens.
24. Music studios..
25. Offices, including ticket offices for railroad,_
steamship, :bus and aviation lines.
26. Photographic.Studios or shops.
27. Plumbing shops, no tinwork.nor outside storage:.
Dyeing, dry cleaning or laundry collection officeS:
Electrical shops.
Fix-it.radio or television repair shops.
permitted.
28. Public parking lots or stations for
cars or taxicabs.
29. Restaurants or tea rooms (excluding
30. Service stations (gasoline and oil)
motor, body or fender repair work.
31. Shoe stores or shoe repair shops.-
32. Tailor shops.
33.
Other retail business activities of the character4
enumerated above not included in any other classi=:k
fication.: - •
34. Accessory uses customarily incident to the uses
enumerated above, including air conditioning plaritSp
and ice refrigeration plants purely incidental.tol
a main activity.permitted on the premises.-:i
B. IN A DISTRICT C-PN (NEIGHBORHOOD)
1. Any use permitted in District C-PC,
2. Auto laundries.
3. Automobile or trailer sales rooms.
• 4. Bakery or pastry shops (retail only).
body or
the re-
passenger -.
"drive-ins").
not including
-
(
1. HEIGHT:
CHAPTER 4 - LAND USE DISTRICTS
•
SECTION 4 - 7
HEIGHT, YARD AND AREA REGULATIONS:
C. IN A DISTRICT . 0 -PR (REGIONAL)
1. Any use permitted in District C -PN.
2. Battery stations.
DISTRICT C -P - PLANNED BUSINESS CENTERS
3. Cat and dog hospitals, sound- proofed and air. con
ditioned;.and without outside pens.
4. Diaper service.'
5. Drive- in.businesses where persons are served'in ::`
automobiles, such as refreshment stands, restau -'
rants, food stores, and the like, provided the=
nearest point of the property is more than one.
hundred (100) feet from the boundary of a resid=
entially zoned (R -1 to R -3, inclusive) property;:;
6. Garages (public) provided the nearest point ofthe:
property is more than one hundred (100 ) feet from,±
the boundary of an R -1 to R -3 District, inclusive
and provided all work is done within the building.:
7. Manufacture of articles sold only at retail Cif;.th
premises.
8. Miniature golf courses.
9. Newspapers, job printing, lithographing
lishing. :
Parking stations for trucks and buses.
Photograph printing shops.
Plumbing or sheet metal shops
of material of one- eighth (1 /8
thickness)...
13. Sign painting and sign shops.
14. Taxidermy.
15. Tourist courts and motels.
16. Transfer and storage offices.
17. Accessory uses customarily incident to the
uses.
18. Hospitals
allowing- punching
inch or less in*'
In a District C -PC, the height shall not exceed three;.;
(3) stories and shall not exceed thirty -five (.35) : ',;fee
•
' •
-32-
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 7
DISTRICT C-P - PLANNED BUSINESS CENTERS
In a District C-PN, the height shall not exceed three
(3) stories and shall not exceed forty-five (45) feet..
In a District C-PR, the height shall not exceed six •
(6) stories and shall not exceed seventy-five (75) feet..,
If a Planned Business Center is to be constructed,
building or structure shall be erected whose roof,
ney or other topmost structure or portion of structure
shall intrude into an approach zone.
2. YARDS: "
In any C-P District, there shall be a set-back from,
any street of at least twenty (20) feet from any build
ing. . .
Along any other property line within or adjoining an
established commercial district, there shall be a set-14
back for any building or structure of at least ten (10)
feet, unless the provision for a fire lane is not cori-
sidered necessary.
Along any other property line abutting or adjoining Ha
. .
residentially zoned district, there shall be a set-back.
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 7
DISTRICT C -P - PLANNED BUSINESS CENTERS
C -P Districts with a rentable floor area over one hundred
thousand (100,000) square feet shall provide at least.
six (6) / parking spaces per one thousand (1,000) square
feet o rentable floor area.
Ample off- street space for standing, loading and unload-
ing shall be provided within the development.
Lights used to illuminate the parking area shall be so
placed that they will not reflect on adjoining streets
or residential properties.
1. HEIGHT:
b.
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - '8
DISTRICT E -R -O - EDUCATIONAL, RESEARCH AND OFFICE
HEIGHT, YARD' AND AREA REGULATIONS:
In District E -R -O, the height of buildings and the minimum
dimensions of yards permitted on any lot shall be as follows
a. Principal buildings shall not exceed three (3) stor-
ies and shall not exceed forty -five (45) feet in
height.
Accessory building shall not exceed two (2) stories
in height and shall not exceed thirty- five(35) feet,
except that by increasing the set -back on all sides
one (1) foot for each one (1) foot in height over
thirty -five (35 ) feet, the height may be increased
to forty -,five (45). feet..
USE REGULATIONS:
In District E -R -O, which shall be at least three (3) acres
in size, and in single ownership or under unified control,
and abutting a business or industrial district and also
abutting a designated trafficway; no building or land shall
be used and no building or structure shall be erected, al-
tered or enlarged, which is arranged, intended or designed
for other than one of the following uses, except as other-
wise provided in Sections 4 -13 and 4 -15.
1. Offices for an administrative, executive, professional,
research or other similar organization having limited
contact with the general public, provided that no mer-
chandise is handled for sale or merchandising services
are rendered on the premises, except such as are incid-
ental or accessory to the principal, permissible use of
the premises.
2. No residential structures shall be permitted except
those for caretakers or guards.
3. Such accessory uses shall be allowed as are customarily
incident to the principal use, including laboratories.
Laboratories, however, must be approved by the Planning ..
Commission after a public hearing, to determine that
they will not adversely affect the surrounding community.;
4. Only one sign or nameplate shall be allowed, not over
nine (9) square feet in size, and giving the name only
of the organizations, provided, however, that a sign
larger than nine (9) square feet in size may be allowed
if first approved by the Planning Commission after a
public hearing, and provided further, that any such .sign
...
shall be affixed upon or against a canopy or wall of the
building, and shall not extend above the roof line and
shall be in harmony with the general architectural de-
sign of the structure to which it is affixed.
2. YARDS:
LOT AREA PER BUILDING:
Each principal building and its accessory buildings shall be
situated on at least three (3) acres of ground, and shall
have a minimum frontage of three hundred (300) feet on the
designated trafficway or trafficways.
PARKING AND LOADING REGULATIONS:
Off- street parking shall be provided on the basis of one
parking space for each three (3) employees.
Such off - street parking shall only be provided on the side
and rear. yards.
The parking areas shall be hard - surfaced and the Planning
Commission may require where visible from a residential dis-
trict, a fence, wall or hedge of at least three (3) feet in
height to be constructed and maintained. All lights in said .
parking area shall be so situated as to reflect away from re-.
sidential property.
All driveways entering the
trafficway or trafficways, or from business or industrially
zoned districts.
Loading space shall be provided in the side or rear yard.
only.
CHAPTER 4 - LAND USE DISTRICTS
SECTION.14 - 8
DISTRICT E -R -0 - EDUCATIONAL, RESEARCH AND OFFICE
All buildings in this district shall set -back from any
boundary line of a residentially zoned district at least
fifty (50) feet.
a. Front. All buildings or structures shall set -back
from the front street line to a minimum of fifty (50)
feet.
b. Side. The side yards in this district shall have.a
minimum width of twenty -five (25) feet on each side
of the principal building.
c. Rear. The rear yards in this district shall have
a minimum depth of twenty -five (25) feet.
d. Accessory buildings shall only be built in the rear
yard and may be built not closer than twenty -five (25)
feet to the rear and side property lines, except that
when these are also street property lines, other than.
on streets containing the boundary of residentially
zoned districts, the above buildings shall be set-
back at least fifty (50) feet.
property shall be from a designated
USE REGULATIONS:
In District C-1 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 Sections 4-13 and 4-15. Only flat wall signs
or signs on the face at a marquee are permitted and shall advertise
or indicate only services articles or products which are offered
for sale within the building to which the sign is attached,
1. Any use permitted in District R-4.
2. Artists! studios.
3: Bakery or pastry shops (retail only) employing
five (5) persons on the premises, exclusive of
Banks.
Barber or beauty shops.
Bicycle repair shops.
Book or stationery stores.
Buildings used for municipal or governmental purposes.
Clinics, for people only.
Clothing or ready-to-wear stores
Confectionery stores.
Dancing Schools.
Drug stores.
Dry goods or notions stores.
Dyeing, dry cleaning or laundry collection offices.
4.
5.
6:
7.
8.
9.
10.
11.
12.
13.
14,
15.
16:
17.
18.
19.
20.
21.
22,
23.
24.
25.
26.
27.
28.
Electrical shops.
Fix-it, radio or television
Florists gift shops.
Furniture homes or stores.
Garages (storage) for motor,
work).
Greenhouses (commercial).
Grocery, fruit or vegetable
Hardware stores.
Jewelry stores.
Launderettes, washeterias or
Meat markets or delicatessens.
Music studios.
Office buildings, except when this district is entirely
surrounded by an R-1 or R-2 district, and offices, includ-
ing ticket offices for railroad, steamship, bus and aviation
lines,
29. Photographic studios or shops.
30. Plumbing shops - no tin work, nor outside storage permitted.
31: Public parking lots or stations for passenger cars or taxi-
cabs,
32. Restaurants or tea rooms (excluding "drive-ins").
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 9
DISTRICT C-1 - NEIGHBORHOOD RETAIL BUSINESS
•
-36-
repair shops.
•
vehicles (no body or fender
stores,
self-service laundries.
not more than •
drivers.
•
• 31. Service stations (gasoline and oil) ,nOt.including motor,
body or fender repair work. One pole or column emblem. or
• trade-mark sign, in addition to the other signs allowed in
this district, shall be allowed on each street side upon •
which the station abuts,provided that the pole is placed...
back from the property line a distance equal.to the setback
or yard requirement of the Zoning Ordinance for this.dis..•
trict, or a building ,lineestablished by a plat, or by
private restriction,.whichever is the greater. No other.
advertising shall• be attached.to,the pole. .
Shoe stores or shoe repair shops. • •
•
• ,
35. Tailor shops..''' '... • .•; -.::.-, .- • .. ‘ , -.v .: -.•:, . -,,:--,:•::: •
. ..,, ..... - ,• ... • . • . ----,-- .
Other ,retail business aOtIvities2Ofthe character enumer • _
..,,,,:••;,..;:,.. :: ated.above not included in any other •classification,
. _
• . %•.-. .
Accessory uses cUStomarily a neighborhood re-
tail business, including airconditioning plants and ice •.
refrigeration plants purely Incidental to a main activity.
permitted on the premises., • •-;*:. . . , .
. ,
CHAPTER 4 - LAND USE DISTRICTS
, • SECTION 4 - 9
DISTRICT NEIGHBORHOOD.RETAIL BUSINESS
•
HEIGHT, YARD AND AREA REGULATIONS:
. • .
•
- • . ••
In lDistrict C-1, the height of thelmildings'or structures, the
minimum dimensions of,lots and yards and the minimum lot. area per
family permitted on any as'follows; provided that build-
ingerected exclusifrely,'for dwelling purposes shall comply with
thefront,-side and rear. yard requirements of District R-l1. (foi
.
exceptions see Section •
1. HEIGHT
Buildings or structuresshalinat exceed two and one-half
•:.(2-1/2) stories and (35) feet .
in: and_in:the:same block with
District R-4 - ' in,which Case:the height shall not
exceed three (3Ystories and,shalI:not exceed. forty-five
•
(45) feet.. • - . • -
• , •
•
- -
. , •
FRONT YARDS:
. _
a. There need be. no front yard this district, except- -
when the district abuts or adjoins a District R-2,
R-3, or•R-4'within the: same block and on the same side
of the street., provided this situation occurs, the front-.;
yard requirements , Tor this district shall be the same •
as that for the abutting or adjoining residential dis-
tricts.(R-1-to:R-4) inclusive). when the residences . or •
Hlots fronton':the same street, but need riot be more ,than:
twenty
- . • ,
. •
' •
•
,." • . • . • • • .
!:•
„ .
..CHAPTER : - LAND USE DISTRICTS: .
- • , SECTION 4' .9 •
NEIGHBORHOODRETAIL'BUSINESS
b.When the. rear line or a'portiOn.of the rear of
residentially zoned is adjacent to or abuts the
business district, .there shall be a setback for buildings
facing the street whose property line forms a street side
,line of the residentially zoned property, equal in depth
to the depth of the existing required side yard in
the residentially-zoned district, whichever is the great
need not be more than ten. (10) feet.
. ,
c a-corner lot,'.platted or unplatted, whose rear line .
..abuts or adjoins.a side lineor portion of'a side line. :.•
a lot„there.shalI be a front yard for any building
:or'buildings.bn the corner lotwhich face the same
street as.the'residentially zoned' property in the block„
equal to.Onelial“1/2):of the' front yard requirement
for the residentially-zoned property given in paragraph
theJleight, Yard and.Area.Regulations for that
•
district.:
•
• , .
• • . . •
a. .No side 'yard is .required in this district, except where
the district abuts or adjoins a District R-1,
or .R-4 within the same block and on the same side of
-..*the street. When-this occurs, there.shall be a side
yard along the side line of.any lot in the business
district where that side line abuts, adjoins or is ad-
: residentiai district, and on the street
side of a corner lot...
• . • •
• . • • . .. • . ' • • '
..„.
(3in.any abuts or adjoins a residen--
.-,
-tial district-the-required shall conform to
'the requirements side'yard.in'the abutting or
adjoining residential district, .
- •
1D lot, platted./OrUnplatted, whose street side
line is a continuation line of a lot :or lots
to its rear in the same block which are zoned for res
_
.1.dential be a side yard on-the.::
street side thecorner 'in the business distridt
equal'in.depth to the'depth.of'the existing or required
•
theresidentially zoned district, which
,ever isthe but need not be more than ten ( ..
feet.• .
_c.:,On a corner-lot or unplatted whose street side
line is a continuation of the front street line'of'a
- lot or lots ta4ts:rear, there shall be a .setback from
the street side line of the corner lot equal to one-
(1/2) of the front yard requirement in paragraph
2 under the , Height, Yard and Area Regulations for the
residentially zoned district fronting on said streetj'
• ... •
.
4 ..:.. 9
.• .
•
, .
• DISTRICT C-1,NEIGHBORHOOD RETAIL BUSINESS
. .
• 4. REAR YARDS:
a. The rear yard for business buildings shall be at least
three (3) inches in least dimension for each foot of
height of' .the building at any given level but. must be at
least 'four (4) feet. Where the rear yard. abuts or ad-
joins a residential district . (R-1 to R-4 inclusive) the .
•rear yard.shall be at least ten (10) feet in depth.
: •-•
. Where there is an alley, the rear yard shall be measured
to the.Center:of the alley.. No rear yard is required
• ,where . a rear line of a lot'zonethfor.business• abuts or
'adjoinstheside.or•rear:line .of zoned for business;
d, is within fifty(50),Lfeet:of.the nearest street.
- .
•
An accessory building shall 'be allowed in the above rear
yard but..shall:be•kept at.-least'four (4). feet from the
rear and side lot lines, unless there Is an alley. Where.
•
there is:an alley„:it.may, extend to the property line.
• along. the corner lot, the accessory build-
ing shall be set:back least fifteen (15) feet from
street line.
5.'LOT WIDTH: • • .
. .
The minimum•mean width of'a lot used exclusively for.. •
•
• , .
•
, ■'• •-• • ;
HAPTER 4 LAND USE DISTRICTS
,...... •
•
No-building ,to be' used wholly or partially for dwelling
; .
residence purposes;.shall'befifty (50) feet, except: . •
that where a.lot•hasa•Mean.Width of less than'fifty(50)
feet and.is in separate ownership on or before January
1958, this regulation will not prohibit the erection
a one-family dwelling. 1
Duplexes and hereafter erected,
require a minimum.meanaot width of fifty (50) feet, •
There shall -be .no-limitation of .lot width for buildings.
used wholly-orpartiallyfor purposes...
purposes,shall'be on a lot. which:
• makes provision ,for less than the-following number
square•feet:ofthe:aotarea: - • ,•
. _ , - •, ' , - -
- :,' •:„„. ;..,.-
.• .....•
a. Forone-'and:two'LfaMily dwellings, four thousand (4-,000).
feet,
square '
. . . . .
.,
• b. For-three-family including conversions„:.
_ . five thousand (5,000) square . feet.:.
o. For dwellings with more than three (3) families, other.,
. _ •.,,
_ . than row houses,•apartment hotels and hotels, five .....';.:•,-.y(.4.
thousand (5,000) square feet, with one thousand (1,000)
square over three (3).
ForrOw.houses, one'thousand (1,000)
square feet per fi
CHAPTER. LAND USE DISTRICTS
DISTRICT . •
• NEIGHBORHOOD RETAIL. BUSINESS
•
• , . 1 , .
_ • _ , .
... FOr ap artmentl'houses, apartment hotels, hotels, and build-
ingS - used 'jointly for hotel and apartment house uses or - ••••• •
for business and 'residence. purposes, one thousand (1,000) .
• square .feet - per' •familyi • except where the business district
. ..:. 7 . . abuts, or adjoins :only . an R-'4. District within the block, . , • ..;.,
......;.,.,:.: when it_shall_be.three.hundred fifty (350) square feet
persfamily. For further . -limitations on buildi used
use
• ,, , ,, • ...
■ .. . .
jointly for..hotel" apartment house uses or for business•
,,--•',..;•: and residence. o
e
purposes, se.:Sectin :47-11 paragraphs (p). - ,-• .
• • • .,,,% • .
.. ,:,. . • and - ( q) 1 .
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 10
DISTRICT C-2 - LOCAL RETAIL BUSINESS
USE REGULATIONS:
In District C-2, no building
ing shallbe erected, altered
tended or designed for other
except as otherwise provided
•
•
•
or land shall used and, no build-
or enlarged, which is arranged, in-.
than one of the following uses,
in Sections 4-13 and 4-15.
1. Any use permitted in District
• 2. Animals raised
3. Auto laundries: . • • ••••„••..
4. Automobile or'trailer sales rooms and traileror used car
sales .lots. Nodismantling,of.cars or :trailers nor sale of
used parts is allowed on said trailer or used car lots. Pny
lights used to illuminate•said lotsshall be,so arranged as
• to reflect the light away from anyadjoining premises in
residential district. The use of•flood
used for protection of the property, shall be permitted'only
until 10:00 o'clock at 'night Such lighting :used for pro
tection shall not exceed in intensity two-tenths(.2)
of light per square foot, measured at
,•••••
5. Bakery or pastry shops(retail::Only)..:..•
6. Barbecue stands
_ •
. •
.• •
•.• •
•
7. Bars or cocktail lounges, if they comply with the State
Law.
8. Billboards, poster panels, pole 'signs and roof signs. -
9. Billiard or pool halls and bowling alleys, if the nearest
point of the property is more ,than two hundred (200) feet:':
from the boundary of an R-1 to T-3 district, inclusive
unless the building is sound-proofedand air-conditioned
10. Bus stations. - ; •
.11. Business or commercial'„
12. Cabinet shops or%carpenter::
people and tile nearest:Pointof:the property is,:locatedMOre,
than two hundred (200) feet:frOinthe boundaryofan.:R771to4
R-3 district; inclusive.-, • ;- •
- • -
13. Children's amusement parksuPonpproval.'of.specificplans
by the Planning Commission,Th.fter:a public hearing,rovid1r
the following requirements are
. _ •
a, No amusement device
(100) feetofa'residential•zone:- •..
b. No loud sipeakersoramplification shall'be
loud whistles permitted. Anyhoise caused by.the:lopera,
tion of amusement.devices• shall :riot exceed twelve (12)
decibels, Measured of the property
est a residential Zone, above:the normal sounds created
:r occurring at•that' during the time the amuse-9
ment devices are • .• • • • :
c. The amusement•devicesShall.notOperate after.
in the evening, - •
d. Ample space.shallZbe provided for off-street parking
e. A fence, wall or Screen:of shrubbery shalLADe PrOvicreeAr.
maintained along•the
• residential zone.
4 , 1 !
f4.1
rPsy
#
CHAPTER 4 - LAND USE DISTRICTS
SECTION, 4 ; 10
DISTRICT C -2 LOCAL. RETAIL BUSINESS
USE REGULATIONS:
14. Commercial radio and television broadcasting stations or
transmitting stations and towers.
15,. Commercial photography,
16. Dance halls. .
17. Drive -in restaurants, where persons are served in automo-
. biles; when the nearest point of the property is more than
two hundred-(200) feet from the boundary of an R -1 to R -3
district, inclusive.
18, Dyeing or dry.cleaning plants, employing less than five (5)
persons on:the premises, exclusive of motor vehicle drivers
and providing that only:non- explosive cleaning fluids shall
be used:.
19, Feed stores grinding) 'S
20. Frozen food lockers.•for•individual':or family ,use;
21. 1•Yuneral- homes or :undertaking establishments,
22 Garages ( public provided.the of the propert
is more than ' two .hundred (200): feet from . the boundary , of an
R -1:. to R -3 district; inclusive, and provided all ' is
done. within the building.
23. Ice . Cream stores.
24. .Ice delivery stations.
25. Job printing, newspapers, .lithographing and publishing..
26. Laundries employing less than (10) persons on
premises, exclusive of motor vehicle drivers.
27... Loan . and finance. companies. . .
28. Miniature-golf. courses and miniature trains.
29; Night clubs or: taverns,. :if' they comply with the. :State
30 Office buildings.
31'. Package liquor . stores, if:.they: comply with..the. State:`
La
32 Pet. shops, if entirely ;within a :building.:
33. Pony- , :tracks.:or rings- for children
34, Public arkin stations .for_ commerci al deliver .. ........
p g ry cars ono
exceeding three - quarter`s (3/4) :ton.
35. Public .utility stations' or'; substations `or• :terminals.
36. Service= stations asoline:and"o11
37. Skating , rinks, if` the, nearest:- point of the .property.
more than•.; two : hundred:.(200) :feet.. from the boundary . of an
R -1 to R- 3.districtinclusive,urnless the building is
proofed and air= conditioned
38. Telephone. exchanges. .,
39. Theaters or - shows• :(other than "drive -in"
40. Tire and battery shops.: -�
41. Upholstering and :..furniture.�repair, with. not more than
(3) :employees,: .
42. Wholesale sales offices-or .sampl'e rooms.
43. Accessory uses .customarily incident to the above uses:
a.
; CHAPTER 4 •LAND USE DISTRICTS
SECTION 4
:DISTRICT C -2 = LOCAL RETAIL' BUSINESS
Flood lights or any which illuminate open areas in
connection with any of the uses listed above shall be so
arranged as to reflect , the light away from any adjoining
residential property and the intensity shall not exceed
two tenths (.2) lumens of light per square foot, measured
at any property line,
HEIGHT, YARD AND AREA REGULATIONS:
In . :District.C- 2,.the'height .of .the buildings or structures, the.
minimum dimensions of lots and yards -:and the minimum lot area per.•
family permitted - on - any;'lot. ;shall: be as . follows; provided.. that.: .: •`
buildings erected- •exclusively for dwelling. purposes shall comply:
with the: front, _ side. • and-'rear•. yard .requirements of District •R =4.. . • ( for exceptions see Section` '447 ): . • •
1'. HEIGHT: ;.
Buildings•or.:•structures shall . not - .exceed three (3) stories . and
shall: not: . exc eed forty -five. (45) :feet in height When ad=
joining ,a district,.. :the sameyblock, which has •.a
er height limit -- the height in District C -2 may. be increased'' :;,`
to six (6) stories but shall••not • exceed seventy -five- (75)
feet .. Thhen. adjoining : two:or• • more;. districts, within. the : same;;::'; ;;
•. ,blocks,• one of which districts has a height limit 'of .: less: than`:
seventy -five • (75')... " feet; .: the :lesser 'height limit shall , govern.
• but; ..in.. no case; need:. it; less ::than allowed for./District
There :need be no ": or.., side yard • 'in this district...exce
where':: the district abuts'oradj,oins a :District
;: >within'. :;the' . - block and on the.:: same °; :si • of ':"a street ; • h.M1 X
FRONT AND SIDE YARDS::
, Then this situation.= oecurs,.'•:and` the ' majority ,of the buildings;:,
or -lots in the residential dlstrict face on the above.;?.street ,
• there shall •be :al. setback, :from the. said: Street' any >bu l :d:-
ing in the. -business district equal; to one - half...; (1/2) s ::of• the'
front yard .requirement :,for the abutting. or: .ad j oining:. resi
dential district. °2 ' under ..the .Height Yard.f
and Area Regulations . for t'that :district;: and 'when. the side,7;=.y`j
property line of.; residential property forms• the greater:, .orgy -.:.:
tion (at -least T, 70 ) of ~;the'; street property :line in:. the;,,,.
residential.' district :given . in paragraph 3 under the : :Heigh.t t
Yard and , Area.: Regulations ' for that '.district, . but need .:,noto..:; . •
s t ..it fir4
be more • than eight (8) feet. , �i� };
There! shall.: be a side yard along the side line of •.aj prbper;'
in the : business.: district, ; line abuts,' :adjoins i.'orris
within 'eight. " (8): of a • boundary of a residentiah=:.disti'
equal .to .eight ..( feet •measured, from the residential'i dis'
trict boundary line ;: M.i ;U.`,
3. REAR ' YARDS: ..
Same as for District C-
4. LOT AREA:.
Same : as for .District : C=
PARKING AND LOADING. = REGULATT:ONS ::
As provided for in', Section .1
,CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 - 11 .
DISTRICT M -1 - LIGHT INDUSTRY
USE REGULATIONS::
In District M -1, no building or land shall be used and no
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 Sections k -1 3 and 4-15, all hazardous occupan-
cies.,Are.subject4to Building Code restrictions for Fire.
Zone: No.
,Any.use'permitted'in District C -1 or C -2.
Amusement' or, .baseball parks.
Auto salvage and :auto wrecking operations, provided the.
entire operation is carried on within a building com-
14ete.ly enclosed with walls and roof.
Assaying..(other•than gold or silver).
1 schools.
: wholesale.
Blacksmith, horseshoeing
Body.°and fender work.
Bottling works.
10. :Brewing or_ distilling of liquor.
11.i._C,anning or preserving factories.,
2. Carnivals..
3 :. ..Carpet cleaning.
4; . Cat ._and dog hospitals.:.
15.: ; Chemical laboratories.'
.:`Chicken batteries or brooders.
Coffee. roasting.
:Cold storage: plants..
Creameries.
Cutting or blending
Electroplating.. •
Elevator assembly.
Engraving..
24. Galvanizing.
25. Handforge.
•
26. Junk handling,:'provided the'entire operation is carried
on within a building completely enclosed with walls and
27.., Laundries.
28.: Machine shops;..
(
:CHAPTER 4 - LAND USE DISTRICTS
. SECTION 4 - 11
M-1 - LIGHT INDUSTRY
- Manufacture of:,
Products from aluminum, brass, bronze,copper, steel
or other metal and from bone, leather, paper, rubber,
shell, wire or wood.
Manufacture of:
'Artificial flowers, feathers or plumes.
Bags, , -: : .!-.. .
Blacking, cleaning or polishing preparations, . ...i '
Boats„.small.(twenty-eight (28) feet or less in length). . .
Brooms or brushes.
. . • . , ,- - %-:
. ,.....
Buttons
Canvas•products._ ..
Carriage parts.
Cement products„.including cement and cinder blocks
Cigars, Cigarettes or snuff; . _ . .. . . . ..- -
.Clothing, suits, coats or dresses for wholesale,:.
Cosmetics; . ,-, :.--
.: Electrical signs, .
- Food products, chewing gum, syrups, fruit juices,
extracts, drugs or medicines. .' . ...• -
Furniture:* . . . . . .
Gas, electric orelectronic-fixtures,
Ice or ice cream, -. • . ..._.- -..':::...:.:
, .
_. Mattresses or their renovation;
Musical -instruments. —.., ,.,..
Pctato, corn or tapioca chips; . .. ,
Radio and television _ :,,:
.Sausages..
, .
30; Meat processing (no slaughtering).
31 Milk.bottling or central distribution stations,
32;. Monument or marble works carving Only,...
. . . . . . .
and excluding,stone.cutting;
•
33: Oil compounding or barre31."
35; Poultry dressing.
34:: Pattern shops.
36 Salvage processing, provided the entireoperation is
'
carried on within a building completely enclosed with
walls and roof;
37. Spray painting or paint mixing; . .
38; Stamping, dieing, shearing or punching of metal
exceeding one-eighth (1/8) inch in thickness, r
39. Storage in bulk of the following, whichdoes'not inclUde
salvaged or-waste materials or junk storage or operati01
provided the property is enclosed within a wall
cyclone type fencei least eight (8). feet_injleighte
•
, *
SECTION 4 - 11
DISTRICT M-1 - LIGHT INDUSTRY
Asphalt, brick, building material, butane (less than
tank car lots), cement, clay products, coal, con-
.• tractors equipment, cotton, feed, fertilizer, food,
- fuel, gasoline (less than tank car lots), grain
gravel, grease, hay, ice, lead, lime, liquor, lum-
„ ber, : machinery, oils, plaster, pipe, propane (less
than tank car lots), roofing, rope, sand, stone, tar;
tarred or creosoted products, terra cotta, timber, • :.;
wine; wood or wool. Also warehouses for the same.
40. Terminals, freight rail or Water.
41. Terminals, truck - upon approval by the Planning Com-
mission after public notice and hearing. The Planning
Commission shall give due consideration .to traffic : re-
quirements of the streets on which such terminals would
have access, the location and width of entrances and •
exits to such truck terminals and the provision of
ficient space, and open, enclosed and covered docks to
allow the . trucks when loading, unloading, maneuvering and,!
parking to..be entirely on private property; and the
Planning Commission shall find that the use will not
affect' adversely the present character or future develop
ment of the surrounding community.
Prior to action in any case, the Planning Commission
shall request recommendations from the . .: • -
the Police Department and from the Fire Department
and shall impose any additional conditions or...,re-
quire any additional safeguards necessary; . iri its •
opinion, to avoid creating additional..fire: and tra.f7:1•0!
fice hazards or any possibilities of additional
traffic congestion. • .
Any enlargement or extension of an existing truck
. terminal shall require the approval of ; Planning
Commission • after public notice and the
same requirements and considerations as „ for; new
;
terminals'. •
42. Tracks spur, :loading or storage, and freight . :yards.
43.
44.
45.
Upholstering and rebuilding of furniture.
Veterinary hospitals.
Waste materials processing, provided the eritire opera ,
tion is carried on within a building completely:.enclose
with walls -and roof. ". ,
46. Welding shops. .. „
47. Wholesale produce ,markets.
48. •Wrecking operations, provided' the eriti're opere.tion
carried on within a building comple.tely enclosed:_*i
walls and . roof . .
CHAPTER 4 - LAND USE DISTRICTS
••.
HEIGHT,
CHAPTER 4- LAND USE DISTRICTS
SECTION 4 - 11 ..
*DISTRICT. M-1 - LIGHT INDUSTRY
YARD AND AREA REGULATIONS:
1. HEIGHT:
2. FRONT AND SIDE YARDS:
In District M-1, the height of buildings, minimum dimensions
of lots and yards, and the minimum lot area per family per-
mitted upon any lot shall be as follows, provided that build-
ings, erected for dwelling purposes exclusively, shall comply
with the front, side and rear yard requirements of District, '
R-4 (for exceptions see Section 4-16).
_ .
Buildings or structures shall not exceed four(4) storiesH„,
and.,shall.not,:exceed foety.Tive.(45) feet in height.
a. There need be no front or side yard in this distridt,
except when the district abuts or adjoins a District
-
R-1, R-2, R-3 or within the same block and
on the same side of the street. Provided this situa• ,
tion occurs, and the majority of the buildings or
lots in the residential district face on the said '-
street, there shall be a set-back from the said ,
street for any building in the industrial district
equal to one-half (1/2) of the front yard require- ,
ment for the abutting or adjoining residential dis- ,-
trict as given under the Height, Yard and Area Regu-
lations for that district; and when the side property,
line of residential property forms the greater por--
tion, at least 72% of the street property line in
the residential-district, there shall be a. set-bacie ,
in the industrial district equal to the side yard."
requirement for the said residential district as
• given in Paragraph 2 or . under. the Height, Yard
• and Area Regulations for that'district, but need .
not be more than eight (8) feet. =
b. There shall be a side yard along the side line of",'>
a property in the industrial district which abuts,
adjoins or is within eight (8) feet of a boundary.
of a residential district, equal to eight ,(8) feet
measured from the residential district boundary =
line.
3. REAR YARDS:
- _
a. The rear yard for business and industrial buildings
shall be at least three (3) inches in least
dimen-
sion for each of height of the building at:an
given level but must be at least four (4) feet. Where there is an alley, the rear yard shall '
measured to the center of the alley.
Where the rear yard abuts or ad
district (R-1 to R-4. inclusive), it shall_beat
least ten (10).feet*in depth. - -
• •.-
:
RESTRICTIONS:
'CHAPTER 4;- LAND USE DISTRICTS
SECTION 4 -12
DISTRICT C -M - INDUSTRIAL PARK
USE REGULATIONS
In District C -M, no building or land shall be used and no building
shall be erected for any purpose other than those permitted in
C -1, 0-2, or M-1 districts as shall be subject to the added re-
strictions below:
Auxiliary uses directly relating to the principal use, such as
residence of watchman or employees in training, special employee
dormitories, employee cafeterias, auditoriums, service stations
in connection with authorized motor -pool facilities and similar
uses may be permitted.
1 :':Processes =and.equipment employed and goods processed or
:. 'sold shall :be limited to.those which are not objectionable
.beyond the boundaries of the District by reason of offen-
i:. sive odors, dust, smoke or gas.
2: Waste disposal shall be by a method or methods approved by
the State Pollution Commission.
.3. No use shall be, permitted if it results in industrial noise
above five (5) sones as measured at the outer boundary of
this . distric t :
4: Necessary public rights -of -way shall .be dedicated to the
publiceither as a portion of a plat or upon acceptance of
street dedication by the Tukwila Town Council,..
-.5. To protect the abutting contiguous uses, a protective strip'
of land bordering the external boundaries and. along any
frontage...on. public rights -of -way and 'devoted to the . planting:::
cultivation, growing and maintenance of sight- obscuring
..trees, shrubs and plant life shall be established and main
; stained The maintenance guarantee of such protective strips
and the planned landscaping of the site. may be. to
the,Town of. Tukwila in a reasonable amount'if required by'
the Tukwila Town- Cbuncil In lieu of such protective strip.,:,
under appropriate circumstances, there maybe substituted
a.use classification of the•outer margin of this District
consistent with'or not objectionable to the use classifi-
cation of•the peripheral area.
6 . Outdoor storage facilities shall be obscured by an approved
architectural screen or buildings specified on the plot plane..
and approved by the Planning Commission-. .
7: A plot and building plan showing compliance with the pro
visions herein stated and consistent with the amenities of.
the land use shall be filed with the Planning Commission,
and the building permit application . shall comply with: this
approved plot plan:
•
( ,•'
HEIGHT, YARD AND AREA REGULATIONS
1: Structures shall not exceed thirty-five (35) feet in height-
and/or three (3) stories except that when the site exceeds
five (5) acres the height may be raised one (1) additional-,7,
story'for each additional two and one-half (2-1/2) acres
within the site area boundaries when specifically approved
by the Council upon recommendation of the Planning Corn-
mission in accordance with the following standards: .
a. In. accord with Civil Aeronautical Administration standarda
b. - Adequate provision for ultimate off-street parking needs.
c. Consistent' with the architectural amenities of the
abutting structures.
2.:,Outdoor storage . facilities shall not exceed twenty (20) 'feet.,
in height unless screened from the abutting publicthorough
-fares normally .open to public use.
3. The minimum setback from all publicly used rights-ofway, '-
shall be adequate to provide a park-like atmosphere, and at
least fifty (50) feet. The same to be clearly set out in
the plot and building plan and upon the building permit
application when filed.
3; Off-street parking shall be provided as stipulated in ;
Section 4-20 for industrial buildings.
a. An off-street loading space, having access to ,a public
thoroughfare, shall be required adjacent to each business
building, hereafter erected or enlarged, if the use of
such building entails deliveries to it or shipments from'
it, and such loading space shall be of adequate size
accomodate the maximum number and size of vehicles simul:-
taneously loaded or unloaded, in connection with the:L:
• . business conducted in such building. No part of the truck.
or van using the loadf.ng space may project into the public
right - of '- way.
ARCHITECTURAL CONTROL f'
The Town:Planning Commission, together with the Town Council
• - shall sit as a Board of Architectural Review, It shall beZ,
the duty of this Board to protect and preserve thenatural
beauty and charm existent in and inherent to these and peri
pheral properties:: They shall thus preserve and promote - the
health, safety and welfare of the town residents.
• 1: Al]. applications for building permits of a structure,..nd
the plans, site plans, elevations, and landscaping plans
thereof shall be in duplicate and shall constitute appli-
cations for architectural control review. Upon filing of
such application or copy thereof with the Town Councii
one copy shall be delivered to the Commission for its appr9Va.
as to the character thereof or its recommended changes or
alterations within the spirit of this paragraph ordinai:,40
• • •
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4-12
DISTRICT C-M - INDUSTRIAL PARK
. • -
' • • • •
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 -16 .
PLANS OF PROPOSED BUILDINGS AND
COMPLETION AND RESTORATION OF EXISTING BUILDINGS.
Nothing herein contained shall require any change in any exist.:
ing building or structure or in the plan, construction or
designated use of a proposed building or structure, which would
conform with the zoning regulations then in effect, and for
which a building permit shall have been issued, and plans for
which are on file in the office of the Planning Commission prior
to the passage of this chapter or to the passage of any amend-
ment thereto, and the construction of which building or struct
ure ::shall have been started within six :(6) •months'of the date
of building permit and diligently prosecuted to its com
`pletion. Delay due to strikes, floods, and acts of God shall
be. reason for extension of this time by the Planning Commission._
' �.
.+
•!•:::
•
• :••
• CHAPTER 4 - LAND USE DISTRICTS
SECTION 4-17 '
HEIGHT, YARD AND AREA EXCEPTIONS
•
The regulations and requirements as to the heights of buildings,
the area of lot which may be occupied by buildings, front yards,
side yards, rear yards and other regulations and requirements, as
established in the foregoing sections of this chapter, shall be
subject to the following exceptions and additional regulations:
• a. The area required in a yard at any given level shall be open
from such level to the sky, unobstructed, except for the
' ordinary projections of skylights and parapets above the
bottom of such yard, and except for the ordinary
of window sills, belt courses, cornices, chimneys, or chimney
foundations,. buttresses, eaves and other ornamental features,.
• to the extent of not more than four (4) inches into a minimum
court, nor more than two (2) feet into a minimum required'yard,
. Parapet walls and false mansards may extend not more than'
eight and one-half. (8-1/2) feet above the height limit-. No
such extensions will be permitted in Districts R-1, R-2 and
R-3. Flagpoles, chimneys, cooling towers, electric display
signs, elevator bulkheads, belfries, penthouses, finials,
gas tanks, grain elevators, stacks, silos, storage towers, .
observation towers, radio or television towers, ornamental
towers, monuments, cupolas, domes, spires, standpipes and
necessary mechanical appurtenances, where permitted, may be
erected as to height in accordance with existing or hers_
after adopted ordinances,
•
c In Districts R-1,.R-2,R-L3,R-4, C-I ,and public
semipublic buildings.such as hospitals, hotels, Churches;
sanitariums or schools; either public or priVate,.w4ere
permitted; may be erected:to, a •heightnot:exceedingfseventy
five:,(75) feet, providedthat:suchbUildings
backone (.1) additional foreach'additiOnai
foot that such buildings :exceed •theSpecifiedheightjimit,
as established by the. regulations in the district in which
suchtuildings. are situated, .
d. No building or structure shall be erectedwhOSe':r6o-
chimney or topmost structure or portion of structure shall
intrude into an approach zone of an airport.
. -•,_ •
• •
. • • -
e: Subject to the provisions of this chapter, the"Plannt4g
Commission may, after public 'notice and hearing, and subjeCt.,
to conditions and safeguards that will protect the appropria
use of neighboring'property, permit the erection :of a buildk
ing or portion of a building to a. height in excess of the
....,. -
limits prescribed in this section:and paragraph above:
• . . _ . ..• . . ...••••.. .
• , , „ . ... ..
•
• . • " • • . .." • ."
-
•
„ • -
-;%
f.. Prior to final action in such matters', the Planning Com- ,
mission shall request a report from the Aviation Department
or other departments which may be interested or affected
with reference to the possible effect of such height limit-
ations,
• In Districts R-1 to R-4,inclusive., where the frontage upon •
the same block is occupied or partially occupied by a build-
ing or buildings with . front yards, some or all of which are
.• of less depth than required by this chapter, or where the
topography of the ground is such as to make compliance with
the front yard requirements impractical„ the Commission may
.permit such modification of the front yard requirements
applicable to the remaining frontage upon the same side .of -
• such street within the same block as is consistent with:the
front yards already established.:
h. In Districts R-1 to R-4, inclusive, where the frontage tipOn
the same side of the street within a block .is occupied or
partially occupied by a building or buildings with front
yards, all of a.. greater depth than required by this chapter,'
no other:lot on the same side of the street within the same
block shall be occupied by a building with a front yard of
less depth than the least depth of any such existing front
• yard, except after - a hearing and permission by the Commis--::
sion, and except where a recorded . plat has been filed. est-
ablishing front building lines or front - yard requirements ,
which are of equal or greater depth than the depth required.:
• by this chapter, any building may be built to these estab-
lished building lines or front yard requirements...'
1. .In Districts R-1 to R-4, inclusive, the side yard 'regulations
on corner lots 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 of not less than ..fifty' (50),..,pexi:Cent of•:
basic front yard requirement as given under :theSrard:,:regu-'
lations for that district for the lots in the rear of
corner lot; provided further that this regulation shall' not:'S
be so interpreted as to reduce the buildable .width of a
corner lot in separate ownership at the time the passage`
of this chapter to less than twenty-eight (28) feet, subject
to providing the normal minimum: side yards. ' •
• j. Between a building line and a front lot line, an unenclosed..
porch or balcony extending not more than ten (10) feet into
the front yard, a terrace garage,' a cornice, steps to the
first floor level, a fence, a retaining or boundary wall, •
a balustrade or garden ornament may be erected,
• 1.“ An open fire escape may project into a required side : yard. no
more than half' the width of such required side yard nor more than eight (8) feet into a.required rear yard. . A -fireproof
outside stairway or solid-floored balcony to a fire tower ma
project not more than four::(-4):,feet into a required :',rearyar
57:
•
HAPTER 4 - LAND USE DISTRICTS
SECTION 4-17
HEIGHT, YARD AND AREA EXCEPTIONS
. • CHAPTER 4 - LAND USE DISTRICTS
SECTION 4-17
• HEIGHT, YARD AND AREA EXCEPTIONS
. .
1. terrace garage shall be allowed in a front or side yard,
provided it is completely recessed into said terrace, and
that the height, of the terrace is sufficient to cover and
conceal such structure from above. It is furthermore pro-
. vided that the doors, when open, shall not project beyond the
. property line. The front of the garage shall be at least
four (4) feet from the lot line,
in.. Where an official line has been established for future widen-
ing or opening of a street' upon which a lot abuts, then the
,- • width of a yard shall be measured from such official line to
the nearest line of the building.
. . .
Dwellings may be built in groups, about a place or.court„
with..buildings backing upon a side lot line, provided that:
1. The side yard of the lot shall be increased by one(1)
foot for each dwelling unit abutting thereon.
The width of the place or court shall be not less than
• . 'three (3). times the width of the side yard as required
in this provision, provided that open,unenclosed porches
may project into the required place or court not more
than twenty (20) per cent of the width of such place or
court.
. .
3, Where a roadway is provided in the place or court, the
width allowed for such roadway shall be in addition to
that required-above.
4, A minimum'of ten (10) feet shall be required between build,
O ings in the group. .
5..All other requirements including front, side and. rear yards
of the lot shall be complied with in accordance with the
district in which such dwellings or apartments are located...
6. A dwelling may be erected on any area of land •',.
vacant and in separate ownership at the time of the passage •
- of' this original. ordinance, and containing less area than
frequired to house one'fatily in the district in which it
. located, provided the front, side and rear yard - requirements .- *-
of this chapter are met.
- • •
•,• . ... .•
. _ ...
. . . .. , ..
. . . . . .
. _
p.:For-anybuilding used jointly for business and residence
. ...,,.
purposes, or industrial and residence purposes, the number.-
• .
of families permitted by the lot, area requirements per family
. ._ shall be reduced in the same proportion as the floor area ..•
• devoted-to.business or industry bears to the entire floor
area of the building, provided that the floor area below the .'',.. .
.first floor of such building shall not be included in any, ;,-',.-**:
calculation under this provision,
q. For any building providing jointly for hotel and apartment
house maes, the.number of families permitted in apartments
by the lot area requirements per family shall be reduced in .
the same proportion as the total floor area devoted to hotel
or nonhousekeeping rooms bears to the total floor area
devoted to both uses,
•
-•
CHAPTER 4- LAND USE DISTRICTS
SECTION.:4- 18
GROUP. HOUSING
. .
Developers of. group housing projects must'submit their plans to •' -- "
the Town planning Coitission for7study. The Commission shall. hold
a public hearing and shall make recommendations to the Town:..
Council for its consideration and determination: The developer. ' :::'
shall pay the same fees as are required for applications for changes
in..f.zoning and for appeals. :- _ _ . , ..
. .
.
. . .
. .
The4ommission.shall apply the requirements of this chapter to the
housing project as a whole in such manner that will insure sub-
stantially the same character of occupancy, maximum intensity of
useand minimum.standard of. open spaces as permitted by this
chapter in the district in,which:the,proppsed.project is to .be
located. - -
.•
IncOnsidering.the project, the Ttwn.'Council'shall, in no case,.!..:
authorize a use prohibited'in the-'district which.the housing .
project is to: located,:exceptthat buildings for administration
andAmintenance of the project may be included; nor a building
height in excess of that permitted unless the total amount of .floor,
area �f the proposed building is equal to or less than the total
floor area permissible under the height'and yard regulations:for-
the district. The basement:area shall not be-included in this cal
The ..Town Council may permit .a variation in the normal
position ofa, building on. :a. lot, providing the minimum distance
between a building and a street line shall comply with the front
yarcLrequirement of the district... No point of any building
benearer than ten (10).:feet•from an adjacent building. The
CoMmission may:Tequire such additional restrictions and safeguards
asthey necessary to fulfil]. the purpose•and.intent of the
Zoning Ordinance.
AmPIeopenspace„ with a,minimum,dimension of:twenty '(20) feet
.shall provided for recreational space, out-door-drying yards,' greenery,'etc..in addition for, Off-street parking
Parking' regulationsshalI.be.:6.6Provicied:Tor_in Section 4- H
Afq)erMiifora: project shall be issued by the
TOw44ouncil upon approval of the project by the
PIanningCommission:
•
•
• •,
. ,
The owner or owners of any tract of land comprising an area
of twenty (20) or more acres may submit a plan to the Town Coun-
cil or Town Planning Commission for the use and development of
this land for mixed dwelling purposes in an R -1, R -2, R -3 or
R -4 district. If submitted to the Town Council, it shall be re-
ferred to the Town Planning Commission for study. The commission'
shall advertise and hold a public hearing.
After the public hearing by the Planning Commission, the plan,':
.together with the recommendation of the Planning Commission, shall
be submitted to the Town Council for consideration.
The considerations for approval and recommendation:by the Towri
Planning Commission shall be that:
1. The property adjacent to the area included in :the plan
not be adversely affected.
2. The plan is consistent with the intent 'and purposes of
this chapter to promote the health, safety, morals or
general welfare of the Town.
3. The buildings shall be used only for single - family dwell-
ings, duplexes, three and four - family dwellings, converted
dwellings, row houses, or apartments and the usual acces-
sory uses such as garages, parking areas, storage space,,
administration buildings and community activities in-
cluding churches.
CHAPTER 4 -,LAND USE DISTRICTS
SECTION 4 - 19
COMMUNITY UNIT PROJECTS
If the Town Council approves. building permits ands
certificates of occupancy may be issued even though the use .of
land and the location of the buildings to be erected and the yar
and open spaces contemplated by the .plan do not conform in all'•c�,
respects to the regulations of the district in which the develo
ment is located.
4. The average lot area per family and the average. minimum
yards shall not be less than those . required.. in :.the dis-
trict where the development." is located. °.:
4L.1.
Provision shall be made for 'sufficient utility easements.,
CHAPTER 4 - LAND USE DISTRICT
SECTION 4 - 20
OFF STREET PARKING AND LOADING REGULATIONS
PARKING FOR ONE TO FOUR- FAMILY DWELLINGS:
The off - street parking spaces, as required by this section,
shall apply to new structures only, or to units or additional
assembly areas to be added to an existing structure.
Existing buildings or structures may provide off - street
parking, must comply with the requirements of this section
as to the location and construction of the parking space for
such type of structure. However, the full compliance with the
number of spaces required need not be fulfilled.
Any off - street parking area already in use or established .
hereafter, shall not be reduced below the limits required by
this section by the construction of any addition. to a building
or structure nor by the erection of an additional building or
structure on the property.
.
For all one, two, three or four- family dwellings hereafter
erected, or for any buildings converted to such use or oc-
cupancy, provision shall be made'on the premises, in the
side yards and /or rear yard only, or in a community garage,
for the parking of passenger motor vehicles for the use of
the occupants. Such parking area shall provide space for
one passenger motor vehicle for each family unit. No trucks :
shall be parked on a lot in a residential zone, except for
deliveries.
For any residence having roomers or boarders; and for board
ing and rooming houses, provision shall :be'made.in the side '.
yard and /or rear yard only, for one parking space for each,;;_.
two (2) boarders or lodgers,.: in addition oto - the requirements,`::
above for one, two, three andfour- family dwellings.
PARKING FOR APARTMENTS:
1. NEW STRUCTURES,,
On -site facilities for the storage or:.parking of pass
enger motor vehicles for the use of the occupants of
apartments shall. be provided or maintained on :the basis
of two spaces for each three units, or fraction thereof;;:
provided, however, if the Planning Commission and Town:
Council, .'after inspection and study, determines that..
the foregoing requirements cannot be fulfilled, they may
either (a) permit the required on -site parking spaces in`f
excess of one parking space for each two units to be loc.
ated on vacant land or in a. garage, provided they are ...
located in an apartment zone or business zone within. :ne -:.:
thousand feet of the new structure, or (b):if no vacant.
land or garage is available within the above limits the
may waive all parking requirements in excess of one on-
site parking space for each two units.: The Commission
may permit exceptions, as provided in. Paragraph.3:.:
CHAPTER 4'- LAND USE DISTRICTS
' SECTION 4 -15
NONCONFORMING USES
A lawful nonconforming use, when discontinued or abandoned,.
shall not be resumed:_ Discontinuance or abandonment shall
be defined .as follows:
a When unimproved land used as a lawful nonconforming use
shall cease to be used in a bona fide manner for six
(6) consecutive calendar months:
b; When a building designed or arranged for a nonconform-
ing use shall cease to be used in a bona fide manner
as a lawful nonconforming use continuously for a period
of twenty - four (24) consecutive calendar months;
When. a blinding designed or arranged for a conforming
use shall cease to be used in a bona fide manner as a
lawful-nonconforming use for a period of. twelve (12)
consecutive calendar months:
Upon evidence of hardship, the Planning Commission
shall have the power to extend the above time limits
not to exceed six (6) months.
5; Nothing inthis chapter shall prevent, within a period of
six (6) months. from the date of the destruction, the secur
.ing of a permit for 'the re toration of a nonconforming
building not more than seventy- five•(75) per cent destroy -
.ed by fire,explosion, act of God or act of the public enemy;
The determination.of :whether a building or structure is
.:seventy -five (75) :per cent.destroyed shall rest with the
Town Council;
6:. . Nothing7inthis'section ' shall be interpreted as authoriza-
:tion foror approval of the continuance of the use of a
buildingorA3remises in violation of zoning regulations in
. effect: at -of `.the.effective date of this chapter:
.. or of any amendment . thereto . •
�;
- . -::CHAPTER 4 - LAND USE DISTRICTS
SECTION 4-15
NONCONFORMING USES
A nonconforming use existing lawfully at the time of the pas-
sage of this chapter may be continued.except as hereinafter
provided:
1. The lawful use of a building or structure, at the time of
the effective date of this chapter, which is designed for
a nonconforming use, shall be permitted to continue for -
the usable life of the building or structure and the law-
ful use of a.building or structure which becomes a noncon-
forming use by.reason of a subsequent change in zoning shP-11
be continued: for the usable life of the building or struc,
ture except as provided hereafter.
2: When a building: in a certain district is occupied by or .:.-,.
_
designed use which is classified in that district,
butdoes•not conform to the distance requirement from a • :'
-•
of a building, which portion was arranged or designed for
such legal nonconforming use at the time of the passage of
this chapter shall be permitted, provided no structural ....: •.• --:-;:
alterations are made; ' :•-,-
A building or designed for or devoted to a law-..
ful'nonconforming• use at the time of the passage of this_ :.•
chapter. may:not:be extended or enlarged or structurally •:. '
altered unlessthe of such building is changed.to a
conforming use, or except by special permit the Plan-
ning in case of evident hardship. Such exten---
sion shall.not exceed (25) per cent of the
ground'area of. the original building: •.
• • .
. ..•.... .. - - - • --- - .:. - . • . • ;-:-- :•
•
4, klaWful:nonconforming use of a building may not be chang-.
ed-unless:changed. an equal or a higher (more restricted)
use,,:. lawfulHnonconforming use is changed to a higher.
(more restricted)T.nonconforming use it' may not thereafter
be changed unless to an equal or to a still higher non--
. conforming use or to a conforming use;
• For the pUrposes'of this chapter, a nonconforming use shall:'
. . ..._ f . .
be deemed be changed to an equal or a higher more re-
stricted). use.When_the use to which such nonconforming
' use changed is a use included in the same district clas-' •
sification.or in a district classification preceding the
district in the arrangement of districts in
• this chapter., .-Hy. •
A:lawful•noncOnforming use if changed to a conforming
. .
may not thereafter be changed back to a nonconforming
. . ...
. •
Buildings or structures uses which are accessory tco:
permitted in : one district shall not be permitted' in a: d
of a higher classification.'.
or substations'
SECTION 4 - 14 '
GENERAL .ACCESSORY. USE PROVISIONS:° ==
A driveway or walk to provide access to premises •in'commerciah
districts and industrial districts shall not be. permitted. in;
residential districts, exce t on a roval.b the.:Plannin ` "'
p P Pp Y
Commission after a'public hearing,;when an:undue hardship.'can;1
shown and the driveway will not adversely affect the use of •
neighboring, property.
(
CHAPTER 4 LAND USE DISTRICTS
SECTION 4 - 13
SPECIAL CLASSES 0V USES
The following uses may be located in any district (where other-
wise not permitted) ,by special permission of the Planning Com
mission under such conditions as the Commission may impose and::'.,
after public hearing, provided that in the judgment of the
Commission such use will not materially injure the appropriate
use of neighboring property, and will conform to the general intent:.;
and purpose of this chapter, including the necessary off-street
parking and loading' facilities for such uses:
1. Amusement parks and armories in other than R -1 districts.
2. Aviation fields and. airports.
3..Beauty shops, in other than R -1 districts, and limited to .a'
single operator,with no assistant and no advertising ,sign.
11.. Carnivals,. circuses, fiestas and street: fairs..
5. Commercial'baseball . or athletic fields, race tracks, or" fair;'
grounds in,other. than R -1 or R -2 districts..'
6:;•Cemeteries, burial grounds, graveyards, mausoleums or:crem -:
atories for -.the. disposal of human dead. Animal burial grounds
7." Convalescent, nursing, baby and old folks-I homes.
8..Drive -in theaters in other than R -1 or R -2 districts.
9. Golf driving ranges,
10. Gun clubs, skeet shoots and target ranges.
11. Hospitals,.sanitoriums, philanthropic and eleemosynary
or institutions
12. Institutions.for.the care of :the feeble minded, insane
alcoholics, and penal or correctional institutions.
13, Miniature cars and trains. •
14." Quarries, .mines, sand 'or gravel.•.pits or excavations :for.:the.
• purpose of. removing, screening, crushing, washing or storage;
of .ore,, clay, stone, gravel or similar materials; provided,:::
however, that :no permit shall •be.issued until and unlessth
• site location. and plan of operation, including.necessary
structures, have been submitted to and approved in writing
by the Commission, which'permit shall.be for:atlimited...perio
of time not to•exceed five (5)
•15;.Radio,: television,:..facsimile, frequency modulation,or
servation stations.: and: towers::.
16. Refuse dumps...
17. Riding stables. and :tracks.. ,
18. Sewage refuse or garbage disposal plants. •
19. Telephone exchanges, public:utility .stations
20. Tourist' cabins, trailer camps, or- motels,',•
•
21. Water towers and water supply plants..
The portion • of the paragraph in Section 4--15, on 'rnorncor forming._'::
uses applying to the changing of a nonconforming use to a same:'
or higher nonconforming use does not apply to the special
uses listed in this section.
CHAPTER 4 LAND USE DISTRICTS
SECTION 4 -12
:: DISTRICT C -M - INDUSTRIAL PARK
rip i i• .i l ii „
)
,,,,-. ,
,-','.!
-:: ,
2. CONVERTED STRUCTURES.
CHAPTER 4 - LAND USE DISTRICT
SECTION 4 - 20
OFF STREET PARKING AND LOADING REGULATIONS
On-site parking areas are to be in a side and/or rear. .
yard only; and the area shall be developed in accordance
with the provisions for a customer parking lot.
.No trucks shall be parked on a lot in an apartment zone
except deliveries.
•
• •
The on-site parking requirements for existing structures,..
which 'are being 'converted to five or more:family'occup-
ancy:or-to apartments or structures in which additional
unitsare being added, shall be one space for each addi-
tional_unit,.except that where insufficient land is . •
available to provide the minimum on-site parking
ties,' the.Planning Commission, upon a proper showing by • .
an applicant, may vary waive such parking require-
ments,
ot make exceptions as•provided in Paragraph_3.,
3. EXCEPTIONS.
The Planning Commission may make an exception toJany Of
the above requirements upon a showing by.an'aiTlicant.
of any unnecessary hardship or practical difficulty con-
stituting_an unreasonable deprivation of use, as..dis-
tinguished from merely granting .a privilege. Before
grantingsuch exception the Commission.shalLdetermine
a. That the proposed parking spacewill•be.readilyiacces-
sible-to the apartment dwellers. • Y:
•
. .•c.,
b. That. the proposed location is within the same.'bloCk
as the building site, or.is'on the oppositef:sideof
thestreet from the site and withinthe,neatest-in-
tersecting streets. • •';‘-
c. That the•distance from the'nearest point of the bui1dL.
ing the nearest corner of thepropoSed•:park
.ing
space is. less than five hundred .(500) feet;-•
• • .
d. That the location of the proposed parking space.wili
not be more detrimental to the adjoining and
ing than if used for the same purposeb:vthe
owners thereof.
. .
PARKING FOR PLACES OF PUBLIC ASSEMBLY:
1. Every structure or part thereof hereafter erected, or
for any building converted to such use or ,oCcupancTtoHH
be used principally as a place of public assembly or for:,
any addition thereto, there shall be provided and
tained on the premises accessible . off-street_ parking
space for the storage of passenger motor vehiclesi..as
'indicated below.. The parking spaces shall be .located
and constructed in:accordance with the provisionsfor.
customer,parking.lots„
•
•
• • ; ••' •
•
•
CHAPTER 4 - LAND USE DISTRICT
SECTION 4 - 20
, OFF:STREET PARKING AND LOADING REGULATIONS
For:Churches - one space for each seven (7) persons..
For Theatres - one space for each four (4) persons.
For Dance Halls, Skating Rinks and similar recrea-
tional uses - one space for each four (4) persons. .
For Funeral Homes ; one space for each four (4) persons.
For Other Places of Public Assembly. - one space for,
'each five (5) persons. '
.2. METHODS OF. COMPUTATION.
For Churches: ....In computing the number.of'parking spaces
required, the number of persons shall be all persons
present at any one time when the maximum functional use.
of. the church plant (principal church structure and all
accessory buildings) is being made. .
Where.a conversion or expansion of a church structure
accomodates persons already provided for in the original:
structure and•there is to be no increase in maximum'func-
tional use, no additional parking space need be provided.
In determining the maximum functional use,`the seating
capacity of the chapel, auditorium,. sanctuary and class
rooms, and the capacity of areas devoted to educational
and.recreational'uses within'the. church plant; or addi:;
tion to be constructed, shall be included..
In respect. that portion of church buildings devote
to education, either that portion.: used for general:
assembly of classes,.including departments;.or :the::
classroom seating capacity, 'whichever is greater, tt;
not both, shall be used. For the portion but used for .;. r'e-
creation an area of seven square feet of floor
person'shall govern..
For Theatres: In` computing the number of. : parking spaces.
required, the number of persons determined
the audience seating capacity of the theatre.:: .;.';
For Dance Halls, Skating Rinks and similar:recreationa
uses: In computing the number of parking spaces re
quired, the number of persons shall be determined
the net floor area in square feet of the . room •or ;space, ';
used for such. purpose divided by seven. ::;'' ::
For Funeral Homes: In computing the number..of':parking:
spaces required, the number of persons shall.bej.deter
mined by using the net floor area in.square feet of all
rooms used for services and dividing by seven. :These
spaces will be in addition to any spaces provided for
residential. use, employee parking and service vehicles,.
PARKING FORAJOSPITALS,.CONVAIESCENT HOMES OR INSTITUTIONS:''
For alIhoSpItalsj philanthropic or eleemosynary institutions
hereafter erected or for any buildings converted to such use
or occupancy, provision shall be made for the parking of motor
passenger'vehicleson the premises. One parking space shall
be providecUforeach•three hospital beds (less bassinets).
For all convalescent homes hereafter erected, or for any build
ings converted.to such use or occupancy, there shall be
pro-
vided on'the premises one parking space for each four(h) pat-7
The Planning Commission may vary any of the above requirements
after a public hearing, under the same limitations as are
vided for places :of. public assembly. .
PARKING FOR GROUP. HOUSING PROJECTS AND COMMUNITY UNIT'PROJECTS::
Group housing projects and community unit projects shall pro-
vide off-street parking as required by this section for.the
- type of buildings to be constructed.
• - , - ,
3. EXCEPTIONS.
OFF STREET PARKING AND LOADING REGULATIONS
For Other Places of Public Assembly: In computing the
number of parking spaces required; the number of persons •
shall be determined by the audience seating capacity or . —*-
by the net floor area in square feet Of all rooms used
for assembly, divided by seven, whichever is greater.
The Planning Commission may vary, waive, or *make exception -. .--•
to any these requirements after a public hearing, If ..::.:'.
undue hardship in complying with any of the above provi-
sions is ; In passing upon a'variance or exception.
the Commission shall be limited to the following condi-
tions:. ... • . - , _
. - - .,-
. . ...: ..
•
a. That the proposed location of the parking facilities
• shall be within the same block as the structure to be
used for public assembly, or on the side of --
the:street or alley from the building sites, and within
•the.nearest intersecting streets, except in a C-1 Dis-
trict and in the industrial districts, where it shall
be within one thousand feet,on premises zoned for busi-
ness or industry. -•
b. That the distance from the nearest point of the build-
'Hing site to.the nearest point of the parking facilities
is less than five hundred feet, except in a C-1 District
.•.
c.That the location of the parking facility will not
dUly adversely affect the use of the neighboring pro-
• „
• • • L. • • ' • "
" • . • .
CHAPTER 4 - LAND USE DISTRICT
SECTION 4 - 20
•
• •
CHAPTER 4 - LAND USE DISTRICT
SECTION 4 - 20
OFF STREET PARKING AND LOADING REGULATIONS
These requirements for off - street parking may be changed, re-
duced or waived by the Town Council. Before taking action upon
any exemption, modification or change of said off - street park-
ing requirements, the same shall be referred to the Town Plan-
ning Commission for its recommendations and reports. In con -
sidering the matter, the Council shall not authorize'a waiver,
modification or change of off - street parking, unless the fol-
lowing findings are made:
a.• That the waiver, modification or change will not create
a traffic hazard to public safety.
b. That street parking is provided on interior streets:
which do not serve through traffic.
c. That this street parking shall be on additional paved'
space, constructed to 'Town specifications, which will
allow ample room for curb parking, in addition to the
width required for one moving lane of traffic in each
direction.
d. That the waiver, modification or change will not inter -
fere with moving traffic in the involved area.
PARKING FOR OFFICE AND PROFESSIONAL BUILDINGS:
All office and professional buildings hereafter erected,.and .:
all buildings converted to such use or occupancy shall provide
on the premises one parking space for each one thousand•.(1,000)
square feet of gross floor area, except basement.space and
other areas within the building used for parking cars,
District C -3, within one thousand (1,000) feet, on premises ;;
zoned for business or industry.
The Commission may vary any of these requirements as i
vided for places of public assembly.
PARKING FOR BUSINESS OR COMMERCIAL BUILDINGS:
All retail business or commercial buildings hereafter erected,.
or any buildings converted to such use. or occupancy, 'except in'
a C -4 District, shall provide one off - street parking. space fore'.
each four hundred (400) square feet of gross floor .area or
fraction thereof, except.basement space, and other "areas_within:
the building used for parking cars, for'each business or commer-
cial establishment within the building. Such parking space
shall be provided on the.premises or within one thousand ,(1000
feet, on property zoned for business or industrial purposes,.;
or approved by the Planning Commission.
The Commission may vary any of these requirements as is,pr
vided for places of public assembly. .
•
Number of
Spaces
Number of
Spaces
.. • ' • . -
: CHAPTER 4 .-- LAND USE'DISTRICT
SECTION 14 - 20
•• •
. „
OFF STREET PARKING AND LOADING REGULATIONS
SQUARE FEET OF GROSS FLOOR AREA (Except Basement Area):
Buildings for Retail and Department
Store Use, Manufacturing, Storage, etc.
. . .
. , •
1 , 3,000 to 25,000 (excl.)
2 • .:.25,000 to 85,000
....:..:-•:- 3 '' '. 85,000 to 155,000
4 155,000 to 235,000
235,000. to 325,000
6 ' 325,000 to 425,000 : ..
.. ,
Tr'-i 425,000 to 535,000
8. '::.:.' , -.:' :.'; 535,000 to 655,000.
1 • •
• : 9 ..:'-' . : - 655,000 to 775,000
• : —...'. :.,. 775,000 to 925,000
. . ,. ,: . .. •
Office Buildings, Hotels, Hospitals, .
And Institutions
1 ,. - •-:.: _ 3,000 to . 100,000 (excl.)
2 . ' 100,000 to 335,000
3 335,000to 625,000
'4 '•.': to 945,000
5 9115,000 to 1,300,000
6 . .- 1,300,000to 1,695,000
7 . ..:!,...,. '
1,695,000 to 2,130,000
8 '. 2,130,000 to 2,605,000
9 '.::-.. - 2,605,000 . to 3;120,000
.10. ...,.• , . -,•• ,- ' : 3,120,000 to 3,675,000 . ‘..:.-.. ,
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• •
. „ .
S '• • . • . •• • •
:•• • • -
•
• •.•
These requirements may be reduced by the Planning
upon appeal:and after hearing, where the. Commission finds that
such reduction will not result in injury to neighboring pro-
perty nor obstruction of fire lanes or traffic and will be in
harmony with the and intent of this section.
.,,• •
• •.: .
SECTION 4 -22
PUBLIC NOTICE OF HEARING
CHAPTER 4 - LAND USE DISTRICTS
SECTION 4 -21
.APPEALS.FROM DECISIONS OF THE
TOWN COUNCIL
Any person or persons jointly or severally aggrieved by any de -.
cision of the Planning Commission, or any office, department,
board or bureau of the municipality, may present to the Superior
Court of the county in which the property is situated a petition,
duly.verified, setting forth that such decision is illegal, in
whole or in part,. and specifying the grounds of the illegality;
Such petition shall be presented to the Court within thirty (30)
days after the filing of the decision of the office of the Plan-
ning Commission...
Public notice of any hearing as required by state law or this Qrd=
inance shall. be deemed to have been given when a notice setting
forth she general purpose of any such hearing and the time and
place thereof shall have been published at least one (1) time in
the official newspaper doing the city printing, at least fifteen
(15) days before the date set for such hearing. Public notice of
one or more hearings may be included within the same notice.
SECTION 4 -23
PURPOSE, INTENT AND INTERPRETATION
In•the interpretation and application of the of this'-Ord
inance , sucl . •::ovisions shall' be held to be the minimum require -•
ments adopted.A.ur :the :promotion of the health, safety, morals,,
or the general welfareof the community, It is not intended by.
this chapter. to repeal, abrogate, annul, or in any way impair or-
interfere with any existing provisions of law or ordinance or any:
rules cr, regulations previously adopted pursuant to law, relating.
to the use of :buildings or land,.nor is it intended to interfere.
with or abrogate or any easements, covenants or other
agreements between_parties; provided, however, that where this
chapter imposes. a greater restriction upon the use, erection,
alteration or extension of buildings, or use of land, or upon.
the number of square feet of lot area per family, or where the
yard or building line requirements are more restrictive than the
requirements imposed by, such existing provisions of law or ordin
ance, or by such rules or regulations or by such covenants or
agreements, the provisions of this chapter shall control.
A
:CHAPTER 4 - LAND USE DISTRICTS
SECTION 4-24
AMENDMENTS
1. The Council may, from time to time, on its own motion, or on
petition or recommendation, after due public notice and hear-
ings thereon, at which hearings,parties in interest and citizens
shall have opportunity to be heard as provided herein, amend,
change, modify or repeal regulations and restrictions as est-
ablished herein, and may change, restrict or extend the
boundaries of the various districts established herein. Before.:
taking any action upon any proposed amendment, modification, .
change, restriction or- extension, or change in the maps or text
of the "Zoning Ordinance", the same shall be referred by the
Council to the Town Planning Ommission, which Commission,
after due public notice and hearing, shall submit a report to
( the Council containing its recommendation thereon.
2. In the case of a protest against any zoning change, duly signe
and acknowledged by the owners of ten (10) per cent or more,
either of the areas of the land (exclusive of streets and ,
alleys) included in such zoning change or within an area de-
termined by lines drawn parallel to and one hundred eighty-five
(185) feet distant from the boundaries of the district proposed '
to be changed, such amendment shall not become effective ex-
cept by the favorable vote of a majority of all members
of the Town Council.
3. If, by amendment of this chapter, any area is hereafter trans;:..:'_
ferred to another district of higher classification by .a
change in the district boundaries, a building or use, lawfully
existing in such transferred area at the time of such amend
ment, may be continued in the district to which it is trans-
ferred as a nonconforming building or use, subject to .the PrO?!
visions of Section 4-15 of this chapter.
SECTION 4-25
• - REQUESTS FOR CHANGES IN ZONING:-:'
Any request for a change in zoning of any district or area, o f
any boundary lines thereof, as shown on the zoning maps (as
distinguished from a variance or modification, in d
case, of the application of any of the rules or regulations or
provisions of this chapter relating to the use, constructionor
alteration of buildings or structures, or to the use of landiL
because of practical difficulties or unnecessary hardships,
be submitted to the Town Planning Commission, The TownPlanning
Commission, upon payment to the Town of a $25,00 filingfee;:±and
after due public notice and hearing, at which parties in interest and citizens shall have an opportunity to be heard,. shall trans
mit its recommendation thereon to the Council. TheYCouncil, 111:
considering such reconunendation, shall give due public .notice
of hearing in relation thereto, at which parties in interest '
and citizens shall have an opportunity to be heard..
69 -
•
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