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HomeMy WebLinkAboutOrd 0251 - Standards and Regulations for Land Use (Repealed by Ord 1247) Cipi of Tuk Washington Cover page to Ordinance 251 The full text of the ordinance follows this cover page. 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. Ordinance 251 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 253, 274, 293, 300, 301, 307, 308, 309, 316, 348, 349, 363, 378, 432, 433, 438, 444, 447, 453, 458, 465, 466, 487, 489, 490, 491, 500, 506, 508, 514, 519, 520, 635 §4 -1 (part), §4 -8 (part), Ch 3 (part) 524, 533, 536, 567, 575, 576, 588, 606, 608, 635, 673, 677, 683, 712, 713, 736, 1247 737, 743, 831, 844, 967, 984, 1023, 1040, 1071, 1088, 1099, 1140, 1200, 1201, 1206, 1210, 1216, 1231, 1237 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 talo1, and is designed, among other things, to encodrage 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; to 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 -1- 7,2 One family residence 7,200 Sq,Ft, Min.Size Lot R -1- 9.6 One family residence 9,600 Sq.Ft, Min.Size Lot R -1 -12,0 One family residence 12,000 Sq,Ft. Min.Size Lot R -2- 8,4 Two family residence 8,400 Sq.Ft. Lot Size R -2- 6.0 Two family residence 6,000 Sq,Ft, If one family Or- 4,000 Sq.Ft, Per family R -3- 6,0 Three or four family Lot Requirements: dwelling: 6.000 Sq,Ft. One or two family, 8,000 Sq.Ft, Three family, 9,600 Sq.Ft, Four family, 1 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 4 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 19 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 -0 Educational, Research and 34 Office 4 -9 C -1 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 52 Provisions 4 -15 Nonconforming Uses 53 4 -16 Plans of Proposed Buildings 55 and Completion and Restoration of Existing Buildings 4 -17 Height, Yard and Area Excep- 56 ions 4 -18 Group Housing Projects 59 4 -19 Community Unit Projects 60 4 -20 Off Street Parking and 61 Loading Regulations 4 -21 Appeals from Decisions of 68 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 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 Cont d) 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 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- siors 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. 2 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 "0r intended, arranged or designed to be used or occupied 3 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 102 of its height or more than 5' below the adjoining finish grade. BILLBOARD. See Sign. CHAPTER 3. DEFINITIONS 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. 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. building nearest the BUILDING SITE. CELLAR. See Basement. CHAPTER 3. DEFINITIONS The line of that face or corner or part of a property line. See Area Site. CLINIC. A building designed and used for the medical,dental aid surgical diagnosis and treatment of patients under the care of doctors and nurses. CLUB. An incorporated or unincorporated association 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 ror 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. 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. ESSENTIAL USE. That use for the preserr:a :ion 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 716" 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 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 3: 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 8+ x 20' used to temporarily park a motor vehicle and having access to a public street or alley, PERMITTED USE. Any use authorized 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 planting of evergreen trees and shrubs which will prevent a through and unobscured penetration of sight or light. SORORITY. See Fraternity. STORY. That part 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 and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences, retaining walls less than 3' in height, rockeries and similar improvements of a minor character, STRUCTURAL ALTERATIONS. Any change in load or stress of the 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 designed for the occupancy of two or more trailers. YARD; An unoccupied space open to the sky, on the same lot 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 side lines. YARD, REAR. An open unoccupied space extending from the rear lot line to the nearest point of the roofed main building on the lot and including the full width of the lot to its side lines. YARD, SIDE. An open unoccupied space extending from the front yard to the rear yard and from the nearest point of the roofed main building to the side lot line. CHAPTER 4 LAND USE DISTRICTS SECTION 4 1 DISTRICT R -1 ONE FAMILY DWELLINGS 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 9,600 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. 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 b. On a parcel or tract of land entirely surrounded by streets or streets and alleys; or 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"! schools 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: 10 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,.such 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 for 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 set back 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 in 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. 3. 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- ing construction of buildings or sale of property, but not to exceed two (2) years, upon approval of the Planning Com- mission. 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. 6. 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 only by members of the immediate family, provided no window or other display or sign is used to advertise such oc- cupation,exoept one unilluminated name plate not to ex- ceed eighty (80) square inches, carrying the name and occupation, may be allowed. No clinic shall be allowed. b. 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. 12 CHAPTER 4 LAND USE DISTRICTS SECTION 4 1 DISTRICT R -1 -ONE FAMILY DWELLINGS 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): 7 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 thirty (30) feet: 3. SIDE YARDS: a; There shall be a :Side -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; e. Private dining halls, dormitories, printing presses, students' laboratories or work shops, playgrounds, athletic fields, stadiums, or other customary facil- ities ins 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 pl aygro and b. 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 case, there shall be aside 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 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 per cent of the area of the rear yard. 13 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 1,195$ this regulation will not prohibit the erection of a one family dwelling. The Planning Commission may modify this requirement in case of a hard- ship. PARKING REGULATIONS: As provided for in Section 4 -20 CHAPTER 4 LAND USE DISTRICTS SECTION 4- 1 DISTRICT R -1 ONE FAMILY DWELLINGS USE REGULATIONS: CHAPTER 4 LAND USE DISTRICTS SECTION 4 2 DISTRICT R -2 TWO FAMILY DWELLINGS 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. R -2 -6.0 Minimum size of lot for single family unit 6,000 square feet; Minimum lot size for each two family unit 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 (4) persons in a dwelling unit occupied as a 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 R -1. b All other limitations governing accessory uses in District R -1 shall apply to Districts of R -2 and its subdivisions, HEIGHT, YARD AND AREA REGULATIONS: In Districts R -2 -8,4 and R- 2 -6.0, 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; 14 CHAPTER 4 LAND USE DISTRICTS SECTION 4 2 DISTRICT R -1 'N0 FAI'IILY DidELLINGS 3. SIJYL YARDS: a. There shall be a side yard on each slat 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 ride yard shall not be less than four (4) feet and need not be more than eight (3) 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. 5. 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) feet 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 H ULATIONS: A_4 provided for in Section 4.2(1 USE REGULATIONS: 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 uses 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. Window or other displays or signs shall comply with the regulations for such accessory uses in District R -1, except that in this district an unilluminated sign, advertising lodging and /or board, shall be al- lowed, which sign shall not exceed eighty(80) square inches in size, c. Home occupations as defined in Section '4.2,2 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 FANIILY DOELLINGS 16 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 ?ots, 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, 4. REAR YARDS: CHAPTER 4 LAND USE DISTRICTS SECTION 4 3 DISTRICT R -3 THREE AND FOUR FAMILY DWELLINGS 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. CHAPTER 4 LAND USE DISTRICTS SECTION 4 3 DISTRICT R -3 THREE AND FOUR FAMILY DWELLINGS 5. 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 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. 6. LOT AREA: 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. PARKING REGULATIONS: 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: 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. 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. '19 CHAPTER 4 LAND USE DISTRICTS SECTION 4 -4 DISTRICT R -4 LOW APARTMENTS .8, Office buildings, to be used exclusively for the admin- istrati?e functions of a single organization, or by a single professional organization or society, after public notice and hearing and approval by,,the Planning Commission, when the property is in single ownership, and adjoins or abuts a business or industrial 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 the same block; 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 de- termine that there is ample off street parking space on the property commensurate with the proposed use, using as a minimum the amount required for office buildings in Section 41R), 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 the surrounding residential community. The Commission may place any additional restrictions or safe- guards necessary, in its 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, shall 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 Planning Commission: 10, Accessory uses customarily incident to the above uses, and located on the same lot therewith, not involving the con- duct of a business or industry as follows: a. Any window or other display or sign shall comply with the regulations for such accessory uses in District R -1, except that in this district an unilluminated sign, advertising lodging and /or board, shall be allowed, which sign shall not exceed eighty (80) square inches in size. b. 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. c. All other limitations governing accessory uses in District R -1 shall apply to District R -4. HEIGHT, YARD AND AREA REGULATIONS: In District R -4, the height of buildings or structures, the minimum dimensions of yards, and the minimum lot area per family permitted on any lot shall be as follows (for except- ions see Section 4_17): 20 CHAPTER 4 LAND USE DISTRICTS SECTION 4 4 DISTRICT R -4 LOW APARTMENTS 1, HEIGHT: Buildings or structures shall not exceed.three (3) stories and shall not exceed forty -five 045) 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. 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 C.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 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. 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 minimum mean width of a lot shall be fifty (50) feet, except that where a lot has a mean width of less than fifty (50) fQc and is in separate ownership on or before January 1,1958, this regulation will not pro- hibit the erection of a one family dwelling. Duplexes and multiple dwellings hereafter erected re- quire a minimum mean lot width of fifty (50) feet. 21 PARKING REGULATIONS: CHAPTER 4 LAND USE DISTRICTS SECTION 4 4 DISTRICT R -4 LOW APARTMENTS 6. LOT AREA No building shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area: a. For one- and two family dwellings, four thousand (4,000) square feet. b. For three family dwellings, including conversions, five thousand C5,000) 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 each family over three (3). d. For apartment houses and row houses, one thousand, (1,000) square feet per family. As provided for in Section 4 -20 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 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 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, orchards, 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 (21 acres, provided that all stables, barns, animal sheds or shelters shall be located not less than one hundred (100) feet from any property line, and further provided there shall be no feeding or disposal of garbage, rubbish or offal, unless a permit for such operation is issued by the Town Council, which permit shall be for a stipulated period not to exceed three (3) years, 4. Farms devoted to hatching, raising, breeding and marketing of chickens, turkeys or other poultry, fowl, rabbits, fur bear- ing animals, fish or frogs, on a tract,lot or parcel having an area of not less than five (5) acres. 5. Killing,butchering or dressing of livestock, fowl, fish or other animals raised on the premises, provided that such killing,butchering or dressing be done in an accessory building, which building shall be located not less than two hundred (200) feet from any property line, 6. Kennels, provided the buildings and pens shall be located not less than two hundred (200) feet from any property line. 7. Mushroom barns and caves. 8. Picnic groves, but not including any regular business or 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- duced on the premises. Display of one unilluminated sign not larger than sixteen (16) square feet in area, pertaining to to the sale, lease or identification of the premises upon which it is located, or to the sale of products raised thereon. -23- 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) stories 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 these limits. 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. 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 fifty (50) feet. b. The area occupiedby 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 AREA: No building shallbe 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 or width than required herein, this regulation will not prohibit the erection of a one family dwelling. 24 Land classified under this zone shall also be in either an R -1, R -2, R -3 or R -4 district. The following regulations shall apply to the R -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 been submitted to the Town Planning Commission USE REGULATIONS: CHAPTER 4 LAND USE DISTRICTS SECTION 4 6 ZONE R -P AUTOMOBILE PARKING 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 lieu of the uses permitted in paragraph 1. Areas developed for parking shall comply with the following conditions: a. The area shall be hard surfaced. 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 high, along the street side of the parking area and along any 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. HEIGHT, YARD AND AREA REGULATIONS: In Zone R -P, 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: The height of any building or structure shall comply with the height requirements of the residential district in which the R -P „one is situated. CHAPTER 4 LAND) USE DISTRICTS SECTION 4 6 ZONE R -P AUTOI'IOBILE PARKING 2. YARDS: 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 dis- trict in which the -P 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-of- way is eighter (80) feet or more. Where there are re- sidences in the same block or where the street right of -way is less than eighty (80) feet there shall be a setback equal to the front yard required by the Height, Yard and Area Regulations for the residential district in which this zone is situated. On a corner lot a setback of eight (8) feet is required 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 adjoin pro- perty used or zoned for business or parking but no parking shall be permitted within six (6) feet of any side or rear line which abuts or adjoins property used or zoned for residential purposes. 3. LOT AREA: The requirement of the lot area per family for residential buildings 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. PARKING REGULATIONS: As provided for in Section 4 -20. 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 to 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 C -PR District, the net area to be included and so designated shall be 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 and organized arrangement of buildings and service facilities, which shall have a functional relationship to the properties comprising the planned development and shall not adversely affect the pro- perties and the uses of properties immediately adjacent to the proposed development. The requirements and regulations herein prescribed pertaining to height, yard, set backs, parking and loading may be adjusted or modified by the Town Planning Commission before a C -P District is established so that the property in question may be developed in a reasonable manner, and at the same time will not be detri- mental to the public welfare and the interests of the Town, but in keeping with the general intent and spirit of the Zoning Or- dinance. The Planning Commission shall have power to make and adopt such rules and regulations necessary and proper to effectuate the pur- pose of this section. The proponents of a Planned Business Center shall prepare and sub- mit a preliminary development plan to the Town Planning Commission for its inspection and review, upon which plan the Planning Commis- sion shall hold a public hearing. Upon determination by the Plann- -27- 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 found 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,whiih ordizaanee 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 7Jouncil for the submission, review and development of Planned Business Centers. Application may be made directly to the TownCouncil for the re- zoning of property for a Planned Business Center, but, before tak- ing action, the Council shall refer the matter to the Town Plann- ing Commission for recommendation. The procedure and requirements for the submission of plans and the information required shall be the same as though the application had been made directly to the 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, the 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 C -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 not 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. 28 CHAPTER 4 LAND USE DISTRICTS SECTION 4 7 DISTRICT C -P PLANNED BUSINESS CENTERS 13. Dry goods or notions stores. 14. Dyeing, dry cleaning or laundry collection offices. 15. Electrical shops. 16. Fix -it radio or television repair shops. 17. Florists or gift shops. 18. Furniture homes or stores. 19. Garages (storage) for motor vehicles (no body or fender work), providing they comply with the re- quirements of other Town Ordinances.. 20. Grocery, fruit or vegetable stores. 21. 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 permitted. 28. Public parking lots or stations for passenger cars or taxicabs. 29. Restaurants or tea rooms (excluding "drive- ins 30. Service stations (gasoline and oil) not including motor, body or fender repair work. 31. Shoe stores or shoe repair shops. 32. Tailor shops. 33. Other retail business activities of the character enumerated above not included in any other classi- fication. 34. Accessory uses customarily incident to the uses enumerated above, including air conditioning plants and ice refrigeration plants purely incidental to a main activity permitted on the premises. 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). 29 CHAPTER 4 LAND USE DISTRICTS SECTION 4 7 DISTRICT C -P PLANNED BUSINESS CENTERS 5. Barbecue stands. 6. Bars and cocktail lounges if they comply with the State Law. 7. 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 R -3 District, inclusive. 8. Bus stations. 9. Business or commercial schools. 10. Children's day nurseries for the convenience of customers, including accessory amusement devices. 11. Commercial photography. 12. Drive -in restaurants, where persons are served in automobiles, when the nearest point of the property is more than two hundred (200) feet from the boun- dary of an R -1 to R -3 District, inclusive. 13. Frozen food lockers for individual or family use. 14. Garages (public), provided the nearest point of the property is more than two hundred (200) feet from the boundary of an R -1 to R -3 District, in- clusive, and provided all work is done within the building. 15. Ice cream stores. 16. Job printing, newspapers, lithographing and pub- lishing. 17. Launderettes, washaterias or self service laund- ries. 18. Loan and finance companies. 19. Night clubs or taverns, if they comply with the State Law. 20. Office buildings. 21. Package liquor stores, if they comply with the .State Law. 22, Pet shops, if entirely within a building. 23. Pony rings, provided the animals are stabled out- side of the development, and when in connection with a day nursery. 24. Public parking stations for commercial delivery cars not exceeding three quarter (3/4) ton. 25. Service stations (gasoline and oil). 26. Telephone exchanges. 27. Theatres and picture shows. 28. Tire and battery shops. 29. Wholesale sale offices and sample rooms. 30. Accessory uses customarily incident to the above uses. 30 HEIGHT, YARD AND AREA REGULATIONS: C. IN A DISTRICT C -PR (REGIONAL) 1. Any use permitted in District C -PN. 2. Battery stations, 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. Garages (public) provided the nearest point of the 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 on the premises. 8. Miniature golf courses.. 9. Newspapers, job printing, lithographing and pub- lishing. 10. Parking stations for trucks and buses. 11. Photograph printing shops. 12. Plumbing or sheet metal shops (allowing punching of material of one eighth (1/8) inch or less in 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 above uses. 18. Hospitals 1. HEIGHT: CHAPTER 4 LAND USE DISTRICTS SECTION 4 7 DISTRICT C -P PLANNED BUSINESS CENTERS In a District C -PC, the height shall not exceed three (3) stories and shall not exceed thirty -five (35) feet. 31 2. YARDS: 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, no building or structure shall be erected whose roof, chim- ney or other topmost structure or portion of structure shall intrude into an approach zone. 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- back for any building or structure of at least ten (10) feet, unless the provision for a fire lane is not con- sidered necessary. Along any other property line abutting or adjoining a residentially zoned district, there shall be a set -back of at least twenty (20) feet for any building or park- ing lot. The Planning Commission may require the Plan- ned Business Center to be screened from such abutting or adjoining properties zoned for residential use by a wall, fence or other suitable enclosure at least three and one -half (3 -1/2) feet in height. The building line along any street shall be consistent with the building line established in the neighboring residential districts. The Town Planning Commission may recommend a reduction in the above required set -backs where the situation will reasonably warrant such reduction. PARKING AND LOADING REGULATIONS: In all C -P Districts, there shall be provided off street customer parking space in the ratio of at least nine (9) parking spaces for each one thousand (1000) square feet of rentable floor area for each of the first ten thousand (10,000) square feet of floor area; eight (8) additional parking spaces for each one thousand (1,000) square feet of rentable floor area in excess of ten thousand (10,000) square feet but not exceeding thirty thousand (30,000) square feet; and seven (7) additional parking spaces for each one thousand (1,000) square feet of rentable floor area in excess of thirty thousand (30,000) square feet. 32 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 of 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: CHAPTER 4 LAND USE DISTRICTS SECTION 4 8 DISTRICT E -R -O EDUCATIONAL, RESEARCH AND OFFICE 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 administra +give, 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. 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 feet in height. b. 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 5) feet. -34- CHAPTER 4 LAND USE DISTRICTS SECTION .4 8 DISTRICT E -R -0 EDUCATIONAL, RESEARCH AND OFFICE 2. YARDS: 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. 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 property shall be from a designated trafficway or trafficways, or from business or industrially zoned districts. Loading space shall be provided in the side or rear yard only. -35- USE REGULATIONS: CHAPTER 4 LAND USE DISTRICTS SECTION 4 9 DISTRICT C -1 NEIGHBORHOOD RETAIL BUSINESS 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 not more than five (5) persons on the premises, exclusive of drivers, 4. Banks. 5. Barber or beauty shops. 6. Bicycle repair shops. 7. Book or stationery stores. 8. Buildings used for municipal or governmental purposes. 9. Clinics, for people only. 10. Clothing or ready -to -wear stores. 11. Confectionery stores. 12. Dancing Schools. 13. Drug stores. 14, Dry goods or notions stores. 15. Dyeing, dry cleaning or laundry collection offices. 16. Electrical shops. 17. Fix -it, radio or television repair shops. 18. Florists or gift shops. 19. Furniture homes or stores. 20, Garages (storage) for motor, vehicles (no body or fender work 21. Greenhouses (commercial). 22. Grocery, fruit or vegetable stores. 23. Hardware stores. 24. Jewelry stores. 25. Launderettes, washeterias or self- service laundries. 26. Meat markets or delicatessens. 27. Music studios. 28. 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 -36- HEIGHT, YARD AND AREA REGULATIONS: -37- CHAPTER 4 LAND USE DISTRICTS SECTION 4 9 DISTRICT C -1 NEIGHBORHOOD RETAIL BUSINESS 33. 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 line established by a plat, or by private restriction, whichever is the greater. No other advertising shall be attached to the pole. 34. Shoe stores or shoe repair shops. 35. Tailor shops. 36. Other retail business activities of the character enumer- ated above not included in any other classification. 37. Accessory uses customarily incident to a neighborhood re- tail business, including air conditioning plants and ice refrigeration plants purely incidental to a main activity permitted on the premises. In District C -1, 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 build- ings erected exeluei ely, for dwelling purposes shall comply with the front, side and rear yard requirements of District R -4 (for exceptions see Section 4 -1T) 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 unless adjacent to and in the same block with District R -4 in which case the height shall not exceed three (3) stories and shall not exceed forty -five (45) feet. 2. FRONT YARDS: a. There need be no front yard in this district, except when the district abuts or adjoins a District R -1, 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 for 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 lots front on the same street, but need not be more than twenty (20) feet. CHAPTER 4 LAND USE DISTRICTS SECTION 4 9 DISTRICT C -1 NEIGHBORH00D RETAIL BUSINESS b.When the rear line or a portion of the rear line of residentially zoned property 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 or required side yard in the residentially zoned district, whichever is the great er,but need not:be more than ten (10) feet. e.On a corner lot, platted or unplatted, whose rear line abuts or adjoins a side line or portion of a side line of a lot, there shall be a front yard for any building or buildings on the corner lot which face the same street as the residentially zoned property in the block, equal to one half (1/2) of the front yard requirement for the residentially zoned property given in paragraph 2 under the Height, Yard and Area Regulations for that district. 3. SIDE YARDS: a. No side yard is required in this district, except where the district abuts or adjoins a District R -1, R- 2,R -3, 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- jacent to a residential district, and on the street side of a corner lot. On any lot whose side line abuts or adjoins a residen- tial district the required side yard shall conform to the requirements for a side yard in the abutting or adjoining residential district. b. On a corner lot, platted or unplatted, whose street side line is a continuation of a side line of a lot or lots to its rear in the same block which are zoned for res- idential purposes, there shall be a side yard on the street side of the corner lot in the business district equal in depth to the depth of the existing or required side yard in the residentially zoned district, which- ever is the greater, but need not be more than ten (10) feet. c. On a corner lot, platted or unplatted whose street side line is a continuation of the front street line of a lot or lots to its rear, there shall be a setback from the street side line of the corner lot equal to one- half (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 street. -38- CHAPTER 4 LAND USE DISTRICTS SECTION 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 -i 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 zoned for business abuts or adjoins the side or rear line of a lot zoned for business, and is within fifty (50) feet of the nearest street. b. 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 alley. On a corner lot, the accessory build- ing shall be set back at least fifteen (15) feet from any street line. 5. LOT WIDTH: The minimum mean width of a lot used exclusively for residence purposes, shall be fifty (50) feet, except that where a lot has a mean width of less than fifty(50) feet and is in separate ownership on or before 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. There shall be no limitation of lot width for buildings used wholly or partially for business purposes. 6. LOT AREA: No building to be used wholly or partially for dwelling purposes, shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area: a. For one- and two family dwellings, four thousand (4,000) square feet. b. For three family dwellings, including conversions, five thousand (5,000) square feet. c. For dwellings with more than three (3) families, other than row houses apartment hotels and hotels, five thousand (5,000) square feet, with one thousand (1,000) square feet additional for each family over three (3). d. For row houses, one thousand (1,000) square feet per family, 39 CHAPTER 4 LAND USE DISTRICTS SECTION 4 9 DISTRICT C -1 NEIGHBORHOOD RETAIL BUSINESS e. For apartment 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 family, except where the business district abuts. or adjoins only an R -4 District within the block, when it shall be three hundred fifty (350) square feet per family. For further limitations on buildings used jointly for hotel and apartment house uses or for business house_ uses residence purposes, see Section '-1T paragraphs (p) and (q), USE REGULATIONS: 41 CHAPTER 4 LAND USE DISTRICTS SECTION 4 10 DISTRICT C -2 LOCAL RETAIL BUSINESS In District C -2, no building or land shall be used and no build- ing shalibe erected, altered or enlarged, which is arranged, in- tended or designed for other than one of the following uses, except as otherwise provided in Sections 4 -13 and 4 -15. 1. Any use permitted in District C -1. 2. Animals raised for sale. 3. Auto laundries. 4. Automobile or trailer sales rooms and trailer or used car gales lots. No dismantling of cars or trailers nor sale of used parts is allowed on said trailer or used car lots. Any lights used to illuminate said lots shall be so arranged as to reflect the light away from any adjoining premises in a residential district. The use of flood lights, except those 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) lumens of light per square foot, measured at any property line. 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 R -3 district, inclusive, unless the building is sound proofed and air-conditioned. 10. Bus stations. .11. Business or commercial schools. 12. Cabinet shops or• ".carpenter shops employing less than four (4) people and the nearest point of the property is located more than two hundred (200) feet from the boundary of an R -1 to R -3 district, inclusive. 13. Children's amusement parks, upon approval of specific plans by the Planning Commission, after a public hearing, providing the following requirements are fulfilled: a, No amusement device or stable shall be within one hundred (100) feet of a residential zone. b. No loud speakers or amplification shall be used and no loud whistles permitted. Any noise caused by.the opera- tion of amusement devices shall not exceed twelve (12) decibels, measured at the boundary of the property near- est a residential zone, above the normal sounds created cr occurring at that location during the time the amuse- ment devices are being operated. c. The amusement devices shall not operate after 10:00 o'clock in the evening. d. Ample space shall be provided for off street parking. e. A fence, wall or screen of shrubbery shall be provided and maintained along the boundary of the property nearest a residential zone. 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. 154 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 (no grinding). 20. Frozen food lockers for individual or family use, 21, Funeral homes or undertaking establishments. 22. Garages (public), provided 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, and provided all work 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 ten (10) persons on the 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 Law. 30, Office buildings. 31. Package liquor stores, if they comply with the State Law. 32. Pet shops, if entirely within a building. 33. Pony tracks or rings (for children only). 34. Public parking stations for commercial delivery cars not exceeding three quarter (3/4) ton. 35. Public utility stations or substations or terminals. 36. Service stations (gasoline and oil). 37. Skating rinks, if 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,unless the building is sound- proofed and air conditioned. 38. Telephone exchanges. 39. Theaters or picture shows (other than "drive -in 40. Tire and battery shops. 41. Upholstering and furniture repair, with not more than three (3) employees. 42. Wholesale sales offices or sample rooms. 43. Accessory uses customarily incident to the above uses. 42 CHAPTER 4 LAND USE DISTRICTS SECTION 4 10 DISTRICT C -2 LOCAL RETAIL BUSINESS a. Flood lights or any lights which illuminate open areas in connection with any of the use 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 0 -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 -17): 1. HEIGHT: Buildings or structures shall not exceed three (3) stories an shall not exceed forty -five (45) feet in height. When ad- joining a district, within the same block, which has a great- er height limit, the height in District 0 -2 may be increased to six (6) stories but shall not exceed seventy -five (75) feet. When adjoining two or more districts, within the same block, 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 be less than allowed for District C -2 2. FRONT AND SIDE YARDS: There need be no front or side yard in this district except where the district abuts or adjoins a District R- 1,R -2, R -3 or R -4 within the same block and on the same side of a street. When this situation occurs, and the majority of the building; or lots in the residential district face on the above street there shall be a setback from the said street for any build- ing in the business district equal to one -half (1/2) of the front yard requirement for the abutting or adjoining resi- dential district given in paragraph 2 under the Height, Yard and Area Regulations for that district; and when the side property line of residential property forms the greater por- tion (at least 70 of the street property line in the residential district given in paragraph 3 under the Height, Yard and Area Regulations for that district, but need not be more than eight (8) feet. There shall be a side yard along the side line of a property in the business district, which line abuts, adjoins or is within eight (8) feet of a boundary of a residential distrie equal to eight (8) feet measured from the resideznt3a.l dis- trict boundary line, 3. REAR YARDS: Same as for District C -1 4. LOT AREA: Same as for District C -1 PARKING AND LOADING REGULATIONS: As provided for in Section 4 20. 43 USE REGULATIONS: CHAPTER 4 LAND USE DISTRICTS SECTION 4 11 DISTRICT M -1 LIGHT INDUSTRY 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 4 -1 3 and 4-15, all hazardous occupan- cies are subject to Building Code restrictions for Fire Zone No. 1: 1. Any use permitted in District C -1 or C -2. 2. Amusement or baseball parks. 3. Auto salvage and auto wrecking operations, provided the entire operation is carried on within a building com- pletely enclosed with walls and roof. 4. Assaying (other than gold or silver). 5. Aviation schools. 6. Bakeries wholesale. 7. Blacksmith, horseshoeing or wagon shop. 8. Body and fender work. 9. Bottling works. 10. Brewing or distilling of liquor. 11. Canning or preserving factories. 12. Carnivals. 1 3. Carpet cleaning. 14. Cat and dog hospitals. 15. Chemical laboratories. 16. Chicken batteries or brooders. 17. Coffee roasting. 18. Cold storage plants. 19. Creameries. 20. Cutting or blending of liquors. 21. Electroplating. 22. Elevator assembly. 2 3. Engraving. 24. Galvanizing. 25. Handforge. 26. Junk handling, provided the entire operation is carried on within a building completely enclosed with walls and roof. 27. Laundries. 28. Machine shops. -44- CHAPTER 4 LAND USE DISTRICTS SECTION 4 11 DISTRICT M -1 LIGHT INDUSTRY 29, Manufacture of: Products from aluminum, brass, bronze,copper, steel,tin. 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. Boats, small (twenty -eight (28) feet or less in length). Brooms or brushes. Buttons and novelties. 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 or electronic fixtures, Ice or ice cream. Mattresses or their renovation, Musical instruments. Potato, corn or tapioca chips. Radio and television sets. Sausages, 30, Meat processing (no slaughtering). 31, Milk bottling or central distribution stations. 32, Monument or marble works, finishing and carving only, and excluding stone cutting, 33. Oil compounding or barreling, 34. Pattern shops. 35. Poultry dressing; 36, Salvage processing, provided the entire operation 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, not exceeding one eighth (1/8) inch in thickness. 39. Storage in bulk of the following, which does not include salvaged or waste materials or junk storage or operation; provided the property is enclosed within a wall or cyclone type fence, at least eight (8) feet in height: 45 CHAPTER 4 LAND USE DISTRICTS 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. 4i. 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 suf- 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, in :its opinion, to avoid creating additional fire and traf- fice hazards or any possibilities of additional traffic congestion. Any enlargement or extension of an existing truck terminal shall require the approval of the Planning Commission after public notice and hearing under the same requirements and considerations as for new terminals. 42. Tracks spur, loading or storage, and freight yards. 43. Upholstering and rebuilding of furniture. 44. Veterinary hospitals. 45. Waste materials processing, provided the entire opera- tion is carried on within a building completely enclosed with walls and roof. 46. Welding shops. 47. Wholesale produce markets. 48. Wrecking operations, provided the entire operation is carried on within a building completely enclosed with walls and roof. -46- CHAPTER 4 LAND USE DISTRICTS SECTION 4 11 DISTRICT M -1 LIGHT INDUSTRY HEIGHT, YARD AND AREA REGULATIONS: 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). 1. HEIGHT: Buildings or structures shall not exceed four(4) stories and shall not exceed forty -rive (45) feet in height. 2. FRONT AND SIDE YARDS: a. There need be no front or side yard in this district, except when the district abuts or adjoins a District R -1, R -2, R -3 or R -4, 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 70% of the street property line in the residential district, there shall be a set -back in the industrial district equal to the side yard requirement for the said residential district as given in Paragraph 2 or 3 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 foot of height of the building at any given level but must be at least four (4) feet. Where there is an alley, the rear yard shall be measured to the center of the alley. Where the rear yard abuts or adjoins a residential district (R -1 to R -4 inclusive), it shall be at least ten (10) feet in depth. 47 e. CHAPTER 4 LAND USE DISTRICTS SECTION 4 11 DISTRICT M -7. LIGHT INDUSTRY Within fifty (50) feet of the nearest street, no rear yard is required where a rear line of a lot zoned for business or industry abut or adjoins the side or rear line of a lot zoned for business or industry. b. 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 alley. On a corner lot, the accessory building shall be set -back at least fifteen (15) feet from any street line. 4. LOT AREA: No building, to be used wholly or partially for dwelling purposes, shall be erected or altered on a lot which makes provision for less than the following number of square feet of the lot area: a. For one and two family dwellings, four thousand (4,000) square feet. b. For three family dwellings, including conversions, five thousand (5,000) square feet. c. For dwellings with more than three (3) families, other than row houses, hotels, apartment houses and apartment hotels, five thousand (5,000) square feet with one thousand (1,000) square feet additional over each family ove three (3). d. For row houses, one thousand (1,000) square feet per family. For apartments, apartment hotels, hotels, and build- ings used jointly for hotel and apartment house uses, or for business and residence purposes, or for in- dustrial and residence purposes, one thousand (1,000) square feet per family. For further limitations on buildings used jointly for hotel and apartment house uses, or for business and residence purposes, see Section 4 -17. PARKING AND LOADING REGULATIONS: As provided for in Section 4-20. 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, C -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. RESTRICTIONS: 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- 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 district. 4. Necessary public rights -of -way shall be dedicated to the public either 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- tained. The maintenance guarantee of such protective strips and the planned landscaping of the site may be bonded to the Town of Tukwila in a reasonable amount if required by the Tukwila Town Council. In lieu of such protective strip, under appropriate circumstances, there may be 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 plan 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 nppli_ention shall comply with this approved plot plan. -49 CHAPTER 4 LAND USE DISTRICTS SECTION 4 -12 DISTRICT C -M INDUSTRIAL PARK 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 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 Com- mission in accordance with the following standards: a. In accord with Civil Aeronautical Administration standards. 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 public thorough- fares normally open to public use. 3. The minimum setback from all• publicly used rights -of -way 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 to accomodate the maximum number and size of vehicles simul- taneously loaded or unloaded, in connection with the business conducted in such building. No part of the truck or van using the loading space may project into the public right of way. ARCHITECTURAL CONTROL The Town Planning Commission, together with the Town Council shall sit as a Board of Architectural Review. It shall be the duty of this Board to protect and preserve the natural 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, All applications for building permits of a structure, and 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 Council one copy shall be delivered to the Commission for its approve as to the character thereof or its recommended changes or alterations within the spirit of this paragraph and ordinanc 50 CHAPTER 4 LAND USE DISTRICTS SECTION 4 -12 DISTRICT C -M INDUSTRIAL PARK If the Commission shall give written approval thereto, a building permit shall be issued by the appropriate town official providing a].1 other requirements of the building code and ordinances of the Torn of Tukwila have been com- plied with, If the Commission presents a written report,thereon recom- mending changes in the exterior architectural design, land- scaping, tree, shrub planting, and /or site improvements which the said applicant refuses to make, comply with or accept after conference, no building permit shall be issued. However, applicant shall have the right of appeal to the Town Council and a hearing shall he held thereon,after which the Council may order issuance of a building permit, or it may withhold issuance of same if not satisfied that proposed plans are in the spirit of and in keeping with the provisions of this zoning. The notice, if any, of the public hearing on the report of the Commission, and the application for architectural control review shall be in the time, form, and manner directed by said Town: Council, If the Commission shall take no action with respect to an application for architectural control review referred to it by the building inspector within a period of thirty (30) days after the same has been filed with said building in- spector, the Commission shall be deemed to have given the approval thereto; in the event that the matter and appli- cation is appealed to the Town Council,and no decision is rendered by said Town Council with respect to said matter within forty -five (45) days after the initial filing of the application for architectural control review, said Town Council shall be deemed to have given its approval thereto CHAPTER 4 LAND USE DISTRICTS SECTION 4 13 SPECIAL CLASSES Oi 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. 4. 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 Polka' 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 uses or institutions. 12. Institutions for the care of the feeble minded, insane, or 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 unless the 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 a limited period of time not to exceed five (5) years. 15..Radio, television, facsimile, frequency modulation, or ob- 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 or substations. 20. Tourist cabins, trailer camps, or motels. 21. Water towers and water supply plants. The portion of the paragraph in Section 4-15 on nonconforming uses applying to the changing of a nonconforming use to a same or higher nonconforming use does not apply to the special class uses listed in this section. SECTION 4 14 GENERAL ACCESSORY USE PROVISIONS A driveway or walk to provide access to premises in commercial districts and industrial districts shall not be permitted in residential districts, except upon approval by the Planning Commission after a public hearing, when an undue hardship can be shown and the driveway will not adversely affect the use of neighboring property. Buildings or structures or uses which are accessory to the use permitted in one district shall not be permitted in a district of a higher classification. 52_ 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 shy -11 be continued for the usable life of the building or strue_. tune except as provided hereafter; 2 When a building in a certain district is occupied by or designed for a use which is classified in that district, but does not conform to the distance requirement from a residential district, then only such other uses as are classified in the same district, and are conforming as to distance requirements, or uses classified in a more re- stricted district, may ocoupt such building. 5 3. The extension of a lawful nonconforming use to any portion 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 arranged 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 unless the use of such building is changed to a conforming use, or except by special permit from the Plan- ning Commission in case of evident hardship. Such exten- sion shall not exceed twenty -five (25) per Dent of the ground area of the original building, 4; A lawful nonconforming use of a building may not be chang- ed unless changed to an equal or a higher (more restricted) use; If a lawful nonconforming use is changed to a higher (more restricted) 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 be deemed to be changed to an equal or a higher more re- stricted) use when the use to which such nonconforming use is changed is a use included in the same district clas- sification or in a district classification preceding the district in question in the arrangement of districts in this chapter. A lawful nonconforming use if changed to a conforming use may not thereafter be changed back to a nonconforming use; 53 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. e, When a building 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 in this 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. Nothing in this section shall be interpreted as authoriza- tion for or approval of the continuance of the use of a building or premises in violation of zoning regulations in effect at the time of the effective date of this chapter or of any amendment thereto. Ofi c) 4'/3 FC 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 such 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 projection 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. b. 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 here- after adopted ordinances, c, In Districts R -1, R- 2,R- 3,R -4, C -1 ,and C -2, public or semipublic buildings such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding seventy five (75) feet, provided that such buildings shall be set back one (1) additional foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations in the district in which such buildings are situated. d. No building or structure shall be erected whose roof," 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 Planning Commission may, after public notice and hearing, and subject to conditions and safeguards that will protect the appropriate use of neighboring property, permit the erection of a build- ing or portion of a building to a height in excess of the limits prescribed in this section and paragraph above, 56 CHAPTER 4 LAND USE DISTRICTS SECTION 4 -17 HEIGHT, YARD AND AREA EXCEPTIONS 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 upon 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. i. 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) per cent of the basic front yard requirement as given under the yard regu- lations for that district for the lots in the rear of the corner lot; provided further that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of 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. k. An open fire escape may project into a required side yard not 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 may project not more than four (4) feet into a required rear yarA 57 CHAPTER 4 LAND USE DISTRICTS SECTION 4 -17 HEIGHT, YARD AND AREA EXCEPTIONS 1. A 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. m. 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. n. 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. 2. 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- 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. o. A one family 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 required to house one family in the district in which it is located, provided the front, side and rear yard requirements of this chapter are met. p. For any building 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 .uses, 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. _58- CHAPTER 4- LAND USE DISTRICTS SECTION 4- 18 GROUP HOUSING PROJECTS Developers of group housing projects must submit their plans to the Town planning Commissions for study. 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 zoning and for appeals. The Commission shall apply the requirements of this cha:+ter to the housing project as a whole in such a manner that will insure sub- stantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this chapter in the district in which the proposed project is to be located. In considering the project, the Tnwn Council shall, in no case, authorize a use prohibited in the district in which the housing project is to be located, except that buildings for administration and maintenance of the project may be included; nor a building height in excess of that permitted unless the total amount of floor area of 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- culation. The Town Council may permit a variation in the normal position of a building on a lot, providing the minimum distance between a building and a street line shall comply with the front yard requirement of the district. No point of any building shall be nearer than ten (10) feet from an adjacent building. The Commission may require such additional restrictions and safeguards as they deem necessary to fulfill the purpose and intent of the Zoning Ordinance. Ample open space, with a minimum dimension of twenty (20) feet, shall be provided for recreational space, out -door drying yards, greenery, etc. in addition to that required for off street parking. Parking regulations shall be as provided for in Section 4 -20 A permit for a group housing project shall be issued by the Towr Council and inspections upon approval of the project by the Planning Commission. _59 CHAPTER 4 LAND USE DISTRICTS SECTION 4 19 COMMUNITY UNIT PROJECTS 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 Town Planning Commission shall be that: 1. The property adjacent to the area included in the plan will 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. 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. 5. Provision shall be made for sufficient utility easements to service the property. 6. Sufficient parking facilities shall be provided as in Section 4 -20. If the Town Council approves the plan, building permits and certificates of occupancy may be issued even though the use of land and the location of the buildings to be erected and the yards and open spaces contemplated by the plan do not conform in all respects to the regulations of the district in which the develop- ment is located. -60- CHAPTER 4 LAND USE DISTRICT SECTION 4 20 OFF STREET PARKING AND LOADING REGULATIONS 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, but 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. PARKING FOR ONE TO FOUR FAMILY DWELLINGS: 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 to the requirements above for one, two, three and four-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 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 one thousand feet of the new structure, or (b) if no vacant land or garage is available within the above limits they 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. 61 ,£1.1 ct4.11 a 7.1 U 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 for deliveries. 2. CONVERTED STRUCTURES. 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 units are 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 facili- ties, the Planning Commission, upon a proper showing by an applicant, may vary or waive such parking require- ments, or make exceptions as provided in Paragraph_3., 3. EXCEPTIONS. The Planning Commission may make an exception to any of the above requirements upon a showing by an applicant of any unnecessary hardship or practical difficulty con- stituting an unreasonable deprivation of use, as dis- tinguished from merely granting a privilege. Before granting such exception the Cormission.shall determine: a. That the proposed parking space will be readily acces- sible to the apartment dwellers. b. That the proposed location is within the same block as the building site, or is on the opposite side of the street from the site and within the nearest in- tersecting streets. c. That the distance from the nearest point of the build- ing site to the nearest corner of the proposed park- ing space is less than five hundred .(500) feet. d. That the location of the proposed parking space will not be more detrimental to the adjoining and neighbor- ing property than if used for the same purpose by the 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 occupancy to be used principally as a place of public assembly or for any addition thereto, there shall be provided and main- tained on the premises accessible off street parking space for the storage of passenger motor vehicles, as indicated below. The parking spaces shall be located and constructed in accordance with the provisions for customer parking lots. 62 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 oV 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 to that portion of church buildings devoted to education, either that portion used for general assembly of classes, including departments, or the classroom seating capacity, whichever is greater, but not both, shall be used. For the portion used for re- creation an area of seven square feet of floor area per person shall govern. For Theatres: In computing the number of parking spaces required, the number of persons shall be determined by the audience seating capacity of the theatre. For Dance Halls, Skating Rinks and similar recreational uses: In computing the number of parking spaces re- quired, the number of persons shall be determined by 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 be 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. CHAPTER 4 LAND USE DISTRICT SECTION 4 20 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. 3. EXCEPTIONS. The Planning Commission may vary, waive, or make exception to any of these requirements after a public hearing, if undue hardship in complying with any of the above provi- sions is shown. 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 opposite 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 f'eet,on premises zoned for busi- ness or industry. b. That the distance from the nearest point of the build- ing 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 un- duly adversely affect the use of the neighboring pro- perty. PARKING FOR HOSPITALS, CONVALESCENT HOMES OR INSTITUTIONS: For all hospitals, 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 vehicles on the premises. One parking space shall be provided for each 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(14) pat- ients. The Planning Commission may vary any of the above requirements, after a public hearing, under the same limitations as are pro- 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. 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 Towrr Council. Before taking action upon any exemption, modification or change of said off street park- ing requirements, the same shall be referred to the Tow rJr Plan- ning Commission for its recommendations and reports. In con- sidering the matter, the Council shall not author•ize'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, or, in 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 is pro- 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 for 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 pro- vided for places of public assembly. 65 CHAPTER 4 LAND USE DISTRICT SECTION 4 20 OFF STREET PARKING AND LOADING REGULATIONS PARKING FOR INDUSTRIAL BUILDINGS: All industrial buildings hereafter erected, and all buildings converted to such use or occupancy, shall provide on the pre- mises one off street parking space for each four (4) employees. The Commission may vary this requirement as is provided for places of public assembly. OFF STREET LOADING REGULATIONS HOTELS All hotels hereafter erected, and all buildings con- verted to such use or occupancy, shall provide off street loading facilities in accordance with the table given below. HOSPITALS AND INSTITUTIONS All hospitals and institutions hereafter erected, and all buildings converted to such use or occupancy, shall provide off street loading facilities in accordance with the table given below. BUSINESS OR COMMERCIAL BUILDINGS In District C -1 or C -2, off street space for standing, loading and unloading services shall be provided in such a manner as not to obstruct freedom of traf- fic movement on streets or alleys. In Districts C -2 and M -1, for every building, structure, or part thereof, hereafter erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale store, market, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution by vehicles, of materials or merchandise, there shall be provided and main- tained on the premises adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets and alleys. Each space, unless otherwise adequately provided for, shall consist of a ten 10 foot by twenty -five (25) foot loading space with fourteen (14) foot height clearance for small trucks such as pick -up trucks, and a ten (10) foot by forty -five (45) foot loading space with fourteen (14) foot height clearance for large trucks, including tractor trailers. No space need be provided for a building containing less than three thousand (3,000) square feet of gross floor area. The following table prescribes the number of spaces required: Number of Spaces CHAPTER 4 LAND USE DISTRICT SECTION 4 20 OFF STREET PARKING AND LOADING REGULATIONS SQUARE FEET OF GROSS FLOOR AREA (Except Basement Area): Number of Buildings for Retail and Department Spaces Store Use, Manufacturing, Storage, etc. 1 3,000 to 25,000 (excl.) 2 25,000 to 85,000 3 85,000 to 155,000 2 4. 155,000 to 235,000 5 235,000 to 325,000 6 325,000 to 425,000 425,000 to 535,000 7 535,000 to 655,000 9 655, to 775,000 10 775,000 to 925,000 Office Buildings, Hotels, Hospitals, And Institutions 1 3,000 to 100,000 (excl.) 2 100,000 to 335,000 3 335,00 to 625,000 4 625,000 to 945,000 5 945,000 to 1,300,000 6 1,300,000 to 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 These requirements may be reduced by the Planning Commission, 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 purposes and intent of this section. 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. SECTION 4 -22 PUBLIC NOTICE OF HEARING Public notice of any hearing as required by state law or this Ord- inance shall be deemed to have been given when a notice setting forth ohe 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 provisions of this Ord- inance sucl shall be held to be the minimum require- ments adopted .Lur the promotion of the health, safety, morals, or the general welfare of 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 or regulations previously adopted pursuant to law, relating to the use of buildings or land, nor is it intended to interfere with or abrogate or annul 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. -68- 69 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 hear•ings,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 Gammission, 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 signed 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, or of any boundary lines thereof, as shown on the zoning maps (as distinguished from a variance or modification, in a specific case, of the application of any of the rules or regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures, or to the use of land, because of practical difficulties or unnecessary hardships, shall be submitted to the Town Planning Commission. The Town Planning Commission, upon payment to the Town of a $25.00 filing fee, 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. The Council, in considering such recommendation, shall give due public notice of hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. CHAPTER 4 LAND USE DISTRICTS SECTION 4 -26 CHANGES INITIATED BY TOWN PLANNING COMMISSION The Town Planning Commission may, on its own initiative, after due public notice and hearing, at which parties in interest and citizens may have an opportunity to be heard, cause to be pre pared and introduced in the `Town Council an ordinance, recommend- ing the altering or changing of the use, neight or area restrict- ions as provided in this chapter. The Council shall give due public notice of hearings on such ordinance, so recommended by the Towp Planning Commission, at which parties in interest and citizens may have an opportunity to be heard. SECTION 4 -27 ENFORCEMENT OF THIS CHAPTR This chapter shall be enforced by the Town Council or such inspector as they may appoint, employ, or otherwise retain. He shall have power to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision or regulation of this chapter. CHAPTER 4 LAND USE DISTRICTS SECTION 4 -28 PENALTY FOR VIOLATION The owner or general agent of a building or premises where a violation of any provisions of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, archi- tect, builder, contractor, or any other person who commits, takes part, or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than Ten Dollars ($10,00) and not more than One Hundred Dollars ($100,00) for each and every day that such violation continues, but if the offense be found to be willful on con- viction thereof the punishment shall be a fine of not less than Fifty Dollars ($50,00) or more than One Hundred Dollars ($100.00) for each and every day that such violation shall continue, or by imprisonment for not more than 30 days, SECTION 4 -29 INVALIDITY OF A PART If any section, sentence, subdivision, or clause of this Ordinance is found for any reason to be held invalid or uncon- stitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the Ordinance as P whole nor any portion of the Ordinance other than that so held to be invalid or unconstitutional. Passed by the Town Council and Approved by the Mayor This 23rd day of December 1957 Attest: J Lois T, Newton, Clerk 71 6 Charles 0. Baker, Mayor ORD 251 CITY ZONING VICINITY MAP