[Amended 8-20-1958]
In each district as established by § 197-2, the use of the land, structures and premises shall be regulated as set forth in the Table of Regulations, incorporated herein as Article VIII, and as further regulated hereinafter. Only those uses listed under each district in the Tables of Regulations by name or by reference to another district shall be permitted in said district.
[Added 3-5-1980 by L.L. No. 3-1980; amended 6-15-1988 by L.L. No. 10-1988]
No land, building or structure located in an area of special flood hazard shall be developed, altered, extended, converted or enlarged within the area of special flood hazard except in compliance with the requirements of Chapter 100 of this Code.
[Amended 9-21-1960; 4-1-1964 by Ord. No. 3-1964; 10-18-1972 by Ord. No. 2-1972; 6-16-1976 by Ord. No. 8-1976; 10-4-1978 by Ord. No. 3-1978; 11-15-1989 by L.L. No. 13-1989; 4-3-1991 by L.L. No. 4-1991; 12-18-1991 by L.L. No. 26-1991; 11-20-1996 by L.L. No. 10-1996]
A. 
A site development plan for the entire lot shall be approved by the Planning Commission in the same manner as prescribed by the City of Rye for the approval of a subdivision, except as provided for in Subsection C of this section, in conjunction with the following:
(1) 
The construction or establishment of the following structures or uses, or their enlargement, extension or change in such a manner as to increase the ratio of floor area to lot area by 10% or more above that existing on January 1, 1964, or in such a manner as to affect required additional off-street parking or access from streets to the premises, or design of interiors, entrances, exits or hallways of buildings to accommodate additional occupancies or changes of occupancy:
(a) 
A residential use involving the housing of three or more families on one lot or a residential care facility.
(b) 
A nonresidential use or structure or a group of uses or structures aggregating more than 1,000 square feet of gross floor or land area.
(c) 
A nonresidential use of vacant land as a main use on a lot.
(d) 
Any use of a lot containing land created by the filling of a wetland or watercourse where a permit for such filling and a site plan were not required at the time such land was created, as is provided for in Subsection A(2)[1] of this section and Section 8-4.1 of the General Ordinances of the City.
[1]
Editor's Note: Former Subsection A2, which immediately followed this subsection and listed conditions to be considered by the Planning Commission prior to taking action on a dredging permit and joint site plan application, was repealed 12-18-1991 by L.L. No. 26-1991.
B. 
The Planning Commission may require as a condition of approval such modifications of a site plan and/or permit as it deems necessary to ensure compliance with the spirit as well as the letter of this chapter. Such conditions may include those authorized by §§ 117-9 and 170-18 of this Code. No building permit or certificate of occupancy shall be issued for development or use of such property except in conformity with the approved site development plan. In addition, the Commission may authorize such development to be undertaken in stages, provided that each stage and any combination of stages would, upon completion, constitute an appropriate development of the site.
C. 
In the case of a lot with a legally existing building for which a site development plan was not required at the time it was constructed or last modified, the owner or applicant need not apply for preliminary site development plan approval and may apply directly for final site development plan approval. Upon receipt of a complete application for final site plan approval, submitted as provided for in this subsection, the City Planner may schedule the application for a public hearing at the next regular meeting of the Planning Commission.
The construction or remodeling of a structure or group of structures housing three or more families on one lot shall be subject to the following requirements:
A. 
No building shall contain more than six dwelling units on each floor, nor exceed 120 feet in maximum horizontal dimension.
[Amended 10-24-1963 by Ord. No. 7-1963]
B. 
Each dwelling unit shall have access to a secondary service entrance to the building within which it is located, if primary access to the dwelling unit is through a main entrance to the building serving several dwelling units in the building.
[Amended 2-7-1990 by Ord. No. 2-1990]
C. 
There shall be garage or parking space as required by § 197-28. In order that some of these spaces may be convenient for use by visitors as well as occupants, 1/2 of the required car spaces shall be directly accessible and within 100 feet by the normal approach from the street to the main entrance of the residential building they serve. At least 2/3 of the required car spaces shall be outdoor spaces. However, the Planning Commission, when acting on a particular site plan, may approve covered or garage parking up to 2/3 of the required car spaces if it finds that the design and location of such spaces is such that it is reasonable to expect that visitors and occupants will actually park their cars there in normal usage, except when a particular site abuts the B-2 Central Business District all spaces may be coverage or garaged.
[Amended 4-1-1964 by Ord. No. 4-1964; 7-17-1996 by L.L. No. 6-1996]
D. 
The Planning Commission may modify the requirements of Subsections A and C of this section where in its judgment it deems such modifications desirable and appropriate because of the characteristics of the specific site, such as topography, size, shape and location thereof.
[Added 5-7-1969 by Ord. No. 1-1969]
E. 
If the Planning Commission finds that a general surface water problem in the vicinity of a site can be improved by incorporating the surface water runoff from the proposed site improvements and the surface water runoff in the vicinity of the site into a single stormwater retention facility, it may reduce the required front, side and rear yards specified in the Table of Regulations for RA Apartment Districts, but to no less than the requirements for the next-less-restrictive RA Apartment District, to properly locate the buildings, parking and the stormwater retention facility.
[Added 2-20-1980 by L.L. No. 2-1980]
[Added 12-2-2015 by L.L. No. 1-2016]
A. 
Limitations on occupancy.
(1) 
The occupancy of residential units within the Active Senior Residence Zone shall be limited to:
(a) 
A single person 55 years of age or older;
(b) 
Two or three persons, all of whom are 55 years of age or older;
(c) 
A married couple, live-in companion, or partner, one of which is 55 years of age or older;
(d) 
The surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death;
(e) 
One adult 18 years of age or older residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State
(2) 
Persons under the age of 55 not specifically permitted to be occupants shall not be permitted to be permanent residents of dwelling units. For the purposes of this section, a "permanent resident" shall mean any person who resides within the dwelling for more than three consecutive weeks or in excess of 30 days in any calendar year, or has listed the residence as an abode for any purpose whatsoever, including, but not limited to, enrollment in public or private schools. Temporary occupancy by guests of families shall be permitted, provided that such occupancy does not exceed a total of 30 days in any calendar year.
(3) 
Notwithstanding the foregoing, one dwelling unit within the community may be set aside to be occupied by a superintendent or building manager, to which the limitations on occupancy set forth above shall not apply.
(4) 
The limitations on occupancy shall be included in the marketing materials for the development as well as within the rules and regulations or terms of any leases, bylaws or covenants and restrictions for the development. Violations of the limitations on occupancy shall be enforceable by the City of Rye Building Inspector against the owner or lessee or the agent of any of them and shall be punishable by a fine of $250 per day or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. Exceptions to these regulations shall be granted if any limitations are determined to be in violation of any state or federal law.
(5) 
The Planning Commission shall have the right to require that the owner execute agreements and covenants as it may deem to be required during any site plan approval process as it may reasonably deem to be required to ensure compliance with the stated intent of this section. Said agreements or covenants shall be recorded in the office of the Westchester County Clerk and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the City Council.
B. 
Site development
(1) 
At least 80% of the required parking for the development shall be provided in a covered parking structure within the basement level of the principal structure(s).
(2) 
For any corner lot abutting Boston Post Road or Old Post Road, the front lot line of the lot shall be Boston Post Road or Old Post Road for purposes of the applicable front yard setback, irrespective of building arrangement. The provisions of § 197-52 shall not apply to properties in the RA-6 Zone.
(3) 
The provisions of § 197-8A and C shall not apply to properties in the RA-6 Zone.
(4) 
A landscaping buffer a minimum of 10 feet wide shall be required to be provided around the perimeter of the site.
(5) 
A maximum building coverage of 35% shall be permitted.
C. 
Capital improvement contribution.
(1) 
The City Council has found that projects of the size and scope as reasonably anticipated to be developed within this zoning district will result in additional demands upon City infrastructure and community facilities. The City Council has found that, to effect an equitable balancing of the costs associated with the infrastructure and facility needs, there should be a fair assessment of a financial "capital improvement contribution" from new development under this zoning district.
(2) 
The capital improvement contribution for any new development proposed within this zoning district shall be $10,000 per new dwelling unit.
(3) 
The capital improvement contribution shall be a one-time fee paid by the property owner and/or developer at the time a building permit is issued and shall be calculated based on the amount of new dwelling units approved in such application.
(4) 
The provisions of this section shall apply to any new development or additions to any existing development within this zoning district.
(5) 
Any capital improvement contributions collected under this section shall be used by the City solely for the purpose of capital improvements to offset the additional demands and impacts relating to approved Active Senior Residence applications.
[Amended 10-24-1963 by Ord. No. 7-1963; 6-18-1968 by Ord. No. 3-1968; 4-3-1985 by L.L. No. 3-1985; 10-8-1997 by L.L. No. 12-1997]
A. 
Residence districts. Permitted accessory uses, except wireless telecommunications facilities as set forth in Subsection A(5) of this subsection, shall be limited to uses not only customarily incidental to, but in fact accessory to and a minor part of, a permitted main use, and subject to the following specific provisions:
(1) 
No private way or walk giving access to a use not permitted in the district shall be permitted as an accessory use in any district.
(2) 
No portions of a detached garage or other accessory structure shall be provided with cooking facilities or otherwise equipped as a housekeeping unit except for occupancy by domestic employees of the owners or tenants of the main building. Any such accessory building so used shall have the same front, side and rear yards as are required of a principal residential building in that district.
(3) 
Garage space or current parking space may be provided for two motor vehicles on any lot. In an R-1 to RT District inclusive, space for one additional motor vehicle may be provided for each 3,000 square feet by which the area of the lot exceeds 5,000 square feet; but a garage for more than five vehicles shall be at least 50 feet from every lot line. Not more than one commercial vehicle and not exceeding one-half-ton weight or capacity may be currently parked or garaged on any lot, except that farms or truck gardens are not subject to this limitation. Space for one noncommercial vehicle may be rented to persons not resident on the same lot. The above provisions apply also to private stables, one horse being considered as the equivalent of two motor vehicles. In an RA-1, RA-2, RA-3 or RA-4 District, there may be accessory garage space not over one story high for one car for each dwelling unit on the lot, but no such building shall be within 10 feet of any lot line.
(4) 
A satellite earth station dish antenna that is an incidental and accessory use to the permitted main residence and is for the exclusive use of the occupants of the residence and their guests may be permitted by the Board of Architectural Review, subject to the following conditions:
(a) 
It shall be located in the rear yard.
(b) 
It shall be ground-mounted.
(c) 
It shall be set back from side and rear property lines at least 20 feet in R-1 Districts and 15 feet in all other districts.
(d) 
The overall height, measured from the average natural grade to the highest part of the dish antenna, and width and depth of the dish antenna shall each not exceed 15 feet.
(e) 
It shall be screened, including accessory equipment, from the view of the street and abutting residentially zoned properties by a ten-foot-wide landscaping strip planted and maintained with at least a double row of alternately spaced evergreens, with an actual height of at least six feet above the natural grade when installed. The Board of Architectural Review may, in appropriate cases, approve alternative landscaping for the same reasons as set forth for alternate landscaping for pools and courts in § 53-5D(1) through (6) of this Code. In addition, the Board of Architectural Review may, upon a showing by the applicant that the required landscaping screen will significantly diminish the reception capacity of the dish antenna, modify or vary the landscaping requirements, but only to the extent that the modification or variation will not be inconsistent with the spirit and intent of this section or be less protective of the view from abutting properties.
(5) 
Wireless telecommunications facilities are subject to the requirements of Chapter 196, Wireless Telecommunications Facilities, of this Code.
B. 
Business and Coastal Zone districts.
(1) 
Wireless telecommunications facilities are subject to the requirements of Chapter 196, Wireless Telecommunications Facilities, of this Code.
(2) 
Accessory uses permitted in these districts are found elsewhere in this chapter.
C. 
Public buildings and property in all districts. (Reserved)
[Amended 7-17-1957; 7-20-1960]
A. 
The uses indicated in Column 2 of the Table of Regulations made a part hereof, entitled "Uses Permitted Subject to Additional Standards and Requirements," are permitted as follows: Upon receipt of an application for any such use by the Building Inspector, he shall refer such application to the Planning Commission of the City at its next regular meeting. The Planning Commission, after public notice and hearing, shall within 90 days thereafter file with the Building Inspector a report on such application so referred to it. The Planning Commission shall, in each such case, give consideration and effect to the objectives set forth in Subdivisions 24 and 25 of § 20 of the General City Law, and it shall give consideration to and make findings as to whether the following conditions prevail:
(1) 
In a residence district the proposed use will serve a community need or convenience.
(2) 
The proposed use will be appropriate in the proposed location and will have no material adverse effect on existing or prospective conforming development, and the proposed site is adequate in size for the use.
(3) 
In cases where conversion is proposed of a structure designed and built originally for other uses, the structure will be adaptable.
(4) 
The proposed use will be provided with adequate off-street parking to meet its needs, properly screened from adjoining residential uses, and entrance and exit drives are to be laid out to minimize traffic hazards and nuisance.
(5) 
The potential generation of traffic will be within the reasonable capacity of the existing or planned streets and highways providing access to the site.
(6) 
There are available adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent that may be caused or created by or as a result of the use.
(7) 
In a Coastal Zone District, a conventional subdivision or a subdivision lot grouped pursuant to § 197-39 will accomplish the following:
[Added 6-19-1991 by L.L. No. 13-1991]
(a) 
All wetlands and floodplains shall be preserved.
(b) 
All buildings and facilities shall be so arranged as to preserve to the maximum extent practical, the view of the shoreline from public streets.
(c) 
Where any development borders the waterfront there shall be a one-hundred-foot-wide strip of land along the waterfront which shall not include any area of the site below mean sea level or beyond the upland property line, whichever is most protective of proper drainage, flood protection and edge effect along the waterfront.
B. 
The Commission, in its report, shall also recommend in appropriate instances whether the maximum size of the establishment in the number of employees, square feet of floor space, number and size of dwelling units or other appropriate measure should be limited, and also the extent of any such limitation required in order to limit the potential generation of traffic, to limit the impact upon the community of other consequences of the establishment of such a use and to minimize potentially adverse effects.
[Amended 5-7-1969 by Ord. No. 1-1969]
C. 
Upon receipt by the Building Inspector of such report of the Planning Commission showing that said conditions in Subsection A(1) to (6) inclusive prevail, as well as its recommendations as to appropriate conditions and safeguards, and upon compliance by the applicant with the applicable standards and requirements set forth in said Table of Regulations and in §§ 197-11, 197-12 and 197-84 hereof and the provisions of the Building Code of the City[1] and the provisions of any other applicable laws and ordinances, the applicant shall, upon the payment of any fee prescribed therefor, be entitled to a building permit or certificate of compliance, as the case may be, from the Building Inspector, subject to the recommended conditions and safeguards. In the event that the Planning Commission shall not make a finding that any of the above-enumerated conditions in Subsection A(1) to (6) inclusive prevail, the Building Inspector shall refuse to issue a building permit or certificate of compliance, as the case requires.
[1]
Editor's Note: See Ch. 68, Building Construction.
D. 
If the Building Inspector, after considering the report and recommendations of the Planning Commission, issues the permit applied for or if he refuses to issue such permit, then in either of such cases any person aggrieved by such determination and action of the Building Inspector in issuing or refusing to issue such permit may take an appeal from the Building Inspector's decision and action to the Board of Appeals as provided in § 197-81 within such period of time as is prescribed by such Board by general rule and as provided in § 81 of the General City Law. Said Board is hereby authorized and empowered in such cases to hear and fully decide and dispose of such matter with the same force and effect as if this chapter required it in the first instance to pass upon and approve or disapprove any such application under this section. Said Board of Appeals, in making its decision, may adopt, modify or reject any of the findings of the Planning Commission and may make new and/or additional findings. Such Board may reverse or affirm, wholly or partly, or may modify the decision and action of the Building Inspector appealed from.
[Amended 9-18-1957; 7-20-1960]
Office buildings permitted in B-4 Districts subject to additional standards and requirements shall also conform to the standards and requirements listed hereinafter:
A. 
Procedure. The site development plan, concerning which the Planning Commission shall make its recommendation prior to the issuance of a permit therefor by the Building Inspector, shall show all proposed main and accessory buildings and use of land, including parking and roads, and uses of floor space, and shall be accompanied by sufficient data to permit determination of compliance with the regulations and requirements. Any subsequent change, alteration or addition in the use of land or buildings shall require a new application.
[Amended 9-18-1957]
B. 
Standards and requirements.
[Amended 9-18-1957; 7-20-1960; 10-4-1961 by Ord. No. 14-1961; 4-1-1964 by Ord. No. 5-1964; 8-21-1974 by L.L. No. 4-1974; 4-7-1982 by L.L. No. 6-1982; 1-20-1999 by L.L. No. 2-1999]
(1) 
Access and service roads from existing streets or highways shall properly relate to the public street and highway system so as to avoid unsafe conditions and traffic congestion.
(2) 
Parking space shall be provided on the lot in conformity with the provisions of §§ 197-26 to 197-31 inclusive, except that such parking areas shall be effectively screened from nearby residence districts by walls, fences or landscaping properly maintained and shall be set back at least 50 feet from all street and side and rear lot lines, but between adjoining office building developments, permanent arrangements for a lesser distance than 50 feet may be approved.
(3) 
Signs shall be subject to the regulations provided in Chapter 165, Signs. There shall be no unshaded light sources, nor shall there be other illumination such as will be detrimental to any nearby residential districts. Necessary safety lighting of roads and buildings and necessary directional signs shall be permitted.
(4) 
Laboratories for limited scientific research and testing, consisting of rooms in which are located apparatus for studying or testing of physical or chemical properties of substances only in small quantities, may be permitted as accessory to office uses, provided that such laboratories occupy less than 25% of the aggregate floor area of the establishment, involve no more than 1/3 of all persons employed and normally present on the site and do not involve operations or machinery prohibited in a B-6 District.
(5) 
The following specific prohibitions shall apply particularly to any uses that may be permitted:
(a) 
No operation or process shall be permitted which creates smoke, dust, dirt, fly ash, noise, glare, heat, odor, gases, vibration, electrical radiation or interference or any other evidence of potential nuisance which is detectable at the property line at levels objectionable or inappropriate in a residential area.
(b) 
No operation or process shall be permitted that makes excessive demands upon the water supply, stormwater drains, sewerage or sewage disposal systems of the community due to character or amount, unless provision is made by the developer to meet any off-site costs necessary to meet such demands.
(6) 
Yard requirements may be reduced or waived for any portion of the site adjoining a railroad or limited access highway right-of-way, and side or rear yards may be reduced to no less than 25 feet for any portion of the site adjoining land in B-5 or B-6 Districts or similar districts in an adjoining municipality if the Planning Commission, in its report, finds that such waiver will not be contrary to the general intent of this chapter and will produce a more efficient site plan.
[Amended 9-18-1957; 7-20-1960]
All uses permitted in B-5 Districts subject to additional standards and requirements, except those also permitted in R-2 Districts, shall also conform to the standards and requirements listed hereinafter:
A. 
Procedure. The procedure followed for approval of the site development plan shall be the same as required for office buildings in § 197-11A.
B. 
Standards and requirements.
[Amended 4-1-1964 by Ord. No. 5-1964; 4-7-1982 by L.L. No. 6-1982]
(1) 
The standards and requirements of § 197-11B(1), (2), (3), (5) and (6) shall apply.
(2) 
No building located nearer than 100 feet to a street line facing a residential district shall have a maximum horizontal dimension greater than 120 feet or shall be located closer than 60 feet to any part of any other building that is nearer than 100 feet to a street line facing a residence district.
C. 
Nothing shall prohibit two or more principal uses on any one property within the B-5 District, provided all applicable standards and requirements are met pursuant to this chapter.
[Added 1-6-2021 by L.L. No. 1-2021]
D. 
Primary access to sites improved with one or more uses subject additional standards and requirements, including all access for delivery vehicles, shall be from a state or county highway.
[Added 1-6-2021 by L.L. No. 1-2021]
E. 
The use shall be properly screened from adjacent residential districts using existing and proposed vegetation or other appropriate landscaping, as determined by the Planning Commission.
[Added 1-6-2021 by L.L. No. 1-2021]
[Amended 10-8-1997 by L.L. No. 12-1997]
Wireless telecommunications facilities in B-4, B-5 and B-6 Districts are subject to additional standards and requirements as set forth in § 197-10, site development plan review as set forth in § 197-7 and the requirements of Chapter 196, Wireless Telecommunications Facilities, of this Code.
[1]
Editor's Note: Former § 197-12.1, Variable-height office buildings, added 4-7-1982 by L.L. No. 6-1982, was repealed 5-17-1989 by L.L. No. 7-1989.
[Added 10-24-1963 by Ord. No. 7-1963]
Variable height apartment developments permitted in RA-4 Districts subject to additional standards and requirements shall also conform to the standards and requirements listed hereinafter:
A. 
In addition to the findings required by § 197-10, the Planning Commission shall give consideration to and make findings as to whether the following conditions prevail:
(1) 
The topography and natural features of the site make it particularly suitable for such development.
(2) 
The design of the development, including buildings and landscaping, is such as to be in harmony with the prevailing character of the neighborhood.
B. 
The maximum height of apartment houses shall not exceed 45 feet or four stories. The average height of all apartment houses in a development shall not exceed 30 feet, such average being calculated as weighted average based on the number of square feet of ground floor area of buildings for each of such different heights as are being averaged.
C. 
No building higher than 30 feet shall be located closer to any lot line than a distance equal to 1 1/2 times its height. No two buildings shall be located closer to each other than a distance equal to the average of their heights.
[Added 11-18-1981 by L.L. No. 9-1981]
The City of Rye finds that it is in the interest of the public health, safety and welfare to create a new zoning district zoning category which will encourage the owners of lots with areas of 10 acres or more located in R-1 and R-2 Single-Family Residential Zoning Districts, at least 25% of the acreage of which is a wetland and/or in an area of special flood hazard, to develop these lots for residential use without locating buildings in the area of special flood hazard nor in any other way increase flooding elsewhere in the City of Rye. To implement this policy, the Residential Floodplain and Wetland Preservation District and the following procedures and standards have been adopted.
A. 
Petition and review procedures. The municipal authorities authorized to act under this section are the City Council and the Planning Commission. After approval of the rezoning of a site from R.1 or R-2 Single-Family Residential District to Residential Floodplain and Wetland Preservation District by the City Council, in accordance with § 20 of the General City Law and this section, the Planning Commission shall have site plan review authority as provided for in § 197-7 of this chapter.
(1) 
The petition for rezoning, an environmental assessment form and the preliminary site development plan shall be presented, together with the filing fee, to the City Clerk, who shall submit the petition, form and plan to the City Council at its next regular meeting.
(2) 
Planning Commission recommendation. If the City Council refers the petition, then within 45 days after receipt of a referred petition and site development plan and completion of all state environmental quality review requirements, the Planning Commission shall hold a public hearing, unless a public hearing was already held on the environmental issues, and file a written report with the City Council, which recommends rezoning with or without specific conditions or recommends denial of the rezoning. In recommending, granting or denying the rezoning, the Planning Commission shall set forth, in writing, findings that the proposed rezoning would or would not be in the public interest; that the preliminary plan is or is not consistent with the declaration of policy and standards and requirements of this section and all other applicable requirements of the Code of the City of Rye; and that the preliminary plan does or does not make adequate provision for public services for control of vehicular traffic, for light and air, for protection and enhancement of wetlands and areas of special flood hazard and for other environmental objectives.
(3) 
City Council action on zoning petition.
(a) 
If the petition was referred to the Planning Commission, after receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing on the rezoning petition and shall grant approval of the rezoning; grant approval subject to stated conditions; or deny the rezoning.
(b) 
If the City Council grants the rezoning, with or without conditions, the Planning Commission may recommend to the City Council that the land be rezoned to the prior zoning designation if one of the following occurs, unless said time periods are extended by the City Council upon good cause shown:
[1] 
The applicant has not filed an application for preliminary site plan approval with the Planning Commission within 12 months from the date the City Council approved the rezoning.
[2] 
The applicant fails to start construction as defined in § 100-2 of the Code of the City of Rye and in accordance with the approved site development plan within 12 months from the date of final approval by the Planning Commission.
(4) 
Such petition shall set forth the name and address of the applicant; the location of the site proposed to be developed; the nature of the applicant's interest in the land; the density of the land use to be allocated to various parts of the site; the use, height, bulk, location and general design of all buildings and other structures; the proposed provision for the control of stormwater and the disposal of sanitary sewage; the substance of any covenants, grants, easements or any other restrictions proposed to be imposed upon the land or buildings, including easements for public utilities; the proposed provisions for parking; locations and widths of proposed travelways; the projected schedule for development and the approximate times when final approvals would be requested; and a statement of why the public interest would be served by the proposed development. Said statement shall be supported by a report setting forth the manner in which the proposed development would satisfy the objectives stated in the declaration of policy of this section. If the petition is referred to the Planning Commission, the applicant shall present evidence to the Planning Commission as to objectives and purpose to be served, satisfactory application of planning and design standards, economic feasibility and the projected schedule for development. To this end, factual evidence and expert opinion shall be submitted by the applicant in the form of such necessary maps, charts, plans, reports, models and other tangible materials, prepared by architects, engineers, lawyers, realtors and economists, as requested by the Planning Commission so as to state clearly and completely the full nature and extent of the proposal. If the number of proposed dwelling units is based on the option in Subsection B(3) of this section, a preliminary subdivision plat and construction plan shall be submitted.
(5) 
A site development plan submitted pursuant to this section shall provide for residential buildings located only outside of any area of special flood hazard and/or wetland with the intention of permanently preserving the area of special flood hazard, wetland and other undeveloped open space and keeping as much of the existing foliage, particularly around the perimeter of the site, as possible, and shall comply with the requirements of Subsection B, Standards, of this section.
B. 
Standards.
(1) 
The lot as approved shall have a minimum area of 10 acres under single ownership.
(2) 
At least 25% of the lot shall be located in an area of special flood hazard and/or be an existing wetland. For the purposes of this calculation, acreage that is located in both a wetland and an area of special flood hazard shall only be counted once.
(3) 
The maximum number of dwelling units that may be permitted shall be calculated by the following formula or, at the option of the applicant, one dwelling unit for each lot determined by the Planning Commission to be available for building, based on a review of a conventional subdivision of the site into lots for single-family residences under the zoning standards applicable to the property prior to the change in zoning to the RFWP District:
Dwelling units = E [A-(B + C)]
                                     D
Where:
A =
Area of lot in acres.
B =
Area of wetland in acres.
C =
Area located in regulatory floodway, in acres, exclusive of any area included in the formula as wetland.
D =
One acre for lots previously zoned R.1.
D =
Five-tenths (0.5) acre for lots previously zoned R-2.
E =
Eighty-seven hundredths (0.87) for lots previously zoned R-1.
E =
Ninety-hundredths (0.90) for lots previously zoned R-2.
(4) 
The lowest floor, including basements, of all buildings shall be at least two feet above the elevation of the base flood.
(5) 
All buildings shall be set back at least 85 feet from all street frontages and in accordance with the following for all other property lines:
(a) 
For lots previously zoned R-1, the setback of buildings from all other property lines shall be as follows:
[1] 
Single-family residence: 60 feet.
[2] 
Two-family residence: 70 feet.
[3] 
Apartments: 85 feet.
(b) 
For lots previously zoned R-2, the setback of buildings from all other property lines shall be as follows:
[1] 
Single-family residence: 50 feet.
[2] 
Two-family residence: 60 feet.
[3] 
Apartments: 75 feet.
(6) 
No single building shall contain more than four dwelling units.
(7) 
The minimum spacing between buildings shall be 25 feet.
(8) 
The maximum permitted coverage of the site by all buildings shall not exceed (2,600) square feet times the number of approved dwelling units in the R-1 District and 1,700 square feet times the number of approved dwelling units in the R-2 District.
(9) 
The minimum requirement for on-site parking shall be 2.5 parking spaces for each dwelling unit.
(10) 
The maximum length of any building shall not exceed 120 feet.
(11) 
The maximum permitted floor area on the site shall not exceed 2.5 times the maximum permitted coverage of the site by all buildings.
(12) 
No building shall have a height of more than 35 feet.
(13) 
No building shall have more than 2 1/2 stories.
(14) 
Each dwelling unit shall have a separate entrance from the outside at ground level.
(15) 
Outdoor tennis courts, paddle courts, racquet courts and other similar courts, swimming pools and other active recreational facilities shall conform to the setback and related restrictions governing active recreational uses located on lands to be reserved for park and playground purposes set forth in § 170-17A(3) of this Code. The Planning Commission may modify these requirements where, in its judgment, it deems such modifications desirable and appropriate because of characteristics of the specific site, such as topography, size, shape and location, and proximity to facilities such as streets, schools, public buildings and facilities, other recreational facilities and similar active use areas.
[Added 2-17-1988 by L.L. No. 3-1988]
[1]
Editor's Note: Former § 197-13.2, Landmarks Preservation District - Alansten, added 6-15-1983 by L.L. No. 5-1983, was repealed 12-1-1999 by L.L. No. 12-1999.
[Amended 4-21-1960; 10-18-1972 by Ord. No. 3-1972]
 There shall be no flashing or intermittent lights, unshaded light source either inside or outside of a building, floodlighting or other illumination for advertising purposes of an exterior wall, visible from any point outside of the lot, except that safety lighting to the extent necessary shall be permitted.[1]
[1]
Editor's Note: Former §§ 197-15 through 197-20, regarding signs, were repealed 1-20-1999 by L.L. No. 3-1999. See Chapter 165, Signs.
[Added 10-22-2014 by L.L. No. 7-2014]
A. 
Findings; intent.
(1) 
The Council creates this incentive-based special use permit in order to maintain the historic elements of convenience retail storefront design and uses which contribute to the character of the City's Central Business District. As such, the Council adopts a policy to incentivize the preservation of the character of the Central Business District by allowing in the B-2 Central Business District banks to be located on the first floor of a building on the condition that the historic nature of the building, or its contributing elements, are preserved and maintained. The purpose of this section is to achieve the following goals:
(a) 
Promoting the preservation of buildings that have enhanced and defined the historic nature of Rye over the past decades.
(b) 
Preserving the existing small convenience and retail stores in the B-2 Central Business District and furthering the community needs to preserve a diverse economic base.
(c) 
Balancing the desire for historic preservation of certain buildings and uses with the need to allow for financially viable uses of buildings.
(d) 
Furthering the City's goal to provide incentive zoning techniques for development projects that meet a defined community need and desire such as historic preservation and maintaining community character.
B. 
Procedures for special use permits; permit applications.
(1) 
Applications for a permit shall be made to the City Planner on forms furnished by the City Planner's office.
(2) 
An application for a permit shall not be deemed complete if it does not include all of the following information:
(a) 
The application fee of $150.
(b) 
Complete plans for the building(s), or portions thereof, which the applicant believes furthers the intent of this section and for the bank or other uses of the building(s) on the property.
(c) 
Full environmental assessment form in accordance with the State Environmental Quality Review Act, except that a short environmental assessment form may be submitted at the discretion of the City Council.
(d) 
A narrative from the applicant setting forth the reasons why the proposed building(s) to be preserved would further the intent of this law and promote the community character that the City wishes to maintain.
(e) 
The City Council may require additional information as it deems appropriate.
(f) 
By filing an application, the applicant thereby consents to the entry onto his land by the City Council or other agents designated by the City Council for the purpose of undertaking any investigation, examination, survey or other activity necessary for the purposes of this chapter.
C. 
Special use permit requirements; determining historic significance of application.
(1) 
The Council will undertake a review of an application pursuant to this section in a timely fashion and shall act within a reasonable period of time given the complexity of the application and the circumstances.
(2) 
The Council may, at its sole discretion, refer any application for this special use permit for historic preservation to the Landmarks Committee for its review and comment.
(3) 
If the application is referred to the Landmarks Advisory Committee, the Committee shall provide any comments to the Council within 30 days of the referral.
(4) 
The City Council shall also review the application to determine if it furthers the goals and intent of this section. The applicant shall bear the burden of proof by putting forth substantial evidence showing how the application meets the purposes and intent of this section and that its application should be considered for the special use permit.
(5) 
If the Council finds that the application furthers the purposes and intent of this section, it shall simultaneously consider the application for the special use permit and site development plan in accordance with Rye City Code § 197-7. The City Council shall hold a public hearing to consider the approval of both the special use permit and site development plan.
(6) 
As part of any approval of the special use permit and site development plan, the City Council shall consider the following potential conditions, including, but not limited to:
(a) 
A restrictive covenant that preserves the building(s), or portions thereof, in its current state and any modifications to such restrictive covenant shall be reviewed and approved by the City Council; and/or
(b) 
A deed restriction that preserves the building(s), or portions thereof, in its current state and any modifications to such deed restriction can only be approved by the City Council; and/or
(c) 
A facade easement or other restrictive easement that preserves the building(s), or portions thereof, in its current state and any modifications to such easement can only be approved by the City Council; and/or
(d) 
All covenants, restrictions, and/or easements shall be recorded in the County Clerk's office; and/or
(e) 
A maintenance plan that ensures the continued upkeep of the preserved building(s), or portions thereof; and/or
(f) 
A community amenity such as landscaping or other improvement to further enhance the community character in the area near the proposed development; and/or
(g) 
Any other condition that the City Council deems necessary to preserve the historical nature of the building(s) and to ensure that such preservation will continue into the future regardless of the owner.
D. 
This law shall expire three months from the effective date of its filing. If an application is received within the three month period, it shall be considered timely and processed in accordance with this section.
Within each district, no building or lot shall be used or arranged or designed to be used in whole or in part for other than one or more of the uses listed as permitted in the Table of Regulations (Article VIII).
[Amended 11-4-1970 by Ord. No. 9-1970; 10-18-1972 by Ord. No. 2-1972; 3-5-1980 by L.L. No. 3-1980; 5-4-1988 by L.L. No. 7-1988]
A. 
The following uses are specifically prohibited in all districts as being inconsistent with the character of Rye as a predominantly residential city:
(1) 
Any industry, use, operation or process which, when conducted under proper and adequate conditions and safeguards, is likely at any time to produce such nuisances as obnoxious smoke, dust, dirt, fly ash, glare or heat, offensive odor, corrosive, toxic or noisome fumes or gases, offensive noise or vibration, dangerous or objectionable electrical radiation or interference, or dangerous or hazardous condition due to risk of fire or explosion.
(2) 
Billboards and advertising signs, except advertising signs permitted in § 197-15.
B. 
The following shall be prohibited in all districts as being inconsistent with the public health, safety and welfare:
[Amended 12-18-1991 by L.L. No. 26-1991]
(1) 
An activity conducted in a watercourse, wetland or wetland/watercourse buffer, as defined in Chapter 195 of this Code, except in accordance with the requirements of the Chapter 195 of this Code.
(2) 
Roof-mounted satellite earth station dish antennas.
(3) 
Peaking stations.
[Added 8-11-2021 by L.L. No. 9-2021]
[Amended 10-18-1972 by Ord. No. 2-1972; 6-16-1993 by L.L. No. 6-1993; 7-19-2006 by L.L. No. 8-2006]
No lot shall be used for residence purposes unless it fronts upon a street approved and improved as provided in Article 3 of the General City Law and its street frontage is at least 25 feet wide, except that lots created by the donation of portions of historic sites to a nonprofit organization for the purposes of historic preservation and adaptive reuse may provide for said street frontage with an easement of suitable width to a street or an easement of suitable width to another lot which has actual street frontage, subject to obtaining a variance from the Board of Appeals as provided for in the General City Law. No lot shall be used for any use permitted only in RA Districts unless it fronts upon a street at least 50 feet in width having a pavement at least 30 feet in width.
Any conversion or alteration of a dwelling unit from seasonal to year-round occupancy by the installation of a permanent foundation, a heating system, the insulation of walls, floors or roof or the relocation of utilities below the frost line, on a lot or tax parcel where more than one dwelling unit exists and yard requirements thereon are not observed, shall be prohibited.
[Amended 5-2-1979 by Ord. No. 2-1979; 5-20-1992 by L.L. No. 11-1992]
It is the intent of this chapter that all buildings, structures and lands and any of their uses shall have a sufficient amount of off-street automobile parking to meet the needs of persons residing within, employed at or otherwise making use of such buildings, structures or lands and their uses, except as provided herein for the A and B Parking Districts where an agreement has been entered into to make payments or payment has been made in full in lieu of providing required on-site parking. No permit for the erection or substantial alteration of a building or structure or for the development of a land use or a change in use subject to review under § 197-7A(1) shall be issued unless off-street parking shall be provided in accordance with the provisions of this chapter.
[Amended 5-2-1979 by Ord. No. 2-1979; 5-20-1992 by L.L. No. 11-1992]
A. 
Buildings, structures and land uses in existence at the time this section became effective or buildings, structures and uses for which building permits or site plans have been approved at the time this section or pertinent amendments thereto become effective shall not be subject to the requirements set forth in § 197-28, provided that any parking facilities now existing to serve such buildings, structures or uses shall not in the future be reduced except where they exceed such requirements, in which case they may not be reduced below such requirements. Required parking facilities for such buildings, structures or uses as well as for any enlargement, extension or change in use which increases off-street parking requirements as set forth in § 197-28 shall, however, be provided as a condition for the issuance of any building permit or the approval of any site plan for such enlargement, extension or change in use in the future.
B. 
In case of practical difficulty or unnecessary hardship to such properties arising out of this requirement, appeal may be made to the Zoning Board of Appeals in accordance with § 197-81, which shall require only such degree of compliance as may be deemed reasonable for that part of the building, structure or use that is legally nonconforming but may not waiver any part of the requirements for that part of the building, structure or use that constitutes an enlargement or extension and may not permit reduction or elimination of whatever quantity of parking may already be in existence unless it is in excess of such requirements. Required off-street parking facilities which after development are later dedicated to and accepted by the City shall be deemed to continue to serve the buildings, structures and uses to meet the requirements for which they were originally provided. In the event that a prior agreement was entered into to make payments or payment has been made in full in lieu of providing required on-site parking in the A or B Parking District, the number of on-site parking spaces represented by said agreement or payment in full shall be counted as existing on-site parking, provided that the property owner is not in default of making said payments.
[Added 10-16-1985 by L.L. No. 12-1985]
On-site parking requirements for new uses or buildings, building expansions or changes in use shall be calculated by first determining the existing use credit by dividing the area of the lot, in square feet, by 832 square feet and adding thereto parking spaces, if any, already provided on site and which are to remain. The parking requirements for the proposed use of the site shall be determined based on the requirements set forth in § 197-28 of this chapter. In the event that the credit is larger than the new requirement, the excess shall be noted on the approved site development plan as a credit for future site plan modifications. When the requirement for the proposed use shall exceed the credits, then such additional parking shall be provided on site unless the Planning Commission has approved a payment in lieu thereof as provided for in § 197-27 of this chapter. Fees paid in lieu of providing on-site parking shall be noted on the approved site development plan and thereafter credited as existing on-site parking.
[1]
Editor's Note: Former § 197-27, Payment of fee in lieu of parking space requirements, as amended, was repealed 1-18-1989 by L.L. No. 1-1989.
[Amended 2-4-1959; 11-18-1959; 4-21-1960; 9-21-1960; 4-18-1962 by Ord. No. 3-1962; 7-20-1966 by Ord. No. 4-1966; 11-18-1970 by Ord. No. 10-1970; 2-3-1971 by Ord. No. 1-1971; 10-4-1978 by Ord. No. 3-1978]
A. 
Schedule of parking requirements. Off-street automobile parking facilities shall be provided as follows:
[Amended 5-2-1979 by Ord. No. 2-1979]
Number of Spaces per Unit
(by Parking District)
Unit of Measure-
ment and
Use
A
B
C
Conditions
Home for 1 or 2 families
1
1
1
Dwelling unit
Structures for 3 or more families on same lot
[Amended 7-17-1996 by L.L. No. 6-1996]
2 (first floor) 0.7 (other floors), except as otherwise provided
1
2
Dwelling unit ********
Apartments for senior citizens located in RA-5 Districts
[Added 4-21-1982 by Ord. No. 2-1982; readopted 11-21-1984 by Ord. No. 1-1984]
1
1
1
4 dwelling units
Apartments for active seniors located in RA-6 Districts
[Added 12-2-2015 by L.L. No. 1-2016]
1.5
1.5
1.5
Dwelling unit
Homes for 1, 2 or 3 or more families in RFWP and LPD-A Districts
[Amended 6-15-1983 by L.L. No. 5-1983]
2.5
2.5
2.5
Dwelling unit
Doctor or dentist permitted in residence district as accessory use
---
---
3
Doctor or dentist in addition to residence requirements
Professional office (other than doctor or dentist) or home occupation permitted in residence district as accessory use
---
---
1
Professional office or home occupation, in addition to residence requirements
Hotel, boarding-, rooming or lodging house
[Amended 11-6-1985 by L.L. No. 14-1985]
1
1
1
Guest sleeping room 600 square feet of non-rentable floor space, exclusive of basements ****
And, in addition
1
1
1
First floor:
Physical fitness facility
[Added 7-17-2019 by L.L. No. 4-2019]
1
1
1
200 square feet of gross floor ara
Retail trade of goods, including but not limited to foods, drugs, dry goods, photographic equipment, clothing, sporting goods, novelties, furniture, art supplies, stationery, liquor, shoes, household and office supplies and furnishings, musical instruments, books and flower shops; candy stores or ice cream parlors; banks which are specifically oriented to serving the general public; uses of a service nature, including but not limited to barbers, hairdressers, dry-copy printers, cleaners, shoe repair or other businesses
0
1
2*
Other floors
0
0.7
1
200 square feet of gross floor area**
Professional, administrative service and agency offices
0.7 (first floor) 0.3 (other floors)
0.3
2*
200 square feet of gross floor area
Office for physicians and dentists
4 (first floor) 2 (other floors)
2
At least 4
Each doctor in practice on the site
Public building other than school
1
1
1
200 square feet of gross floor area**
Restaurant or similar use, full service [Amended 8-21-1985 by L.L. No. 7-1985; 11-6-1985 by L.L. No. 14-1985; 9-14-1988 by L.L. No. 13-1988; 5-20-1992 by L.L. No. 11-1992]
0.7
0.3
2
200 square feet of floor area devoted to patron use******
Restaurant or similar use, fast food******
[Added 5-20-1992 by L.L. No. 11-1992]
2
2
2
3 employees on maximum shift*******
And, in addition
1
1
1
60 square feet of patron use area but not less than 10 spaces for take out, exclusive of drive-through ******
And, in addition
11 stacking queuing spaces
11 stacking/ queuing spaces
11 stacking/ queuing spaces
1 drive-in window, 5 of which are to be reserved for ordering station ******
Hospital, clinic, sanatorium convalescent home
4
4
4
5 patient beds, excluding bassinets
Theater, auditorium, stadium, place of public assembly or funeral parlor
1
1
1
6 seats (excluding places of worship)
Skating rink or other place of amusement, the capacity of which is not measurable in seats
1
1
1
200 square feet of floor area devoted to patron use
Bowling alley
10
10
10
Lane
Wholesale, storage, utility, manufacturing or other industrial use
1
1
1
2 persons employed or in tended to be employed at one time
Office building, laboratory, telephone exchange, other permitted use in B-4 Districts
[Amended 5-17-1989 by L.L. No. 7-1989]
7
7
7
10 persons employed or intended to be employed at one time
And, in addition
1
1
1
Company-owned vehicle, as deemed necessary by Planning Commission for visitors and employees
Office building in B-5 Districts
[Added 5-17-1989 by L.L. No. 7-1989]
3
3
3
1,000 square feet of gross floor area*****
Small boat facilities
8
8
8
10 berths or mooring spaces
  And, in addition
1
1
1
Each person to be employed on the premises
Tennis and badminton courts***
8
8
8
Court
Schools:
Senior high
7
7
7
10 faculty and employees
Junior high
1
1
1
3 students
Elementary
7
7
7
10 faculty and employees
NOTES:
*May be reduced to no less than one space per 200 square feet of gross floor area upon finding by the Planning Commission in a specific case that a lesser requirement is in accordance with good standard practice for the size and type of activity.
**May be reduced to no less than one space per 400 square feet of gross floor area upon finding by the Planning Commission in a specific case that a lesser requirement is in accordance with good standard practice for the size and type of activity.
***May be reduced to four per court upon finding by the Planning Commission in a specific case that a lesser requirement is in accordance with good standard practice for the size and type of activity.
****Where a motel contains 100 or more rooms, together with a restaurant, the Planning Commission may reduce the parking requirement to one space per guest sleeping room.
[Added 11-6-85 by L.L. No. 14-1985]
*****The maximum number of on-site parking spaces shall not exceed three spaces per 1,000 square feet of gross floor area, except when additional on-site parking spaces are specifically required by the Planning Commission.
[Added 5-17-1989 by L.L. No. 7-1989]
******Restaurant uses that have received preliminary and/or final site plan approval prior to 5-20-1992 shall only be required to provide that amount of off-street parking required by their current site plan approval and to include the payment of a fee in lieu of providing off-street parking as provided for in the Code at the time of the approval if such payment was permitted by the approval.
[Added 5-20-1992 by L.L. No. 11-1992]
*******The Planning Commission, in a particular case, may permit a lesser amount of on-site parking upon finding that a lesser amount will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons and employees, provided that such approval of a lesser amount shall be automatically terminated upon the termination of the operation of any such establishment or a change in the operation of such establishment.
[Added 5-20-1992 by L.L. No. 11-1992]
********The Planning Commission, in a particular case, when a property abuts the B-2 Central Business District, may permit 1/2 of the on-site parking to be indirectly accessible.
[Added 7-17-1996 by L.L. No. 6-1996]
B. 
Off-street parking requirements for other uses not listed above shall be as determined by the Common Council and adopted as an amendment to this chapter.
[Amended 11-6-1985 by L.L. No. 14-1985]
A. 
Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot, except that the Board of Appeals may approve the joint use of parking space by two or more establishments on the same lot or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that the Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided such approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments.
B. 
Where a hotel use contains 100 or more rooms and has a separate accessory restaurant facility designed primarily for guests, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use but may be reduced to no less than one parking space per guest sleeping room upon finding by the Planning Commission, in a specific case, that a lesser requirement is in accordance with good standard practice for the size and type of activity.
[Amended 10-3-1956 by resolution]
A. 
The required off-street parking facilities for structures and land uses which are developed after § 197-28 becomes effective shall be provided on the same lot or premises with such structure or land use; except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots.
B. 
Any driveway providing access to required off-street parking facilities shall be graded and laid out as follows:
(1) 
The grade of the driveway at the street property line shall be four inches above the street grade at the center line of the driveway.
(2) 
The grade of the driveway shall not exceed 10% from the front property line to the required front yard setback line or to a depth of 25 feet, whichever is greater.
(3) 
The alignment of the driveway shall be generally at right angles to the street in this required depth.
(4) 
Where size of lot and topography permit, the driveway shall be so arranged that cars entering onto a street may do so facing that street.
C. 
In R-1 to RT Districts inclusive, no off-street parking facility shall be developed within any required front yard or any required side yard adjacent to a street line or within any other side or rear yard within five feet of the lot line; except that for a corner lot existing on the effective date of this section, the distance from the side street lot line may be reduced to five feet where an existing house is so located on the lot that the side street yard is less in width than the required front yard depth, or where a proposed house cannot be so located on the lot as to provide a side street yard equal in width to the required front yard depth and still conform to the side yard requirements on the opposite side of the house.
[Amended 6-18-1968 by Ord. No. 3-1968]
D. 
In RA-1, RA-2, RA-3, RA-4, RA-5 and RA-6 Districts, no off-street parking facility accessory to apartments or office buildings shall be developed within five feet of any lot line. Required off-street parking facilities accessory to other main uses shall conform to the provisions of Subsection C above.
[Amended 10-26-1963 by Ord. No. 7-1963; 7-20-1966 by Ord. No. 4-1966; 4-21-1982 by Ord. No. 2-1982; readopted 11-21-1984 by Ord. No. 1-1984; 12-2-2015 by L.L. No. 1-2016]
E. 
Subject to the discretion of the Planning Commission during site plan review, in the RA-6 District, tandem parking arrangements may be utilized for multiple spaces reserved to a single dwelling unit.
[Amended 9-21-1960 by resolution; 12-2-2015 by L.L. No. 1-2016]
F. 
The plans for any new buildings or any replacement or reconstruction of an existing building when submitted to the Building Inspector for a building permit shall show specifically the location and size of the off-street parking facilities required to comply with this section and the means of access to such space from the public street or highways; and except for single-family and two-family residences, the plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the City Engineer with regard to improvement plan, to safety to traffic on the public street, to safety to pedestrians on public sidewalks and to safety and adequacy of access to cars and pedestrians using the parking facility before a building permit may be issued.
[Amended 9-21-1960 by resolution]
G. 
Except where otherwise limited in this chapter, required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the City Engineer to the extent necessary to avoid nuisance of dust, erosion or excessive water flow across public ways. In appropriate situations the City Engineer may require suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
[Amended 4-1-1964 by Ord. No. 5-1964; 3-17-1982 by L.L. No. 5-1982]
H. 
All required car parking spaces shall be laid out and located in accordance with the following standards:
[Added 3-17-1982 by L.L. No. 5-1982]
(1) 
Dimensional requirements for standard car space.
Space
Space
Aisle Width
Space Angle
Width
(feet)
Depth
(feet)
One-Way
(feet)
Two-Way
(feet)
90º
8.5
20
25
25
60º
8.5
20
18
22
45º
8.5
20
13
22
Parallel to aisle
8.5
22
12
22
NOTE: A space which abuts a fixed object, such as a wall or column, whether within a structure or not, shall have a minimum width of 10 feet.
(2) 
Compact car spaces may be permitted by the Planning Commission as part of an approved site development plan in accordance with the following standards and dimensional requirements:
(a) 
Where at least 50 parking spaces are to be provided, the Planning Commission may permit not more than 30% of the employee or tenant parking spaces to be compact car spaces.
(b) 
Compact car spaces shall be grouped in a location or in locations convenient to both vehicle and pedestrian access. Single compact spaces shall not be dispersed throughout the site.
(c) 
Compact car parking areas shall be clearly identified by marking the pavement with the letter "C."
(d) 
Dimensional requirements for compact car space.
Space
Space
Aisle Width
Space Angle
Width
(feet)
Depth
(feet)
One-Way
(feet)
Two-Way
(feet)
90º
7.5
15
20
20
60º
7.5
15
16
20
45º
7.5
15
13
20
Parallel to aisle
7.5
16.5
12
20
NOTE: A space which abuts a fixed object, such as a wall or column, whether within a structure or not, shall have a minimum width of 8.9 feet.
[Amended 9-21-1960 by resolution]
Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the City as public parking areas. Cars shall only be parked in stalls laid out according to approved plans. All aisles and drives shall be kept clear for movement of cars.