[R.O. 2011 §400.160; CC 1974 §§43.400 —
43.420]
A.
The
Special Exceptions listed in Appendix A and their accessory buildings
and uses may be permitted by the Planning Commission and Board of
Aldermen in the districts indicated therein, in accordance with the
procedure set forth in this Section and the requirements listed in
Appendix A.
B.
Upon
receipt of an application for a permit for a Special Use Exception
by the Building Inspector, it shall be referred to the Planning Commission
for investigation as to the manner in which the proposed location
and character of the Special Use Exception will affect the Comprehensive
Community Plan and how the standards in Appendix A are applied. The
Planning Commission shall report the results of its study to the Board
within sixty (60) days following receipt of the application. If no
such report has been filed with the Board of Aldermen within this
time period, the Board of Aldermen shall proceed to process the application.
1.
A fee of thirty-five dollars ($35.00) shall be paid to the Clerk
of the City of Cabool at the time the application is filed, and an
additional fee of forty dollars ($40.00) shall be paid to the City
Clerk prior to the time publication of "Notice of Public Hearing"
is ordered by the Board of the City. All fees received hereunder by
the City Clerk shall be paid over to the City to the credit of the
General Revenue Fund of the City.
2.
The Board of Aldermen shall then conduct a public hearing after fifteen
(15) days notice thereof has been given. Following the hearing and
upon an affirmative finding by the Board that:
a.
The proposed Special Use Exception is to be located in a district
wherein such use may be permitted; and
b.
The requirements set forth in Appendix A for such Special Use Exception
will be met; and
c.
The Special Use Exception is consistent with the spirit, purpose,
and intent of the Comprehensive Community Plan, will not substantially
and permanently injure the appropriate use of neighboring property,
and will serve the public convenience and welfare.
|
|
The City shall order the Building Inspector to issue a Zoning
Certificate for the Special Use Exception.
|
C.
An
existing lawful use which is listed herein as a Special Use Exception,
and which is located in a district in which such Special Use Exception
may be permitted, shall be considered a Conforming Use.
D.
Any
expansion of such Special Use Exception involving the enlargement
of the buildings, structures, and land area devoted to such use shall
be subject to the procedure described in this Section.
E.
If
the nature of the Special Use Exception involves more than one (1)
of those listed in Appendix A, the applicant may apply for a permit
for the Special Use Exception which most closely relates to the primary
use; provided that the requirements of all related uses are met.
[R.O. 2011 §400.170; CC 1974 §43.425]
A.
The
District Regulations hereinafter set forth in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Chapter.
1.
Additional height regulations.
a.
One-family dwellings and two-family dwellings may be increased in
height by not more than ten (10) feet when the side and rear yards
are increased over the yard requirements of the district in which
they are located by not less than ten (10) feet each, but they shall
not exceed three (3) stories in height.
b.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
stacks, stage towers, or scenery lofts, tanks, water towers, ornamental
towers and spires, radio towers, or necessary mechanical appurtenances,
may be erected to a height in accordance with existing or future ordinances
of the City of Cabool.
2.
Additional area regulations.
a.
No accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced, and no accessory
building should be used for dwelling purposes unless the main building
on the lot is also being used for dwelling purposes.
b.
More than one (1) industrial, commercial, multiple dwelling or institutional
building may be erected upon a single lot or tract, but the yards
and open spaces required around the boundaries of the lot or tract
shall not be encroached upon by any such buildings, nor should there
be any change in the intensity of use requirements.
c.
When more than one (1) multiple dwelling building is erected upon
a single lot or tract, the minimum distances between main buildings
shall be the following:
(1)
Front to front, seventy (70) feet, front to rear, sixty (60)
feet.
(2)
Side to side, one-half (½) the height of the taller building
but not less than twenty (20) feet.
(3)
Front to side or rear to side, the height of the taller building
but not less than thirty (30) feet.
(4)
Rear to rear, fifty (50) feet.
d.
Where an open space is more than fifty percent (50%) surrounded by
building, the minimum width of the open space should be thirty (30)
feet for one-story buildings, forty (40) feet for two-story buildings,
and fifty (50) feet for three-story buildings.
3.
Additional yard regulations.
a.
In computing the depth of a rear yard, where such yard opens onto
an alley, one-half (½) of the alley width may be included as
a portion of the rear yard.
b.
Accessory buildings which are not a part of the main building may
be built in a rear yard within five (5) feet of the rear lot line.
An accessory building which is not a part of the main building shall
not occupy more than thirty percent (30%) of the required rear yard.
c.
Every part of a required yard shall be open to the sky, unobstructed,
except for accessory buildings in a rear yard, and except for the
ordinary projections of skylights, sills, belt courses, cornices,
and ornamental features projecting not to exceed twelve (12) inches.
This requirement shall not prevent the construction of fences not
exceeding eight (8) feet in height, except on that portion of lots
within thirty (30) feet of the intersection of two (2) or more streets.
d.
Open, or lattice-enclosed fire escapes, fireproof outside stairways,
and balconies opening upon fire towers projecting into a yard not
more than five (5) feet and the ordinary projections of chimneys and
flues may be permitted by the Building Inspector.
e.
For the purposes of side yard requirements, a two-family dwelling
shall be considered as one (1) building occupying a single lot.
f.
An open unenclosed porch not more than one (1) story in height or
paved terrace may project into the required front yard for a distance
not exceeding ten (10) feet. An enclosed vestibule containing not
more than forty (40) square feet may project into the required front
yard for a distance not to exceed four (4) feet.
g.
Terraces, uncovered porches, platforms, and ornamental features which
do not extend more than three (3) feet above the floor level of the
first (ground) story may project into a required yard, provided these
projections be distant at least two (2) feet from the adjacent side
lot line.
h.
When forty percent (40%) of a frontage is developed with two (2)
or more buildings, then the depth of the front yards heretofore established
should be adjusted in the following manner:
(1)
When the building furthest from the street provides a front
yard not more than ten (10) feet deeper than the building closest
to the street, then the average depth of the front yard for such frontage
should be the minimum depth of front yard for new buildings in such
block.
(2)
When the above is not the case and the lot is within one hundred
(100) feet of an existing building on each side, excluding, however,
buildings on corner lots which front upon the intersecting street,
then the depth of the front yard is determined by a line drawn from
the closest front corners of these two (2) adjacent buildings.
i.
In all districts a triangular space must be maintained at the street
corner of a corner lot, free from any kind of obstruction to vision
between the heights of three (3) and twelve (12) feet above the established
street grade. The street grade is measured at the intersection of
the centerlines of the intersecting street pavements, and the triangular
space is determined by a diagonal line connecting two (2) points measured
fifteen (15) feet equidistant from the intersection of the property
lines or the property lines extended on the corner of the lot using
each of the street right-of-way lines.
j.
In One-Family Dwelling Districts "R-1" and "R-2", when eighty percent
(80%) of the frontage of a block on both sides of the street between
two (2) intersecting streets or between an intersecting street and
a cul-de-sac has been developed with main buildings and accessory
buildings with side yards less than that required by the dwelling
district in which said property is situated, then the side yard requirement
for any main buildings or accessory buildings in said block should
be the average side yard of all parcels of property in said block
rather than the side yard set forth in the dwelling district in which
said parcel of property is situated. In determining the existing side
yard of any developed parcel, in order to compute the average herein
required, the side yard of the main building on any developed parcel
should be used except that when an accessory building exists with
a smaller side yard than the main building has, the side yard should
be taken as being the average between the side yard of the main building
and the side yard of the accessory building.
k.
In all districts a lot having an area or width less than therein
required and which was recorded under separate ownership from adjoining
lots at the effective date of this Chapter, may be occupied by a one-family
dwelling or by any other permitted non-residential use.
[R.O. 2011 §400.180; CC 1974 §43.430]
A.
Procedure. An application for a building permit for a new
or enlarged building, structure, or use shall include therewith a
plot plan, drawn to scale, and fully dimensioned showing any off-street
parking or loading facilities to be provided in compliance with the
requirements of this Chapter.
B.
Extent Of Control. The off-street parking and loading requirements
of this Chapter shall apply as follows:
1.
All buildings and structures erected and all land uses shall provide
accessory off-street parking or loading facilities as required hereinafter
for the use thereof.
2.
When a building or structure erected or enlarged prior to or after
the effective date of this Chapter shall undergo a decrease in number
of dwelling units, gross floor area, seating capacity, number of employees,
or other unit of measurement specified hereinafter for required off-street
parking or loading facilities, and further, when said decrease would
result in a requirement for fewer total off-street parking or loading
spaces through application of the provisions of this report, off-street
parking and loading facilities may be reduced accordingly, provided
that existing off-street parking or loading facilities is so decreased
only when the facilities remaining would at least equal or exceed
the off-street parking or loading requirements resulting from application
of the provisions of this Chapter to the entire building or structure
as modified.
3.
When a building or structure undergoes any increase in number of
dwelling units, gross floor area, seating capacity, or other unit
of measurement specified hereinafter for required off-street parking
or loading facilities, and further, when said increase would result
in a requirement for additional total off-street parking or loading
spaces through application of the provisions of this Chapter, parking
and loading facilities should be increased so that the facilities
would at least equal or exceed the off-street parking or loading requirements
resulting from application of the provisions of this Chapter to the
entire building or structure as modified.
C.
Existing Off-Street Parking And Loading Spaces. Accessory
off-street parking and loading spaces in existence on the effective
date of the Zoning Code may not be reduced in number unless already
exceeding the requirements of this Section for equivalent new construction;
in which event, said spaces shall not be reduced below the number
required herein for such equivalent new construction.
D.
Schedule Of Requirements.
1.
Tables for required off-street parking and loading. Requirements governing the number and location of off-street parking,
off-street loading facilities in relation to the use of property are
established hereinafter in Subsections of this report. The off-street
parking and loading requirements for any use not specified therein
shall be the same as for similar specified uses, as determined below.
2.
Floor area. The term "floor area" as employed in this Section means the gross floor area of a building
or structure used for or intended to be used for service to the public
as customers, patrons, clients, patients, or tenants, including areas
occupied by fixtures and equipment used for display of any sale of
merchandise.
"Floor area" for the purposes of this Section
shall not include any floor space used for:
[R.O. 2011 §400.190; CC 1974 §43.435]
A.
Use Of Off-Street Parking Facilities. Off-street parking
facilities accessory to residential use and developed in any residential
district in accordance with the requirements of this Section shall
be used solely for the parking of passenger automobiles or commercial
vehicles of not more than one (1) ton GVW owned by occupants of the
dwelling structures to which such facilities are accessory or by guests
of said occupants.
B.
Joint Parking Facilities. Off-street parking facilities
for different buildings, structures, or uses, or for mixed uses, may
be provided collectively in any zoning district in which separate
off-street parking facilities for each constituent use would be permitted,
provided that the total number of spaces so located together are not
less than the sum of the separate requirements for each use and not
more than three hundred (300) feet from the lot on which the main
building is located.
In any case where the required parking spaces are not located
on the same lot with the building or use served, or where such spaces
are collectively or jointly provided and used, a written agreement
thereto assuring their retention for such purposes, shall be properly
drawn and executed by the parties concerned, approved as to form and
execution by the City Attorney, and shall be filed with the application
for a building permit.
C.
Not
more than fifty percent (50%) of the parking spaces required for:
1.
Theaters, and places of amusement, and up to one hundred percent
(100%) of the parking spaces required for a church or school may be
provided and used jointly by
2.
Banks, office, retail shops, service establishments, and similar uses not normally open, used, or operated during the same hours as those listed in Subsection (B); provided however, that written agreement, assuring the retention for such purpose, should be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney, and should be filed with the application for a building permit.
D.
Control Of Off-Site Facilities. When required accessory
off-street parking facilities are provided elsewhere than on the lot
on which the principal use served is located, they shall be in the
same possession, either by deed or long-term lease, as the property
occupied by such principal use, and the owner shall be bound by covenants
filed of record in the office of the City Clerk, requiring the owner
and his/her heirs and assigns to maintain the required number of off-street
parking spaces during the existence of the principal use.
E.
Permitted Districts For Accessory Parking. Accessory parking
facilities provided elsewhere than on the same zoning lot with the
principal use served in accordance with the requirements below, may
be located in any zoning district except as follows:
No parking facilities accessory to a business or manufacturing
use shall be located in a residential district except where authorized
by the Board of Aldermen as prescribed hereinafter.
F.
Non-Residential Parking In Residential Districts. Accessory
off-street parking facilities serving non-residential uses of property
may be permitted in any "R" District, when authorized by the Board
of Aldermen after review and study by the Planning Commission, subject
to the following requirements in addition to all other relevant requirements.
1.
The parking lot shall be accessory to, and for use in connection
with, one (1) or more non-residential establishments located in adjoining
districts or in connection with one (1) or more existing professional
or institutional office buildings or institutions, if the parking
lot proposed is within three hundred (300) feet of the non-residential
use which it is to serve.
2.
The parking lot shall be used solely for the parking of passenger
automobiles.
3.
No commercial repair work or service of any kind shall be conducted
on the parking lot.
4.
No sign of any kind other than signs designating entrances, exits,
and conditions of use, shall be maintained on the parking lot, and
shall not exceed twenty (20) square feet in area.
5.
The parking lot may be open from 7:00 A.M. to 9:00 P.M. and shall
be closed at all other times; provided however, that when supervised
by one (1) or more full-time attendants, the parking lot may be kept
open until 12:00 Midnight. Parking lot lights shall be turned off
when the lot closes.
6.
Each entrance to and exit from the parking lot shall be at least
twenty (20) feet distant from any adjacent property located in any
residential district, except where ingress and egress to the parking
lot is provided from a public alley or public way separating the residential
areas from the proposed parking lot.
7.
In addition to the foregoing requirements, such parking lots shall
conform to any further requirements and conditions as may be prescribed
by the Board of Aldermen for the protection of properties adjacent
to and in the vicinity of the proposed parking lot.
G.
Design And Maintenance.
1.
Parking space — description. A required off-street
parking space shall be an area of not less than one hundred eighty
(180) square feet nor less than nine (9) feet wide by twenty (20)
feet long measured perpendicularly to the sides of the parking space
exclusive of access drives or aisles, ramps, columns, or office and
work areas, accessible from streets or alleys or from private driveways
or aisles leading to streets or alleys and to be used for the storage
or parking of passenger automobiles or commercial vehicles under one
and one-half (1½) ton capacity. Aisles between vehicular parking
spaces should be not less than twelve (12) feet in width when serving
automobiles parked at a forty-five degree (45°) angle in one direction
nor less than twenty-five (25) feet in width when serving automobiles
parked perpendicularly.
2.
Measurement of space when determination of the number of required
off-street parking spaces results in a requirement of a fractional
space, any fraction up to and including one-half (½) shall
be disregarded, and fractions over one-half (½) should be interpreted
as one (1) parking space.
3.
Access. Parking facilities shall be designed with
appropriate means of vehicular access to a street or alley in such
a manner as will least interfere with the movement of traffic and
so designed as to permit adequate maneuvering area for vehicles to
turnaround where only one (1) entry or exit is provided in order that
no backing of vehicles into the street is required. No driveway or
curb cut in any district should exceed twenty-five (25) feet in width.
4.
Signs. No signs shall be displayed in any parking
area within any residential district, except such as may be necessary
for the orderly use of the parking facilities.
5.
Striping. All parking spaces shall be properly marked
by durable paint in stripes a minimum of four (4) inches wide and
extending the length of the parking space.
6.
Required setbacks. No parking space nor portion
thereof established on the same zoning lot with a building shall be
located within a required front yard. No parking spaces nor portion
thereof established on a zoning lot without a building should be located
closer to any street line than the established building line on adjacent
properties nor closer than the front yard setback required for the
district in which the parking lot is located. Further, any wall, fence,
or hedge developed around any parking area should be subject to the
front yard setback requirements of this Chapter in the same manner
as a building or structure.
7.
Surfacing. All open off-street parking areas, except
those accessory to one-family dwellings, shall be improved with a
compacted macadam base, not less than four (4) inches thick, surfaced
with not less than one and one-half (1½) inches of asphaltic
concrete or some other comparable all-weather dustless material.
8.
Lighting. Any lighting used to illuminate an off-street
parking area shall be arranged so as to reflect the light away from
all adjoining properties.
9.
Storm water. Adequate storm water drainage facilities
shall be installed in order to ensure that storm water does not flow
onto abutting property or abutting sidewalks in such a way or quantity
that pedestrians using the sidewalk would be detrimentally affected
or inconvenienced. The City Engineer shall approve all such facilities.
[R.O. 2011 §400.200; CC 1974 §43.440]
A.
Extent Of Control. Off-street automobile parking facilities
should be located as hereinafter specified; where a distance is specified,
such distance should be walking distance measured from the nearest
point of the parking area to the nearest entrance of the building
that the parking area is required to serve.
1.
For one- and two-family dwellings. On the same
lot with the building they are required to serve.
2.
For three- and four-family dwellings. Not over two
(2) stories in height, row dwellings, not over one and one-half (1½)
stories in height. On the same lot or parcel of land as the building
they are required to serve. For the purpose of this requirement, a
group of such uses constructed and maintained under a single ownership
or management should be assumed to be on a single lot or parcel of
land.
3.
For apartment houses containing four (4) or more dwelling
units. On the same lot or parcel of land as the building
they are required to service, or on a separate lot or parcel of land
not more than three hundred (300) feet from the nearest entrance to
the main building being served, provided the lot or parcel of land
selected for the parking facilities is located in a multiple-family
district or a less restricted district.
4.
For clubs, hospitals, sanitariums, orphanages, homes for
the aged, convalescent homes, and for other similar uses. The off-street parking facilities required should be on the same
lot or parcel of land as the main building or buildings being served,
or upon properties contiguous to the zoning lot upon which is located
the building or buildings they are intended to serve.
5.
For uses other than those specified above, off-street parking facilities
should be provided on the same lot or parcel of land as the main building
being served, or on a separate lot or parcel of land not over one
thousand (1,000) feet from any entrance of the main building measured
from the nearest point of the parking area, provided the separate
lot or parcel of land intended for the parking facilities is located
in the same district as the principal permitted use or in a less restricted
district.
[R.O. 2011 §400.210; CC 1974 §43.445]
A.
Off-street
parking requirements are as follows:
1.
One- and two-family dwellings. One (1) parking space
for each family dwelling unit, behind the building line.
2.
Three or more family dwellings. One and one-half
(1½) parking space for each family dwelling unit.
3.
Bowling alleys, recreation centers, swimming pools, skating
rinks, and other recreation and amusement facilities. One
(1) parking space for every five (5) customers computed on the basis
of maximum servicing capacity at any one time plus one (1) additional
space for every two (2) persons regularly employed on the premises.
4.
Club houses and permanent meeting places of veterans, business,
civic, fraternal, labor, and similar organizations. One (1)
parking space for every fifty (50) square feet of aggregate floor
area in the auditorium, assembly hall and dining room of such building
plus one (1) additional space for every two (2) persons regularly
employed on the premises.
5.
Funeral homes and undertaking establishments. Parking
or storage space for all vehicles used directly in the conduct of
the business plus one (1) parking space for every two (2) persons
regularly employed on the premises and one (1) space for every four
(4) seats in the auditorium or chapel of such establishment.
6.
Hospitals. One (1) parking space for each bed intended
for patients, excluding bassinets, plus one (1) per doctor plus one
(1) per three (3) employees plus one (1) per hospital vehicle.
7.
House trailers. One (1) parking space for each trailer
used for dwelling or sleeping purposes.
8.
Indoor retail businesses. Parking or storage space
for all vehicles used directly in the conduct of such business plus
three (3) parking spaces for the first (1st) one thousand (1,000)
square feet of total area and one (1) additional space for every additional
two hundred (200) square feet of floor area.
9.
Industrial plants and facilities. Parking or storage
space for all vehicles used directly in the conduct of such industrial
use plus one (1) parking space for every two (2) employees on the
premises at maximum employment on a single shift.
10.
Junior and senior high schools. One (1) parking
space for every eight (8) seats available at maximum capacity in the
assembly hall, auditorium, stadium, or gymnasium of greatest capacity
on the school grounds or campus. If the school has no assembly hall,
auditorium, stadium, or gymnasium, one (1) parking space should be
provided for each person regularly employed at such school plus two
(2) additional spaces for each classroom.
11.
Libraries, museums, post offices, and similar establishments. Parking or storage space for all vehicles used directly in the operation
of such establishments plus three (3) parking spaces for the first
(1st) one thousand (1,000) square feet of total floor area and one
(1) additional space for every additional two hundred (200) square
feet of floor area.
12.
Medical and dental clinics. Three (3) parking spaces
for each doctor plus one (1) additional space for every two (2) regularly
employed.
13.
Nursing homes. One (1) parking space for every two (2) beds occupied at maximum capacity, plus one (1) space for every two (2) regular employees. This requirement is in addition to the parking space requirements for hospitals set forth in Section 400.180.
14.
Offices. One (1) parking space for every three hundred
(300) square feet of office space.
15.
Outdoor retail businesses. Parking or storage space
for all vehicles used directly in the conduct of such business plus
two (2) parking spaces for each person employed on the premises based
on maximum seasonal employment and such additional space as may be
required by the Planning Commission based on the nature of the business
and other relevant factors.
16.
Public and private elementary schools. One (1) parking
space for each person regularly employed at such school, plus one
(1) additional space for each classroom.
17.
Public garages. Indoor or outdoor parking or storage
space for all vehicles used directly in the conduct of such business
plus three (3) parking spaces for each person regularly employed on
the premises.
18.
Repair shops, plumbing shops, electrical shops, roofing shops,
and other service establishments. Parking or storage space
for all vehicles used directly in the conduct of the business plus
two (2) parking spaces for each person regularly employed on the premises.
19.
Restaurants and other eating and drinking establishments. One (1) parking space for every two hundred (200) feet of total
floor area.
20.
Self-service laundries. One (1) parking space for
every two (2) washing machines.
21.
Service stations. Parking or storage space for all
vehicles used directly in the conduct of the business plus one (1)
parking space for each gas pump, three (3) spaces for each grease
rack or similar facility, and one (1) space for every two (2) persons
employed on the premises at maximum employment on a single shift.
22.
Theaters, auditoriums, churches, stadiums, civic centers,
and other places of public assembly. One (1) parking space
for every six (6) seats available at maximum capacity.
23.
Motels and hotels. One and one-half (1½)
parking spaces for each sleeping room offered for tourist accommodation
plus one (1) space for each dwelling unit on the premises.
24.
Transportation terminals. One (1) parking space
for every one hundred (100) square feet of waiting room space.
25.
Universities, colleges, junior colleges, technical schools,
and academies, and similar institutions of higher learning. One (1) parking space for every six (6) seats occupied at maximum
capacity in the assembly hall, auditorium, stadium, or gymnasium of
greatest capacity on the campus. If the institution has no assembly
hall, auditorium, stadium, or gymnasium, one (1) parking space should
be provided for each person regularly employed at such institution
plus five (5) additional spaces for each classroom.
26.
Warehouses, freight terminals, and trucking terminals. Parking or storage space for all vehicles used directly in the conduct
of such business plus two (2) parking spaces for each person regularly
employed on the premises.
27.
Wholesale businesses. Parking or storage space for
all vehicles used directly in the conduct of such business plus two
(2) parking spaces for each person employed on the premises based
on maximum seasonal employment.
[R.O. 2011 §400.220; CC 1974 §43.450]
A.
Design.
1.
Loading berth — description. An off-street
loading berth shall be a hard surfaced area of land, open or enclosed,
other than a street or public way, used principally for the standing,
loading, or unloading of motor trucks, tractors, and trailers so as
to avoid undue interference with the public use of streets and alleys.
2.
Location. No permitted or required loading berth
shall be closer than fifty (50) feet to any property in a residential
district unless completely enclosed by building walls, or a uniformly
painted solid fence or wall, or any combination thereof not less than
six (6) feet in height. No permitted or required loading berth should
be located within twenty-five (25) feet of the nearest point of intersection
of any two (2) streets. Loading berths open to the sky may be located
in any required yards.
3.
Measurement of berth. When determination of the
number of required off-street loading berths results in a requirement
of a fractional berth, any fraction up to and including one-half (½)
shall be disregarded, and fractions over one-half (½) shall
be interpreted as one (1) loading berth.
4.
Surfacing. All open off-street loading berths shall
be improved with a compacted macadam base, not less than seven (7)
inches thick, surfaced with not less than two (2) inches of asphaltic
concrete or some comparable all-weather dustless material.
B.
Every
building or structure used for business, trade, or industry should
provide adequate space for the loading and unloading of vehicles off
the street or public alley. Such space should have access to a public
alley or, if there is no alley, to a street. Off-street loading and
unloading space should be in addition to and not considered as meeting
a part of the requirements for off-street parking space. Off-street
loading and unloading space should not be used or designated, intended
or constructed to be used in a manner to obstruct or interfere with
the free use of any street, alley, or adjoining property. At least
the following off-street loading and unloading space requirements
for specific uses shall be provided:
1.
Retail businesses and service establishments. One
(1) off-street loading and unloading space at least twelve (12) feet
by thirty-five (35) feet for every three thousand (3,000) square feet
of total floor area.
2.
Industrial plants. One (1) off-street loading and
unloading space at least twelve (12) feet by fifty (50) feet for every
ten thousand (10,000) square feet of total floor area.
3.
Warehouses and wholesale storage facilities. One
(1) off-street loading and unloading space at least twelve (12) feet
by fifty (50) feet for every seven thousand five hundred (7,500) square
feet of total floor area.
4.
Freight terminals and trucking terminals. One (1)
off-street loading and unloading space at least twelve (12) feet by
fifty (50) feet for every five thousand (5,000) square feet of total
floor area.
[R.O. 2011 §400.230; CC 1974 §43.455]
A.
The
owner or owners of any tract of land in any district zoned for residential
purposes comprising an area of not less than four (4) acres may submit
to the Board of Aldermen a plan for the use and development of all
of such tract of land for residential purposes. Such development plan
should be referred to the Planning Commission for study and report
and for public hearing, all to be completed by the Planning Commission
within sixty (60) days from the date such plan is referred to it.
B.
If
the Planning Commission approves the development plan, it may then
be approved by the Board of Aldermen after public hearing and fifteen
(15) days notice giving time and place and purpose in a newspaper
circulated in the City, and zoning certificates, building permits
and certificates of occupancy issued therefor, even though the use
of land and the use and location of structures do not conform to all
the regulations contained in other Sections of this Chapter. Such
development plan should not be approved except under the following
conditions:
1.
Under the development plan, the property adjacent to the area included
in the plan is properly safeguarded.
2.
The plan is consistent with the intent and purpose of this Chapter
to promote public health, safety, morals, and general welfare.
3.
The buildings should be used only for residential purposes and the
usual accessory uses, such as garages, storage space, and community
activities, including churches.
4.
The average lot area per family contained in the site, exclusive
of the area occupied by streets, should not be less than the lot area
per family of the zoning district in which the development is located.
5.
At least two hundred fifty (250) square feet of area per family unit
be set aside and maintained for playground recreation area.
6.
Assurance should be required from the developer that the project
will be used for the specified purposes and the City's Board of Aldermen
may require an agreement restricting the area to such uses.
