HomeMy WebLinkAboutG45-92Q
CITY OF ELGIN
ORDINANCE NO. G45-92
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 22ND DAY OF JULY, 1992
PubIdsbed,-, I.n.--p hfiit form by
catty �f the "City Council of
the 'Q: Vy . of Elginrjm�Kano and Cook
Caxite Illinois, on this
23 d'' y- of July, 1992.
STATE OF ILLINOIS
COUNTY OF KANE
I, Dolonna
and acting municipal
Counties, Illinois.
ss.
CERTIFICATE
Mecum, certify that I am the duly appointed
clerk of the City of Elgin, Cook and Kane
I further certify that on July 22, 1992, the
Corporate Authorities of such municipality passed and approved
Ordinance No. G45-92, entitled An Ordinance Amending Title 19,
Entitled "Zoning" of the Elgin Municipal Code, 1976, as Amended,
which provided by its terms that it should be published in
pamphlet form.
The pamphlet form of Ordinance No. G45-92, including
the Ordinance and a cover sheet thereof, was prepared, and a
copy of such Ordinance was posted in the municipal building,
commencing on July 23, 1992, and continuing for at least ten
days thereafter. Copies of such Ordinance were also available
for public inspection upon request in the office of the
municipal clerk.
DATED at Elgin, Illinois, on July 23, 1992.
(SEAL)
Municipal Clerk
ZONING
ORDINANCE
Planning Department
Roger Dahlstrom, Director
Ordinance No. G45-92
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, written application has been made to amend the
provisions of the zoning ordinance; and
WHEREAS, the Elgin Planning and Land Use Commission held
a public hearing concerning the proposed amendment after due
notice in the manner provided by law; and
WHEREAS, the Elgin Planning and Land Use Commission has
submitted its written findings and recommendation that the
requested amendment be granted; and
WHEREAS, the City Council of the City of Elgin,
Illinois, concurs in the findings and recommendation of the
Planning and Land Use Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1. That Title 19, entitled "Zoning" of the Elgin
Municipal Code, 1976, as amended, be and is hereby deleted.
Section 2. That Title 19, entitled "Zoning" of the Elgin
Municipal Code, 1976, as amended, be amended to read as
follows:
r
M
Title 19
ZONING
Chapters:
Pages:
19.05
General Provisions.
2
19.07
Zoning Districts.
10
19.10
Land Use.
14
19.12
Site Design.
19
19.15
Preservation Districts.
33
19.20
Conservation Districts.
35
19.25
Residence Districts.
58
19.30
Community Facility Districts.
91
19.35
Business Districts.
103
19.40
Industrial Districts.
165
19.45
Off Street Parking.
208
19.47
Off Street Loading.
227
19.50
Signs.
231
19.52
Nonconforming Uses and Structures.
245
19.55
Amendments.
249
19.60
Planned Developments
254
19.65
Conditional Uses.
270
19.70
Variations.
276
19.75
Appeals.
281
19.80
Administration and Enforcement.
284
19.82
Public Hearing Notification Signs.
287
19.85
Fees,
289
10.00
•upplem@ntary R@guLations.
201
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Chapter 19.05
GENERAL PROVISIONS
Sections:
19.05.100 Short Title.
19.05.200 Supplementary Regulations - Generally.
19.05.300 Purpose and Intent.
19.05.400 Application of Provisions.
19.05.500 Transition Rules.
19.05.600 Appeals.
19.05.100 Short Title.
The ordinance codified in this title shall be known,
cited, and referred to as the * Elgin Zoning Ordinance.*
19.05.200 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR7" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.05.300 Purpose and Intent.
The ordinance codified in this title is passed for the
following purposes:
A. Promoting the public health, safety, comfort, morals,
convenience, and general welfare.
B. Securing adequate light, pure air, and safety from fire a
and other dangers.
C. Conserving the taxable value of land and structures
through out the city.
D. Dividing the entire city into districts, and restricting
and regulating therein the location, construction, recon-
struction, alteration, and use of land and structures,
whether for residence, community facility, business,
industrial, or other specified uses. 4)
E. Avoiding or minimizing congestion in the public streets.
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F. Preventing the overcrowding of land through regulating
and limiting the height and bulk of structures hereafter
erected.
G. Establishing, regulating, and limiting the building or
setback lines on or along streets, alleys, or property
lines.
H. Regulating and limiting the intensity of the use of lot
areas, and regulating and determining the area of open
spaces within and surrounding buildings.
I. Establishing standards to which buildings or structures
therein shall conform.
J. Prohibiting uses, buildings, or structures incompatible
with the character of the preservation, conservation,
residence, community facility, business, and industrial
zoning districts.
K. Preventing additions to, and alterations or remodeling
of existing buildings or structures in such a manner as
to avoid the restrictions and limitations imposed
hereunder.
L. Providing for the gradual e9elimination of those uses,
buildings. and structures, which are incompatible
with the character of the districts in which they are
located.
M. Providing for the acquisition by purchase, condemnation,
or otherwise of any buildings or structures which do not
conform to the standards fixed by the city.
H. Defining and limiting the powers and duties of the
administrative officers and bodies as provided
hereinafter.
O. Prescribing penalties for the violation of the provisions
of this title, or any subsequent amendment hereto.
19.05.400 Application of Provisions.
A. Effective Date. The effective date of this title shall
be August 2, 1992.
B. Jurisdiction. The provisions of this title, or any
subsequent amendment hereto, shall apply to all land,
"buildings" [SR],'and "structures" [SR]; and their "uses"
[SR] within the City of Elgin.
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C. General Application. After the effective date of this
title, or after any subsequent amendment hereto, all
land, buildings, and structures; and their uses;
established, parcelled, divided, erected, maintained,
remodeled, altered, repaired, or relocated shall be
subject to the provisions of this title. All land,
buildings, and structures; and their uses; which were
lawfully established prior to the effective date of this
title, or any subsequent amendment hereto; and which do
not comply with all of the provisions of this title shall
be subject to the provisions of Chapter 19.52, Noncon-
forming Uses and Structures.
D. Minimum Requirements. The application of the provisions
of this title shall be considered the minimum require-
ments for the promotion of the public health, safety,
morals, and welfare.
E. Other Laws and Regulations. The provisions of this title
shall govern over less restrictive statutes, laws,
ordinances, regulations, resolutions, and rules of any
kind.
F. Private Agreements. No provision of this title shall
abrogate any easement, covenant, or other private
agreement, subject to the provision that where the
regulations of this title are more restrictive than such -41
easement, covenant, or other private agreement, the
provisions of this title shall govern.
0. Severability. If any of the provisions of this title are
declared invalid, the other provisions shall remain in
full force and effect.
H. Mord Usage. The following rules of word usage shall
apply to the text of this title:
1. The particular shall control the general.
2. Words used or defined in one tense or form shall
include other tenses or derivative forms.
3. The word "shall" is always mandatory and not
discretionary. The word "may" is permissive.
4. The word "person" includes an individual, a
corporation, a partnership, an incorporated
association, or any other similar entity.
5. The words "building" and "structure" include any part
thereof.
6. The phrase "used for" includes "arranged for",
"designed for", maintained for" or "occupied for".
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7. Unless the context clearly indicates the contrary,
where a regulation involves two (2) or more items,
conditions, provisions, or events connected by the
conjunction "and", "or", or "either... or", the
conjunction shall be interpreted as follows:
a. The conjunction "and" shall indicate that all the
connected items, conditions, provisions, or events
shall apply.
b. The conjunction "or" shall indicate that the
connected items, conditions, provisions, or events
may apply singly or in any combination.
c. The conjunction "either... or" indicates that the
connected items, conditions, provisions, or events
shall apply singly but not in combination.
S. In case of any difference of meaning or implication
between the text of this title and any caption,
illustration, summary table, or illustrative table,
the text shall control.
9. Words not defined within this title shall be
interpreted in accordance with the definitions
contained within the most recently revised Webster's
Dictionary.
I. Moasurod Distances. All measured distances shall be
along a straight line, shall be expressed in feet, and
shall be to the nearest integral foot.
19.05.500 Transition Rules.
The following rules shall govern the transition from the
provisions of the former zoning ordinance to the provisions
of this title or to the provisions of any subsequent
amendment hereto:
A. Existing Unlawful Uses and Structures. Where a "land
use" [SRI or "structure" [SRI has not been established
lawfully prior to the effective date of this title, or
prior to any subsequent amendment hereto, such use or
structure is hereby deemed lawful, provided that it
complies with all of the provisions of this title.
However, if such use or structure does not conform to all
of the provisions of this title, such use or structure
remains unlawful hereunder.
B. Permitted Uses Rendered Conditional. Where a property is
used for a purpose which was classified as a "permitted
use" [SRI in the zoning district in which it was located
�1
prior to the effective date of this title, or prior to
any subsequent amendment hereto, and such use is
classified by this title as a *cVnditional use" [SRI in
the zoning district in which it is located, such use is
hereby deemed a lawful existing conditional use, subject
to the provisions of the provisions of Subsection
19.05.500, D. Changes to Existing Conditional Uses.
C. Existing Conditional Uses. Where a property has become a
lawful conditional use pursuant to Subsection 19.05.500
B., or where a property has been granted a conditional
use prior to the effective date of this title, or prior
to any subsequent amendment hereto, such use shall be
considered a lawful conditional use if the use is
classified by this title as a conditional use in the
zoning district in which it is located.
If the passage of the ordinance granting such conditional
use was subject to one Ell or more conditions, those con-
ditions shall remain in full force and effect, as may be
amended from time to time, subject to the provisions of
Chapter 19.65, Conditional Uses.
All conditional uses shall be subject to the provision
that they shall expire if not established within one Ell
year from the date of passage of the ordinance granting
the conditional use. Ho conditional use shall be rees-
tablished subsequent to abandonment through a discontin-
uation of use for three hundred sixty five E3651 consecu-
tive days, regardless of any reservation of an intent to
reestablish such conditional use.
D. Change■ to Existing Conditional Uses. Where a property
has been granted a conditional use prior to the effective
date of this title, or prior to any subsequent amendment
hereto, a change to such conditional use shall be allowed
provided that the desired change was explicitly approved
in the ordinance passed granting the conditional use.
Any other change to such an existing conditional use
shall be subject to the provisions of Chapter 19.60,
Planned Developments or Chapter 19.65, Conditional Uses,
as applicable.
Any change in a lawful conditional use to a new use shall
be permitted only if this title classifies the new use as
a permitted use or conditional use in the zoning district
in which it is located and only in compliance with the
provisions of this title.
All conditional uses shall be subject to the provision
that they shall expire if not established within one 117
year from the date of passage of the ordinance granting 41
the conditional use. A conditional use shall not be
reestablished subsequent to abandonment through a discon-
6
tinuation of use for three hundred sixty five [365] con-
secutive days, regardless of any reservation of an intent
to reestablish such conditional use.
E. Existing Planned Developments.
1. With a Conditional Use. Where a property has been
granted a conditional use for a planned unit develop-
ment prior to the effective date of this title, or
prior to any subsequent amendment hereto, such use
shall be considered a lawful "planned development"
[SR] in the planned zoning district in which it is
located, or such use shall be considered a lawful
conditional use for a planned development in the
zoning district in which it is located, as is applic-
able.
If the ordinance passed granting such a conditional
use for a planned unit development was subject to one
[17 or more conditions,' such conditions shall remain,
in full force and effect, as may be amended from time
to time, subject to the provisions of Chapter 19.60,
Planned Developments.
No change to an existing planned development shall be
allowed unless the desired change was explicitly ap-
proved in the ordinance passed granting the condition-
al use for a planned development. Any other change to
an existing planned development shall be subject to
the provisions of Chapter 19.60, Planned Developments.
2. Without a Conditional Use. Where a property has not
been granted a conditional use for a planned unit
development prior to the effective date of this title,
or prior to any subsequent amendment hereto, and where
such property has been mapped within a planned zoning
district through the passage of this title, or through
any subsequent amendment hereto, such property shall
be considered a lawful planned development in the
planned zoning district in which it is located, sub-
ject to the provisions of Chapter 19.60, Planned De-
velopments. -
If an annexation agreement has been executed by the
city for such planned development and such agreement
regulates the use and development of the property,
such regulations shall remain in full force and
effect, as may be amended from time to time, as
provided by law and subject to the provisions of
Chapter 19.60, Planned Developments.
No change to such a planned development shall be
allowed unless the desired change was explicitly
approved in the ordinance passed granting the condi-
VA
tional use for a planned development. Any other
change to an existing planned development shall be
subject to the provisions of Chapter 19.60, Planned
Developments.
F. Completion of Existing Planned Developments.
1. With a Conditional Use. Where a property has been
granted a conditional use for a planned unit
development prior to the effective date of this title,
or prior to any subsequent amendment hereto, such
planned development shall be allowed to be completed
provided that such completion was explicitly approved
in the ordinance passed granting the conditional use
for the planned unit development, and provided that
construction is being diligently pursued to
completion. Any change to such an existing planned
development shall be subject to the provisions of
Chapter 19.55 Planned Developments.
2. Without a Conditional Use. Where a property has not
been granted a conditional use for a planned unit
development prior to the effective date of this title,
or prior to any subsequent amendment hereto, and where
such property has been mapped within a planned zoning
district through the passage of this title, or through
any subsequent amendment hereto, such planned develop-
ment shall be allowed to be completed provided that an
annexation agreement has been executed by the city
for such property and such agreement regulates the use
and development of the property, provided that such
completion was explicitly approved in such agreement,
and provided that construction is being diligently
pursued to completion. Any change to such an existing
planned development shall be subject to the provisions
of Chapter 19.60, Planned Developments.
0. Uses Rendered Nonconforming. Where a property.is used
for a purpose which was a lawful use prior to the
effective date of this title, or prior to any subsequent
amendment hereto,.and this title no longer classifies
such use as either a permitted use or conditional use in
the zoning district in which it is located, such use is
hereby rendered a nonconforming use and shall be subject
to the provisions of Chapter 19.52, Nonconforming Uses
and Structures.
H. Structures Rendered Nonconforming. Where a property is
improved with a structure that was lawfully constructed
prior to the effective date of this title, or prior to
any subsequent amendment hereto, and such structure does
not conform to all of the provisions of.this title, such
structure is hereby rendered a *nonconforming structure*
a
W
[SRI and shall be subject to the provisions of Chapter
19.52, Nonconforming Uses and Structures.
I. Previously Issued Certificates of Occupancy. where a
certificate of occupancy has been issued in compliance
with all of the provisions of this code in effect prior
to the effective date of this title, or prior to any
subsequent amendment hereto, and when the use has been
established within six 161 months of the date of issuance
of such certificate, the applicable land or structure may
be occupied by the originally and explicitly designated
use on the basis of which the certificate of occupancy
was issued. Such uses rendered nonconforming by the
provisions of this title shall be subject to the
provisions of Chapter 19.52, Nonconforming Uses and
Structures. No other paragraph in this section shall
limit the provisions of this paragraph.
J. Previously Issued Construction Permits. Where a
construction permit for a structure has been issued in
compliance with all of the provisions of this code in
effect prior to the effective date of this title, or
prior to any subsequent amendment hereto, and when
construction has begun within six C61 months of the date
of issuance of such permit, and provided that construc-
tion is being diligently pursued to completion, the
structure may be completed in accordance with the
approved plans on the basis of which the construction
permit was issued.
On completion, such structure may be occupied under a
certificate of occupancy for the use originally and
explicitly designated. Uses and structures rendered
nonconforming by the provisions of this title shall be
subject to the provisions of Chapter 19.52, Nonconforming
Uses and Structures. No other paragraph in this section,
shall limit the provisions of this paragraph.
K. Previously Granted Variations. Variations granted prior
to the effective date of this title shall remain in full
force and effect.
19.05.600 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
Provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
i;J
Chapter 19.07
ZONING DISTRICTS
Sections:
19.07.100 Purpose and Intent.
19.07.200 Supplementary Regulations.
19.07.300 Zoning Districts - Establishment.
19.07.400 Restrictiveness of Zoning Districts.
19.07.500 Zoning District Boundary Standards.
19.07.600 Official Zoning District Kap.
19.07.700 Appeals.
19.07.100 Purpose and Intent.
The purpose and intent of the provisions for zoning
districts is to divide all land within the city into dis-
tricts of such number, size, and character as necessary to
promote the purpose and intent of this title.
19.07.200 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
19.07.300 Zoning Districts - Establishment.
The City of Elgin is hereby divided into the following
zoning districts:
A. Preservation Districts.
HP Historic Preservation District.
FRP Fox River Preservation District.
B. Residence Conservation Districts.
RCI Residence Conservation District.
RC2 Residence Conservation District.
RC3 Residence Conservation District.
PRC Planned Residence Conservation District.
10
C. Residence Districts.
SFR1 Single Family Residence District.
SFR2 Single Family Residence District.
TFR Two Family Residence District.
MFR Multiple Family Residence District.
PSFR1 Planned Single Family Residence District.
PSFR2 Planned Single Family Residence District.
PTFR Planned Two Family Residence District.
PMFR Planned Multiple Family Residence District.
D. Community Facility District.
CF Community Facility District.
PCF Planned Community Facility District.
E. Business Districts.
RB Residence Business District.
NB Neighborhood Business District.
AB Area Business District.
CC1 Center City District.
CC2 Center City District.
PRB Planned Residence Business District.
PNB Planned Neighborhood Business District.
fol` PAB Planned Area Business District.
PCC Planned Center City District.
W
F. Industrial Districts.
ORI Office Research Industrial District.
GI General Industrial District.
CI Commercial Industrial District.
PORI Planned Office Research Industrial District.
PGI Planned General Industrial District.
19.07.400 Restrictiveness of Zoning Districts.
For the purposes of this title, the restrictiveness of
the zoning districts, excluding the preservation districts
and the planned development districts, from the most
restrictive zoning district to the least restrictive zoning
district in descending order shall be as follows:
11
19.07.500 Zoning District Boundary Standards.
Zoning district boundaries should be coterminous with
"interior lot lines" [SR]. Zoning district boundaries
should not be coterminous with "streets" [SR7. Where an
individual zoning district includes property adjoining a
street, that district should also include the property
directly opposite and across the street.
19.07.600 Official Zoning District Map.
A. Incorporation. The location and boundaries of the zoning
districts established by this chapter are set forth in
the Official Zoning District Map, dated August 2. 1992,
as may be amended from time to time, which is incorpor-
ated herein and hereby made a part of this chapter and
title. The map shall be published as provided by lav as
12
Zoning District.
Restrictiveness.
SFR1
Single Family Residence.
Most Restrictive,
SFR2
Single Family Residence.
I
!
RCI
Residence Conservation.
I
i
RC2
Residence Conservation.
t
t
RC3
Residence Conservation.
f
!
TFR
Two Family Residence.
I
t
MFR
Multiple Family.
I
i
CF
Community Facility.
t
1
RB
Residence Business.
1
!
NB
Neighborhood Business.
1
I
AB
Area Business.
i
I
CC1
Center City District.
1
t
CC2
Center City District.
I
ORI
Office Research Industrial.
I
i
GI
General Industrial.
i
1
CI
-
Commercial Industrial.
t
Least Restrictive.
19.07.500 Zoning District Boundary Standards.
Zoning district boundaries should be coterminous with
"interior lot lines" [SR]. Zoning district boundaries
should not be coterminous with "streets" [SR7. Where an
individual zoning district includes property adjoining a
street, that district should also include the property
directly opposite and across the street.
19.07.600 Official Zoning District Map.
A. Incorporation. The location and boundaries of the zoning
districts established by this chapter are set forth in
the Official Zoning District Map, dated August 2. 1992,
as may be amended from time to time, which is incorpor-
ated herein and hereby made a part of this chapter and
title. The map shall be published as provided by lav as
12
ork a part of this title, as though fully set forth and
described herein. The map shall be filed with the
office of the City Cleric and certified copies shall be
made available for public purchase and inspection in the
Planning Department during standard business hours.
B. Interpretation. Where the precise location of any zoning
district boundary shown on the Official Zoning District
Map is unclear, the following rules shall be used by the
"Development Administrator" [SR] to make a determination:
1. Corporate Limits. District boundaries shown as
following or approximately following the limits of the
city shall be interpreted as following the corporate
limits.
2. Property Lines. District boundaries shown as
following or approximately following the property
lines on a tax parcel map or on a recorded plat of
subdivision shall be interpreted as following such
property lines.
3. Railroad Lines. District boundaries shown as fol-
lowing or approximately following railroad lines shall
be interpreted as following the centerline of the main
tracks of such a railroad line.
4. Rights of Way. District boundaries shown as following
or approximately following rights of way shall be
interpreted as following the centerline of such a
right of way.
5. Watercourses. District boundaries shown as following
or approximately following watercourses shall be
interpreted as moving with the centerline of the
channel.
S. Parallel Boundaries. District boundaries shown as
separated from and parallel or approximately parallel
to any of the features described in paragraphs one [1]
through five [5] of this subsection shall be
interpreted to be parallel to such features and at
such distances therefrom that may be determined from
the Official Zoning District Map.
19.70.700 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
Fi�7
Chapter 19.10
LAND USE
Sections:
19.10.100 Purpose and Intent.
19.10.200 Supplementary Regulations.
19.10.300 Use of Land and Structures.
19.10.400 Permitted and Conditional Use Lists.
19.10.500 Authorized Land Use Variations.
19.10.600 Appeals.
19.10.100 Purpose and Intent.
The purpose and intent of the provisions for land use is
to establish general regulations concerning which land uses
may locate in each zoning district established by this
title.
19.10.200 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or 9phrase from
the applicable supplementary regulation.
19.10.300 Use of Land, Structures, and Buildings.
The use of land, structures and buildings shall be
regulated as follows:
A. Allowable Uses. "Nonconforming uses" [SR]; and the
"permitted uses" [SR]; the "conditional uses" [SR7; and
the "similar uses" [SR] listed and designated for each
zoning district in this title shall be the only allowable
"uses" [SR] of land, "structures" [SRI, and "buildings"
[SR].
B. Prerequisites of Use.
1. All "land uses" [SR] shall be conducted wholly within
an "enclosed building" [SR7, except where specifically
provided otherwise. 4)
14
2. In all business districts, there shall be no manu-
facturing, processing, or treatment of products unless
such activities are an "accessory use" [SR].
3. All land uses shall be subject to the provisions of
Title 9, Health and Safety.
19.10.400 Permitted, Conditional, and Similar Land Uses.
The provisions for the interpretation and utilization of
the land use lists, encompassing permitted uses, conditional
uses, and similar uses for each zoning district shall be as
follows:
A. Organization. The lists of permitted, conditional, and
similar uses for each zoning district represent an all
inclusive list of land uses, structures, and buildings
arranged by land use divisions according to the type of
activity in which a use, structure, or building is en-
gaged. The land use divisions are based on the econo-
mic divisions, major economic groups, industry groups,
and industries listed in the Standard Industrial Classi-
fication Manual [SIC Manual], 1987 Edition, prepared by
the Executive Office of the President, Office of Manage-
ment and Budget. Each land use, structure, or building
enumerated in the lists of permitted uses, conditional
uses, and similar uses is denoted with its standard
industrial classification, code in, parentheses. A land
use, structure, or building, which is unclassified with
respect to the SIC Manual is denoted with the symbol
"[UNCL]".
B. Land Use Divisions. The land uses, structures, and build
ings enumerated in the lists of permitted uses, condi-
tional uses, and similar• uses for each zoning district
are organized according to the following land use divi-
sions:
Residences Division.
Municipal Services Division.
Offices Division.
Public Administration Division.
Finance, Insurance,
and Real Estate Division.
Services Division.
Retail Trade Division.
15
Agriculture Division.
Mining Division.
Construction Division.
Manufacturing Division.
Wholesale Trade Division.
Transportation, Communications,
and Utilities Division.
Miscellaneous Uses Division.
C. Permitted Uses. A land use, structure, or building, spe-
cifically enumerated in the list of permitted uses for
the zoning district in which it is to be located shall be
a use allowed by right, subject to the applicable provi-
sions of this title and code.
D. Conditional Uses. A land use, structure, or building
specifically enumerated in the list -of conditional uses
for the zoning district in whici, it is to be located
shall be subject to the provisions Chapter 19.65, Condi-
tional Uses and to the other applicable provisions of
this title and code.
E. Similar Uses. A land use, specifically enumerated in the
list of similar uses for the zoning district in, which it
is to be located shall be subject to the provisions of
Subsection 19.10.400 H., Land Use Classification. Sim-
ilar uses are categories of uses, listed by industry in
the SIC Manual. Because of the potential for differences
between the customary and traditional characteristics of
these land uses versus an intended similar land use, the
Development Administrator shall render a determination
for each intended similar use. The Development Admin-
istrator shall determine whether- such intended similar
use is a permitted use or a conditional use in the dis-
trict in whici, it is listed or in a less restrictive
zoning district, subject to the provisions of Section
19.07.400, Restrictiveness of Zoning Districts.
F. Component Land Uses. If the intended use of a "zoning
lot" [SR] is comprised of two [2] or more component land
uses, structures, or buildings, as specifically enumerat-
ed in the lists of permitted uses and conditional uses or-
es determined by the Development Administrator, subject
to the provisions of Section, 19.10.400, H. Classification,
of Land Use., the locational requirements for each com-
ponent land use, structure, and building shall be met
according to whether or not it is designated as a permit-
ted use or conditional use in the zoning district in
16
which it is to be located. All conditional uses shall be
subject to the provisions of Chapter 19.65, Conditional
Uses.
"Accessory uses" [SRI shall be subject to the provisions
of Section 19.90.000 Accessory Uses.
Land uses, structures, amd buildings modified with the
word "accessory" [SRI in the lists of permitted uses or
conditional uses, or in an applicable supplementary
regulation shall be subject to the provisions of Section
19.90.015 Accessory.
G. Planned Developments. The land uses permitted within a
planned development district or as a conditional use
for a planned development shall be as approved by the
City Council, subject to the provisions of Chapter 19.60,
Planned Developments.
H. Classification of Land Uses. The "Development Admini-
strator" [SRI shall utilize the following criteria in
classifying an intended land use, whether existing or
proposed, as a land use, which is specifically enumerated
in the lists of permitted uses or conditional uses:
1. Most Restrictive and Similar Use. The intended land
use shall be classified as that most restrictive land
use and as that most similar land use, which is speci-
fically enumerated in the lists of permitted uses and
conditional uses, while allowing the reasonable use of
the land.
2. Land Use Characteristics. The characteristics of a
land use shall be utilized in classifying the intended
land use as a land use, which is specifically enumer-
ated in the lists of permitted uses and conditional
uses. For the purposes of this section, the charac-
teristics of a land use shall include, but shall not
be limited to function, operation, and traffic.
3. Customary and Traditional. The characteristics of the
intended land use shall be consistent with the custom-
ary and traditional characteristics of the land use,
which is specifically enumerated in the lists of per-
mitted uses and conditional uses.
4. SIC Manual Description. The characteristics of the
intended land use shall be consistent with the
descriptive narrative provided in the SIC Manual for
the economic division, major group, industry group,
and industry for the land use, which is enumerated in
the lists of permitted uses and conditional uses.
17
5. Purpose of the Zoning Districts. The characteristics
of the intended land use shall be consistent with the ""
purpose and intent of the zoning district in which it
is located or in which it is to be located as a per-
mitted use or as a conditional use.
19.10.500 Authorized Land Use Variations.
Variations from the regulations of this chapter may be
granted only in conformance with the provisions of Chapter
19.70 Variations and only in the following instance and no
others:
To allow the nonconforming use of a structure, which has
not been abandoned to be changed to another- nonconforming
use permitted in the same zoning district in which the
original use is listed as a permitted use, or it may be
changed to a nonconforming use permitted in a more re-
strictive zoning district, provided that the associated
structure is designed and intended for a use not permit-
ted in the district in which it is located and subject to
the provisions of Chapter 19.70, Variations, Section
19.07.400, Restrictiveness of Zoning Districts.
19.10.600 Appeals.
Any requirement, determination, or interpretation,
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
18
Sections:
Chapter 19.12
SITE DESIGN
and Intent.
ntary Regulations.
,ots - Clarifications and Exceptions.
- Clarifications and Exceptions.
-y Structures and Buildings.
,ions in Yards.
Ping.
:ed Site Design Variations.
►d Intent.
intent of the provisions for site design
aral regulations for the development of
19.10.200 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SRI" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
9phrase from the applicable supplementary regulation.
19.12.300 Zoning Lots - Clarifications and Exceptions.
The following clarifications and exceptions shall be
applicable to "zoning lots" [SRI in the zoning districts
specified:
A. Combination of Land Required. In all zoning districts,
for two 121 or more contiguous parcels of land, which are
held in single ownership or unified control, if one [ll
or more such parcels of land are deficient in the area or
dimension required in order to comply with all of the
"site design regulations" [SRI of the zoning district in
which such parcels of land are located, such contiguous
parcels of land shall be combined in such a manner as to
provide for conforming zoning lots to the extent that is
physically possible, except as may be provided otherwise
in Section 19.12.300, D. Eighty Percent Provision.
19
B. Reduction of Land Area and Dimension Prohibited. In all
zoning districts; for a single parcel of land; or for two
[2I or more contiguous parcels of land, which are held in
single ownership or unified control; the area or dimen-
sion of such parcel or parcels of land shall not be re-
duced to an amount which is less than that required in
order to comply with all of the site design regulations
for providing a conforming zoning lot in the zoning
district in which such parcel or parcels of land are
located, except as may be provided otherwise in Section
19.12.300, D. Eighty Percent Provision.
C. Division of Zoning Lots. In all zoning districts, no
zoning lot shall be divided into two [2] or, more zoning
lots unless all zoning lots resulting from such division,
shall conform to all of the site design regulations of
the zoning district in which such resulting zoning lots
are located.
D. Eighty Percent Provision. In all zoning districts, if
one [1] or more adjoining vacant "lots of record" [SR]
with continuous frontage on a public right of way are
held in single ownership or unified control, and such
lots of record were properly recorded prior to the
effective date of this title, and if one [ 1 ] or more of
the lots do not meet the requirements established for 01
minimum zoning "lot width* [SR3 and minimum zoning "lot
area" [SR] for the zoning district in which they are
located, the following rules shall apply:
1. Where such lot or lots of record consist of sufficient
width and area to provide at least eighty [80] percent
of the width and area required for three [3] or less
zoning lots in the zoning district in which they are
located, such land may be divided for use into three
[3] or less zoning lots, each of whici, shall have at
least eighty [80] percent of the lot width and lot
area otherwise required.
2. Where such lot or lots of record consist of between,
eighty [80] percent and one hundred [100] percent of
the lot width or lot area required for the
establishment of three zoning lots, the land may be
divided for use in one of the following ways:
a. The land may be divided into three [3] or less
zoning lots, each of which is equal in lot width
and lot area; or-
b. The land may be divided into three [3] or less
zoning lots, all but one [ 1 ] of whici, has one
hundred [100] percent of the lot width and lot area
required in the zoning district in whici, they are
located, and the remaining lot having not less than,
eighty [80] percent of the required lot width and
lot area.
3. No lot intended for a "multiple family dwelling" [SR]
shall be eligible for a reduction of the minimum re-
quired lot area for the zoning district in which they
are located under the provisions of this subsection.
E. Principal Buildings per Zoning Lot. In all zoning dis-
tricts, no more than one [1] "principal building" [SR]
shall be allowed on a zoning lot.
19.12.400 Setbacks - Clarifications and Exceptions.
In all zoning districts, the following exceptions and
clarifications shall be applicable to the minimum required
"building" [SR] "setbacks" CSR] and "vehicle use area
setbacks" [SR] from a "lot line" CSR]:
A. Average Setbacks. In all zoning districts, where fifty
1503 percent or more of the zoning lots with the same
street frontage on a block located between, two [2]
intersecting "street" [SR] rights of way are located
within the same mapped zoning district, and where such
zoning lots are developed with buildings or vehicle use
areas, the minimum required building setbacks and vehicle
use area setbacks from a "street lot line" [SR], a "side
lot line" [SR], an "interior lot line" [SR1, a "rear lot
line" [SR] or a "transition, lot line" [SR] for an unde-
veloped zoning lot located on such block shall not be
less than, the average setback from each type of lot line
of such developed zoning lots, whether or not the average
is greater or less than the minimum required setback.
For the purpose of calculating the average existing
building setback and vehicle use area setback from each
type of lot line, each setback for the undeveloped zoning
lot shall be included in the calculation with each mini-
mum required building setback and vehicle use area set-
back for the zoning district in which the undeveloped
zoning lot is located. Where there are five [5] or more
zoning lots, the zoning lot with the greatest setback and
the least setback from each type of lot line shall not be
included in the calculation.
C. Overlapping Setbacks Prohibited. In all zoning dis-
tricts, the "yard" [SR3 area established by a required
minimum setback for a structure, building, or vehicle use
area shall not overlap or again be included as the yard
area established by a required minimum setback for
another structure, building, or vehicle use area, unless
specifically provided otherwise by Section 19.12.600,
Obstructions in Yards.
21
D. Reduction of Setbacks Prohibited. In all zoning dis-
tricts, no zoning lot shall be reduced in area or dimen-
sion such that an existing required minimum building or
vehicle use area setback or other existing required yard
areas become less than that required by the site design
regulations for the zoning district in which the zoning
lot is located.
E. Vehicle Use Area Street Setback Exception. For a zoning
lot within a business district or an industrial district,
which adjoins a residence conservation district, a
residence district, or a community facility district
Along the same street frontage, the minimum required
vehicle use area setback from the street lot line shall
be equal to the minimum required building setback from a
street lot line for the adjoining more restrictive zoning
district.
Such vehicle use area setback shall extend parallel to
the street lot line on such zoning lot for a distance
equal to the length of the street lot line along that
same street frontage of the adjoining zoning lot within
the residence conservation district, the residence dis-
trict, or the community facility district, as applicable.
19.12.500 Accessory Structures and Buildings.
The following sections shall govern accessory structures
and buildings:
A. Attached Accessory Buildings. "Accessory buildings" [SR]
which are attached structurally to a "principal building"
[SRI shall be subject to the "site design regulations"
[SRI applicable to the principal building to which the
accessory building is attached for the zoning district in
which they are located, except as may be specifically
provided otherwise.
B. Detached Accessory Buildings.
1. In all residence conservation districts, a detached
accessory building may be located a minimum of three
137 linear feet from an "interior lot line" [SRI and
shall be located a minimum of ten (10) linear feet
from an "alley" [SRI.
2. In all residence conservation districts, in all
residence districts, and in the CF Community Facility
District, detached accessory buildings shall be
located a minimum of four [47 feet from the nearest
wall of a principal building. In all other zoning
districts, detached accessory buildings shall be
22
located a minimum of ten 1101 feet from the nearest
wall of a principal building.
C. Height of Accessory Structures and Buildings.
1. In all residence conservation districts, in all
residence districts and in the CF Community Facility
District, the 'height" CSRI of accessory structures
and buildings shall not exceed fifteen 1151 feet,
except as may be specifically provided otherwise, and
except that in those zoning districts overlaid with
the HP Historic Preservation District, such accessory
structures and buildings shall not exceed twenty five
1253 feet in height.
2. In all other zoning districts, the height of accessory
structures and buildings shall not exceed the height
of the principal building, except as may be specifi-
cally provided otherwise.
19.12.600 Obstructions in Yards.
The following sections shall govern obstructions in
yards:
A. View Obstructions. Line of sight control areas shall be
maintained at the intersections of all "streets" [SR7,
"alleys" [SRI, "driveways" [SRI, or approaches. A line
of sight control area shall be that portion of a property
located within twenty five 1251 feet of the intersection
of two 121 right of way lines or where no right of way
line exists, the intersection of the two 121 edges of
pavement of the intersecting streets, driveways, or
approaches. No visual obstructions between three 133
feet in "structure height' [SR] and eight 181 feet in
height shall be located withir, the line of sight control
area.
B. Landscape Yards. The following obstructions shall be the
only obstructions, which shall be allowed withir, a "tran-
sition landscape yard" [SR1 or within a "vehicle use area
landscape yard" [SRI:
1. Arbors and trellises ten 1101 linear feet in height or
less.
2. "Driveways" ISR1 only within vehicle use area land-
scape yards, subject to the provisions of Chapter
19.45, Off Street Parking.
3. "Fences and walls" [SR1.
4. Landscaping structures including but not -limited to
lawn furniture, sundials, birdbaths, fountains, and
sculptures.
5. Landscaping: trees, shrubs, flowers, and lawns.
23
6. Pedestrian walkways, steps, stoops, and ramps, which
are necessary for access to a structure, open to the
sky, five 157 feet or less in width, four 141 feet or
less in height above the established grade, and
located one [1] foot or more from an "interior lot
line" [SRI.
7. "Treatment, transmission, and distribution facilities
for public utilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR1.
_C. Side Yard. The following obstructions shall be the only
obstructions which shall be allowed within a "side yard"
[SRI:
1. Any of the obstructions enumerated in Section,
19.12.600, B. Landscape Yards.
2. "Accessory structures" [SRI and "accessory buildings"
[SRI, encroaching zero 101 linear feet into the re-
quired "building" [SR] "setback" [SR] from the ap-
plicable "lot line" [SRI, unless specifically enumer-
ated as an allowable obstruction in a "side yard"
[SRI, "street yard" [SRI or in a "rear yard" ISRI, or.
unless specifically provided otherwise in this sect-
ion, chapter, or title, and subject to the provisions
of Section 19.12.500, Accessory Structures and Build-
ings.
3. Awnings and canopies only within residence conserva-
tion, districts and residence districts, encroaching
three 131 linear feet or less into the required
"building" [SRI "setback" [SRI from the applicable
"lot line" [SRI.
4. Awnings, canopies, and marquees only within community
facility districts, business districts, and
industrial districts, encroaching four- [4I linear
feet or less into the required building setback from
the applicable lot line.
5. Architectural ornamental features of a "principal
building" [SRI: Sills, belt courses, wing walls, and
cornices, encroaching two 12I linear feet or less
into the required building setback from the applic-
able lot line.
6. Bay windows, to a maximum of one 111 story in
height, encroaching zero 107 linear feet into the
required building setback from the applicable lot
line.
7. Chimneys, encroaching two 12I linear feet or less
into the required building setback from the
applicable lot line.
S. Decks, patios, porches, and terraces open to the sky,
encroaching zero 101 linear feet into the required
building setback from the applicable lot line.
9. Eaves, soffits, gutters, and cantilevers, encroaching
three 131 linear feet or less into the required
building setback from the applicable lot line.
24
10. Gardens for growing fruits and vegetables only vithin
residence conservation districts and residence
districts.
11. Heating, ventilation, and air conditioning equipment,
encroaching three [3] linear feet or less into the
required building setback from the applicable lot
line.
12. Off street "loading facilities" [SR] open to the sky,
encroaching zero [0] linear feet into the required
building setback from the applicable lot line, and
subject to the provisions of Chapter 19.47, Off
Street Loading.
D. Street Yards. The following obstructions shall be the
only obstructions which shall be allowed within a "street
yard" [SRI:
1. Any of the obstructions enumerated in Section
19.12.600, C. Side Yard.
2. Bay windows, to a maximum of one Ell story in height,
encroaching three [3] linear feet or less into
the required building setback from the applicable lot
line.
3. Canopies only within, community facility districts,
business districts, and industrial district, en-
croaching zero [0] linear feet into the required
"vehicle use area setback" [SR] from the applicable
lot line.
4. Heating, ventilation, and air conditioning equipment,
encroaching zero [0] linear feet into the required
building setback from the applicable lot line.
E. Rear Yard. Within a rear yard, no allowable obstruction,
shall encroach into a required building setback from an
interior lot line, except as may be specifically provided
otherwise in this section, chapter, or title. The fol-
lowing obstructions shall be the only obstructions which
shall be allowed within a rear yard:
1. Any of the obstructions enumerated in Section
19.12.600, B. Landscape Yards, which may encroach in-
to a required "building" [SR3 "setback" [SR] from an
"interior lot line" [SR7.
2. "Accessory structures" [SR] and "accessary buildings"
[SR7, encroaching zero [0] linear feet into the re-
quired "building" [SR] "setback" [SR] from an, "inter-
ior lot line" [SR], unless specifically provided
otherwise and subject to the provisions of Section,
19.12.500, Accessory Structures and Buildings.
3. Awnings and canopies, encroaching zero [0] linear
feet into the required "building setback" [SR] from
the "rear lot line" [SR].
4. Architectural ornamental features of a "principal
building" [SR]: Sills, belt courses, wing walls, and
25
cornices, encroaching zero 103 linear feet into the
required building setback -from the rear lot line.
6. Bay windows, to a maximum of one [11 story in
height, encroaching zero 103 linear feet into the
required building setback from the rear lot line.
7. Chimneys, encroaching zero 103 linear feet into the
required building setback from the rear lot line.
S. Decks, patios, porches, and terraces open to the sky.
9. Eaves, soffits, gutters, and cantilevers, encroaching
three 133 linear feet or less into the required
building setback from the rear lot line.
10. Gardens for growing fruits and vegetables only within
residence conservation districts and residence
districts.
11. Heating, ventilation, and ai•r conditioning equipment,
encroaching zero 103 linear feet into the required
building setback from the rear lot line.
12. Off street "loading facilities" [SR3 open to the
sky, subject to the provisions of Chapter 19.47, Off
Street Loading.
13. Playground and recreational equipment and facilities.
14. "Signs" [SR3, subject to the provisions of Chapter
19.50, Signs.
15. Swimming pools and equipment.
19.12.700 Landscaping.
The minimum required landscaping for "transition land-
scape yards" [SR3, *vehicle use area landscape yards" [SR3,
and "interior landscape yards" [SR3 to be installed and
maintained on a zoning lot shall be as follows:
A. Transition Landscape Yard - Less Than Fifty Feet. For
required transition landscape yards, which are less than
fifty C503 linear feet in depth, a compact, continuous
screening hedge comprised of shrubs shall be installed on
three and one half [3.53 foot centers and at a minimum of
four [43 feet in height along the entire length of the
"transition lot line" [SRI, and such hedge shall be main-
tained at a minimum of six 163 feet in height within the
required transition landscape yard. A "solid fence" [SR]
six 163 feet in height may be installed in lieu of or in
any combination with the screening hedge, provided that
the solid fence is not located between the hedge and the
transition lot line. All landscaping and fencing shall
be subject to the provisions of Section 19.12.600 Ob-
structions in Yards.
B. Transition Landscape Yard - Greater Than Fifty Feet. For
required transition landscape yards, which are fifty 1501
linear feet in depth or more, the required landscaping 41
shall be installed within the first fifty (50) linear
26
feet of transition landscape yard depth adjoining a
"transition lot line" [SRI as follows:
1. Shade Trees. The minimum number of required shade
trees to be installed shall be calculated as follows:
Number of shade trees [ST] shall equal the area of the
transition landscape yard [TLYA] in square feet
divided by seventeen hundred [1,700] square feet.
Minimum number of shade trees can be expressed by the
following formula: ST = TLYA / 1,700.
2. Evergreen and Ornamental Trees. The minimum number of
required evergreen or ornamental trees to be installed
shall be calculated as follows:
Number of evergreen or ornamental trees [EDT] shall
equal the area of the transition landscape yard [TLYAI
in square feet divided by seventeen hundred [1,7001
square feet. Minimum number of evergreen or ornamental
trees can be expressed by the following formula: EDT =
TLYA / 1,700.
3. Shrubs. The minimum number of required shrubs to be
installed shall be calculated as follows:
Number of shrubs [S] shall equal the area of the
transition, landscape yard [TLYA] in square feet
divided by one hundred [100] square feet. Minimum
number of shrubs can be expressed by the following
formula: S = TLYA / 100.
Shrubs may be deciduous or- coniferous.
4. Berms. An earth mounded berm shall be constructed
within the transition landscape yard parallel to the
entire length of the transition lot line. The berm
shall be a minimum of five [5] linear feet in height
and shall be a minimum of fifteen [15] linear feet in
width at the base. The slope of the berm shall not
exceed thirty three [33] percent.
5. Ground Cover. A suitable pervious ground cover shall
be installed on the entire surface of the transition
landscape yard.
S. Location. Required landscaping shall be located to
provide the maximum benefit to the adjacent zoning
lot, which adjoins the transition lot line.
C. Vehicle Use Area Landscape Yard. For required vehicle
use area landscape yards, the required landscaping shall
be as follows:
27
1. Trees. The minimum number of required trees to be
installed shall be calculated as follows:
Number of trees [T] shall equal the length of the
perimeter of the vehicle use area [VUAP] in linear
feet divided by fifty 1501 linear feet. That part of
the perimeter of a vehicle use area directly adjoining
a "building" [SR] on the same "zoning lot" [SR] shall
not be included in the measurement of the perimeter- of
the vehicle use area. Required trees may be grouped,
but there shall not be less then two [2] trees for
each side of the vehicle use area. The minimum number
of trees can be expressed by the following formula:
T = VUAP / 50.
Required trees may be shade trees, evergreen, trees, or
ornamental trees.
2. Screening. Vehicle use areas shall be effectively
screened along fifty [50] percent of each side,
excepting that part of any side directly adjoining a
building on the same zoning lot. Screening small be
comprised of any combination of plant material, earth
mounded berms, garden walls, or fencing. If plant
material is used, the minimum number of required
shrubs to be installed shall be calculated as follows:
Number of shrubs [S] shall equal the length of the
perimeter of the vehicle use area [VUAP] in linear
feet divided by ten [10] linear feet; the quotient
times three 131 shrubs. Minimum number of shrubs can
be expressed by the following formula: S = (VUAP
/ 10) x 3.
Required shrubs shall be maintained at not less than►
two 123 feet in height at any location and not more
than three 133 feet in height within any required
building "setback" [SR] from a "street lot lir►e" [SR].
Shrubs may be deciduous or coniferous. Required earth
mounded berms, garden walls, and fencing shall be
constructed at not less than two [21 feet in height at
any location. No chain link or mesa, type of fence
with "inserted screening slats" shall be acceptable in
complying with the provisions of this section. In
certain unique circumstances, such as unusual site
topography, the "Development Administrator" [SR] may
require that shrubs, earth mounded berms, garden
walls, and fencing be constructed or maintained at a
greater height.
3. Ground Cover. A suitable pervious ground cover shall
be installed on the entire surface of the vehicle use
area landscape yard.
28
4. Exceptions and Clarifications.
a. Within the ORI Office Research Industrial District
and the GI General Industrial District, no trees or
screening need be installed in a vehicle use area
landscape yard, or in any portion thereof, which is
located within the required building setback from a
street lot line, except on those sides of a vehi-
cle use area, which face a public right of way, or
a residence district, a residence conservation dis-
trict, a community facility district, or a business
district.
b. Within, community facility districts, business
districts, and industrial districts, vehicle use
areas shall be effectively screened along one
hundred [100] percent of each side adjoining a
residence conservation, district, residence
district, or community facility district.
c. Vehicle use area landscape yards located within
parks or golf courses need not install landscaping.
D. Interior Landscape Yard. The minimum total area of a
required "interior landscape yard" [SR] shall not be less
than five (5) percent of the total "vehicle use area"
[SR] on a "zoning lot" [SR]. No amount of area in a "ve-
hicle use area landscape yard" [SR], whether required
or provided shall be counted as the minimum required area
of an interior landscape yard.
In order to ensure adequate dispersion, there shall not
be
less than one (1) separate interior landscape yard for
each twenty thousand (20,000) square feet of total vehi-
cle use area on a zoning lot. No required interior land-
scape yard shall be less than two hundred fifty (250)
square feet in area. Interior landscaping yards, which
adjoin a vehicle use area shall be defined by perimeter
six (6) inch by eighteen, (18) inch P.C. concrete reen-
for-ced curb.
For required interior landscape yards, the required land-
scaping shall be as follows:
1. Trees. The minimum number of required trees to be
installed shall be calculated as follows:
Number of trees [T] shall equal the required interior
landscape yard LILY] in square feet divided by two
hundred fifty [250] square feet. The minimum number
of trees can be expressed by the following formula:
T = ILY / 250.
29
Required trees may be shade trees, evergreen trees, or
ornamental trees.
2. Shrubs. The minimum number of required shrubs to be
installed shall be calculated as follows:
Number of shrubs [S] shall equal the required interior
landscape yard [ILY] in squame feet divided by two
hundred fifty [250] square feet. The minimum number
of shrubs can be expressed by the following formula:
S = I LY / 250.
Required shrubs shall be maintained at not less than
two [27 feet in height at any location and not more
than three [3] feet in height within any required
building setback from a street lot line. Shrubs may
be deciduous or coniferous.
3. Ground Cover. A suitable pervious ground coven shall
be installed on the entire surface of the interior -
landscape yard.
E. Plant Materials - Generally. Plants shall meet the
standards of the "American Standard for Nursery Stock,*
ANSI Z60.1-1990, American Association of Nurserymen.
Plants shall meet all requirements of federal, state, and
local law with respect to plant type, labeling, nursery
or plant inspection, disease, insect, and other pest
infestation. and any other requirements. Plants shall be
high quality nursery grown stock. No substandard IS
Grade" or "Park grade" plants shall be acceptable. Plants
shall have been grown in a climate similar to the City of
Elgin's. No plant from a warmer climate shall be accept-
able. Plants shall be in a healthy, vigorous condition,
free of dead or broken branches, scars that are not
completely healed, frost cracks, disfiguring knots, or
broken or abraded bark. Plants shall have full, even,
and well developed branching and a dense, fibrous, and
vigorous root system.
1. Shade Trees. At the time of installation, required
shade trees shall measure not less than three [3]
inches in diameter nor, less than ten 1107 feet in
height, and shall include a minimum of four [4]
species with each species accounting for- twenty five
[25] percent of the total number- of the shade trees
required to be installed on a zoning lot. The follow-
ing trees shall not be permitted: American elms,
Chinese elms, cottonwood, box elders, silver maples,
poplars in variety, willows in variety, or other
similar fast growing brittle wood species.
30
2. Evergreen and Ornamental Trees. At the time of
installation, required evergreen trees shall measure
not less than six 163 feet in height. Required
ornamental trees shall measure not less than two 12I
inches in diameter. Required evergreen and ornamental
trees shall include a minimum of two [2I species with
each species accounting for fifty 150]] percent of the
total number of the evergreen or ornamental trees
required to be installed on a zoning lot.
3. Shrubs. At the time of installation, required
deciduous shrubs shall measure not less than twenty
four [24] inches in height, and required coniferous
shrubs shall not be less than eighteen [183 inches in
height.
E. Existing Vegetation. Existing vegetation that does not
restrict the development of a zoning lot, being of a size
and type, and in good health such that it would be an
asset rather than detrimental to site development shall
be preserved as may be required by the Development
Administrator.
F. Maintenance. Required landscape yards shall be
maintained free of litter and weeds, and all dead and
unsightly plant material shall be replaced.
G. Traffic Hazards. At no time shall required landscaping
be permitted to constitute a traffic hazard.
19.12.800 Authorized Site Design Variations.
Variations from the site design regulations may be
granted only in conformance with the provisions of Chapter
19.70, Variations and only in the following instances and no
others:
A. Area, Width, and Setback. To permit a departure from the
required minimum "lot area" [SRI, "lot width" [SRI,
"setback" CSRI, or depth of a "landscape yard" [SRI.
B. Site Capacity. To permit an increase of the maximum
floor area, building coverage, accessory building
coverage, or vehicle use area.
C. Height. To permit an increase in the required maximum
height of a structure or building.
D. Setback for Security Fence. To permit the reduction
of a required minimum setback for a fence to provide for
the construction of a security "fence" [SRI within a
Community facility district, business zoning district, or
an industrial zoning district. Such security fence shall
31
be an "open fence" [SRI, shall not exceed ten 1103 feet
in height, and in addition thereto shall not have more
than three [3I strands of barbed wire. A security fence
shall be screened by plant material, earth mounded berms,
or by any combination thereof. Screening shall be main-
tained at a height of not less than two [2I feet nor more
than three [3I feet within any required setback from a
"street lot line" [SRI. Planting areas shall be main-
tained free of litter, weeds, and debris, and all dead
plant material shall be replaced.
The need for such a security fence shall be demonstrated
by the findings and recommendations of the Police
Department. No such security fence shall be an
obstruction to the view of pedestrians or motor vehicles
traveling within the public rights of way
19.12.900 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.70, Appeals.
FL
32
Chapter 19.15
PRESERVATION DISTRICTS
Sections:
19.15.100 Purpose and Intent.
19.15.200 HP Historic Preservation District.
19.15.300 FRP Fox River Preservation District.
19.15.100 Purpose and Intent.
The purpose of the preservation districts is
notification through the use of an overlay zoning
8that other special regulations may effect certain
areas of the city.
19.15.200 HP HISTORIC PRESERVATION DISTRICT.
Sections:
19.15.205 Purpose and Intent.
19.15.220 Supplementary Regulations.
19.15.240 Location and Size of District.
19.15.260 Land Use.
19.15.280 Site Design.
19.15.290 Appeals.
19.15.205 Purpose and Intent.
to provide
district
unique
The purpose of the HP Historic Preservation District is
to promote and to facilitate the provisions of Title 20,
Designation and Preservation of Historically and Architec-
turally Significant Property. The HP zoning district is an
overlay zoning district, and accordingly, the property
located within such a district shall also be subject to the
regulations of the underlying zoning district in which it is
located.
19.15.220 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
33
19.15.240 Location and Size of District.
There shall be no locational standards, or required
maximum or minimum area, which shall be necessary to
constitute a separate HP Historic Preservation District.
19.15.260 Land Use.
The only "land uses" [SR] allowed in the HP Historic
Preservation District shall be the land uses allowed in the
underlying zoning district.
In the HP Historic Preservation District, the site
design regulations shall be the same as the underlying
zoning district.
19.15.290 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.15.300 FRP FOX RIVER PRESERVATION DISTRICT.
[RESERVED]
34
rk
Chapter 19.20
RESIDENCE CONSERVATION DISTRICTS
Sections:
19.20.050 Purpose and Intent.
19.20.100 RC1 Residence Conservation District.
19.20.300 RC2 Residence Conservation District.
19.20.600 RC3 Residence Conservation District.
19.20.900 PRC Planned Residence Conservation District.
19.20.050 Purpose and Intent.
The purpose of the residence conservation districts is
to provide for the conservation of the urban residential
environment of the mature residential neighborhoods of the
city, which developed under significantly different regula-
tions than the current regulations for new residential de-
velopment.
19.20.100 RC1 RESIDENCE CONSERVATION DISTRICT
Sections:
19.20.105 Purpose and Intent.
19.20.110 Supplementary Regulations.
19.20.115 General Provisions.
19.20.120 Zoning Districts - Generally.
19.20.125 Location and Size of District.
19.20.130 Land Use.
19.20.140 Site Design.
19.20.145 Off Street Parking.
19.20.150 Off Street Loading.
19.20.155 Signs.
19.20.160 Nonconforming Uses and Structures.
19.20.165 Amendments.
19.20.170 Planned Developments.
19.20.175 Conditional Uses.
19.20.180 Variations.
19.20.185 Appeals.
19.20.105 Purpose and Intent.
The purpose of the RC1 Residence Conservation District
is to provide for the conservation of the urban residential
environment of the mature residential neighborhoods of the
city, which developed predominantly subsequent to 1962 with
single family detached dwellings.
35
61
19.20.110 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
Of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.20.115 General Provisions.
In the RC1 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
19.20.120 Zoning Districts - Generally.
In the RC1 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts.
19.20.125 Location and Size of District.
No RC1 Residence Conservation District shall be mapped
subsequent to the effective date of this title, unless such
property to be mapped adjoins an existing RCI zoning dis-
trict. There shall be no maximum or minimum area of land,
which shall be necessary to constitute a separate RCI Resi-
dence Conservation District.
19.20.130 Land Use.
In the RCI Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SRI shall be the only land uses
allowed as a "permitted use" [SRI or as a "conditional use"
[SRI in the RC1 Residence Conservation, District:
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
RCI Residence Conservation District:
Residences Division.
1. "Single family detached dwellings" [SRI [UNCLI.
2. "Residential garage sales" [SRI [UNCLI.
3. "Residential outdoor storage of firewood" [SRI.
36
4. "Residential parking areas" [SRI [UNCLI.
5. "Residential storage" [SRI [UNCLI.
6. "Residential storage of trucks or buses" [SRI
[UNCLI.
Municipal Services Division.
7. Public parks, recreation, open space [UNCLI on a
"zoning lot" [SRI containing less than two 12I acres
of land.
Finance, Insurance, and Real Estate Division.
S. "Development sales office" [SRI [UNCLI.
Services Division.
9. "Family residential care facility" [SRI [UNCLI.
10. "Home child day care services" [SRI [UNCLI.
Construction Division.
11. "Contractors office and equipment areas" [SRI
[UNCLI.
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SRI [UNCLI.
13. "Radio and television antennas" [SRI [UNCLI.
14. "Satellite dish antennas" [SRI [UNCLI.
15. "Treatment, transmission, and distribution facili-
ties: poles, wires, cables, conduits, laterals,
vaults, pipes, mains, and valves" [ SR I [UNCLI.
Miscellaneous Uses Division.
16. "Fences and walls" [SRI [UNCLI.
17. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
18. "Accessory structures" [SRI [UNCLI to the permitted
uses allowed in the RC1 Residence Conservation Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
19. "Accessory uses" [SRI [UNCLI to the permitted
uses allowed in the RC1 Residence Conservation Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the RC1 Residence Conservation District:
37
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI on a zoning lot
containing less than two [2I acres of land.
Mining Division.
2. "Temporary mining" [SRI [UNCL].
Transportation, Communication, and Utilities Division.
3. "Other radio and television antennas" [SRI [UNCL].
4. "Other satellite dish antennas" [SRI [UNCL].
5. Railroad tracks [401].
6. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCL].
Miscellaneous Uses Division.
7. "Planned developments" [SRI [UNCL] on a zoning lot
containing less than two 12I acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
S. "Accessory structures" [SRI [UNCL] to the condition-
al uses allowed in the RCI Residence Conservation
District, subject to the provisions of Section,
19.12.500, Accessory Structures and Buildings.
9. "Accessory uses" [SRI [UNCL] to the conditional uses
allowed in the RCI Residence Conservation District,
subject to the provisions of Section 19.10.400, Com-
ponent Land Uses.
19.20.135 Site Design.
In the RC1 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the RC1
Residence Conservation District, the site design regulations
shall be as follows:
A. Zoning Lots - Generally. In the RC1 zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the RCI zoning district, the minimum
required "zoning lot area" [SRI shall be seven
thousand five hundred [7,500] square feet per dwelling
unit.
38
C. Lot Width. In the RCI zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be sixty
[ 603 linear feet.
D. Setbacks - Generally. In the RCI zoning district,
"setbacks" [SRI shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the RC1 zoning district, the
minimum required building setbacks for a zoning lot shall
be as follows:
1. Street Setback. The minimum required building setback
from a "street lot line" [SRI shall be twenty five
[253 linear feet.
2. Side Setback. The minimum required building setback
from a "side lot line" [SRI shall be six [63 linear
feet. The combined width of the side setbacks from
the side lot lines shall not be less than fourteen
[ 143 linear feet.
3. Interior Setback. The minimum required building
setback from an "interior lot line" [SRI shall be six
[ 63 linear feet.
4. Rear Setback. The minimum required building setback
from a "rear lot line" [SRI shall be thirty [303
linear feet.
F. Accessory Structures and Buildings. In the RCI zoning
district, "accessory structures and buildings" [SRI shall
be subject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
G. Yards. In the RC1 zoning district, a "street yard" [SRI,
a "side yard" [SRI, or a "rear yard" [SRI established by
a required building setback or by the actual location of
a building shall be subject to the provisions of Section
19.12.600, Obstructions in Yards.
H. Residential Floor Area. In the RC1 zoning district, the
maximum "residential floor area" [SRI for a single family
zoning lot shall be calculated as follows:
Residential floor area [RFAI in square feet shall equal
"zoning lot area" [SRI in square feet [ZLA3 minus seven
thousand five hundred 17,5003 square feet; the difference
times one hundred forty, thousandths 1.1401; the product
plus two thousand, two hundred fifty 12,2503 square feet.
Maximum residential floor area can be expressed in the
following "site capacity formula" [SRI: RFA = ((ZLA
- 7,500) x .140) + 2, 250) .
K _�
I. Building Coverage. In the RCI zoning district, the
maximum "building coverage" [SR3 for a single family
zoning lot shall be as follows:
Building coveraqe [BCI in square feet shall equal "zoning
lot area" [SRI in square feet 1ZLA3 minus seven thousand,
five hundred [7,500] square feet; the difference times
twelve thousand, six hundred eight, hundred thousandths
[.12608]; the product plus two thousand, four hundred
eighty [2,480] square feet. Maximu", building coverage
can be expressed in the following "site capacity formula"
[SRI: BC = ((ZLA - 7,500) x .12608) + 2, 480) .
J. Accessory Building Coverage. In the RCI zoning district,
the maximum "accessory building coverage" [SR] for a
single family zoning lot shall be as follows:
Accessory building coverage [ABC] in square feet shall
equal "zoning lot area" [SRI in square feet area [ZLA]
minus seven thousand, five hundred [7,500] square feet;
the difference times two thousand, one hundred twelve,
hundred thousandths [.02112]; the product plus seven
hundred ninety two [792] square feet. Maximum accessory
building coverage can be expressed in the following
"site capacity formula" [SRI: ABC = ((ZLA - 7,500)
x .02112) + 792) .
K. Vehicle Use Area. In the RC1 zoning district, the
maximum "vehicle use area" [SR3 for a single family
zoning lot shall be as follows:
Vehicle use area [VUA3 in square feet shall equal "zoning
lot area" [SR] in square feet [ZLAI minus seven thousand,
five hundred [7,500] square feet; the difference times
ninety two, thousandths [.0923; the product plus one
thousand, six hundred eighty [1,6803 square feet. Maximum
vehicle use area can be expressed in the following "site
capacity formula" [SR3: VUA = ((ZLA - 7,500) x .092)
+ 1, 680) .
19.20.140 Off Street Parking.
In the RCI Residence Conservation District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
19.20.145 Off Street Loading.
In the RCI Residence Conservation District, off street Al
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
40
19.20.150 Signs.
In the RCI Residence Conservation District, signs shall
be subject to the provisions of Chapter 19.50, Signs.
19.20.155 Nonconforming Uses and Structures.
In the RCI Residence Conservation District, nonconform-
ing uses and structures shall be subject to the provisions
of Chapter 19.52, Nonconforming Uses and Structures.
19.20.160 Amendments.
In the RC1 Residence Conservation District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments..
19.20.165 Planned Developments.
In the RCI Residence Conservation District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.20.170 Conditional Uses.
In the RC1 Residence Conservation District, conditional
uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.20.175 Variations.
In the RC1 Residence Conservation District, variations
shall be subject to the provisions of Section 19.10.500,
Authorized Land Use Variations, Section 19.12.800, Author-
ized Site Design Variations, and Chapter 19.70, Variations.
19.20.180 Appeals.
Any requirement, determination, or- interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
41
19.20.307D RC2 RESIDENCE CONSERVATION DISTRICT 11
Sections:
19.20.305 Purpose and Intent.
19.20.310 Supplementary Regulations.
19.20.315 General Provisions.
19.20.320 Zoning Districts - Generally.
19.20.325 Location and Size of District.
19.20.330 Land Use.
19.20.340 Site Design.
19.20.345 Off Street Parking.
19.20.350 Off Street Loading.
19.20.355 Signs.
19.20.360 Nonconforming Uses and Structures.
19.20.365 Amendments.
19.20.370 Planned Developments.
19.20.375 Conditional Uses.
19.20.380 Variations.
19.20.385 Appeals.
19.20.305 Purpose and Intent.
The purpose of the RC2 Residence Conservation District
is to conserve the urban residential environment of the
mature residential neighborhoods of the city, which devel-
oped predominantly subsequent to 1950 with single family
detached dwellings.
19.21.310 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
19.20.315 General Provisions.
In the RC2 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
19.20.320 Zoning Districts - Generally.
In the RC2 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts
42
19.20.325 Location and Size of District.
No RC2 Residence Conservation District shall be mapped
subsequent to the effective date of this title, unless such
property to be mapped adjoins an existing RC2 zoning dis-
trict. There shall be no maximum or minimum area of land,
which shall be necessary to constitute a separate RC2 Resi-
dence Conservation District.
19.20.330 Land Use.
In the RC2 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SRI shall be the only land uses
allowed as a "permitted use" [SRI or as a "conditional use"
[SRI in the RC2 Residence Conservation District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
RC2 Residence Conservation, District:
Residences Division.
1. "Single family detached dwellings" [SRI [UNCLI.
2. "Residential garage sales" [SRI [UNCLI.
3. "Residential outdoor storage of firewood" [SRI
[UNCLI.
4. "Residential parking areas" [SRI [UNCLI.
5. "Residential storage" [SRI [UNCLI.
6. "Residential storage of trucks or buses" [SRI
[UNCLI .
Municipal Services Division.
7. Public parks, recreation, open space [UNCLI on a
"zoning lot" [SRI containing less than two -12I acres
of land.
Finance, Insurance, and Real Estate Division.
S. "Development sales office" [SRI [UNCLI.
Services Division.
9. "Family residential care facility" [SRI [UNCLI.
10. "Home child day care services" [SRI [UNCLI.
Construction Division.
11. "Contractors office and equipment areas" [SRI
[UNCLI .
43
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SRI [UNCLI.
13. "Radio and television antennas" [SRI [UNCL].
14. "Satellite dish antennas" [SRI [UNCL].
15. '"Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
[UNCL 7 .
Miscellaneous Uses Division.
16. "Accessory structures" [SRI [UNCL] to the permitted
uses allowed in the RC2 Residence Conservation Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
17. "Accessory uses" [SRI [UNCL] to the permitted
uses allowed in the RC2 Residence Conservation Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
18. "Fences and walls" [SRI [UNCL].
19. "Signs" [SRI [UNCL], subject to the provisions of
Chapter 19.50, Signs.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the RC2 Residence Conservation District:
Municipal Services Division.
1. "Municipal facilities" [SRI CUNCLI on a zoning lot
containing less than two 121 acres of land.
Mining Division.
2. "Temporary mining" [SRI [UNCL].
Transportation, Communication, and Utilities Division.
3. "Other radio and television antennas" [SRI [UNCL].
4. "Other satellite dish antennas" [SRI [UNCL].
5. Railroad tracks [4011.
6. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCL].
Miscellaneous Uses Division.
7. "Planned developments" [SRI [UNCL] on a zoning lot
containing less than two 12I acres of land, subject
to the provisions of Chapter 19.60 Planned Develop41
-
ments.
44
8. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the RC2 Residence Conservation
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
9. "Accessory uses" [SRI [UNCLI to the conditional
uses allowed in the RC2 Residence Conservation Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
19.20.335 Site Design.
In the RC2 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the RC2 zoning
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally. In the RC2 zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the RC2 zoning district, the minimum re-
quired "zoning lot area" [SRI small be six thousand
[6,0007 square feet per dwelling unit.
C. Lot Width. In the RC2 zoning district, the minimum re-
quired lot width for a zoning lot shall be forty eight
[ 487 linear feet.
D. Setbacks - Generally. In the RC2 zoning district,
"setbacks" [SRI shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the RC2 zoning district, the
minimum required building setbacks for a zoning lot shall
be as follows:
1. Street Setback. The minimum required building setback
from a "street lot line" [SRI shall be twenty [201
linear feet.
2. Side Setback. The minimum required building setback
from a "side lot line" [SRI shall be six [6I linear
feet. The combined width of the side setbacks from
the side lot lines shall not be less than twelve 1121
linear feet.
3. Interior Setback. The minimum required building
setback from ars "interior lot line" [SRI shall be
six 161 linear feet.
45
4. Rear Setback. The minimum required building setback
from a "rear lot line" [SRI shall be twenty [20]
linear feet.
F. Accessory Structures and Buildings. In the RC2 zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
G. Yards. In the RC2 zoning district, a "street yard" [SRI,
a "side yard" [SR], or a "rear yard" [SR] established by
a required building setback or by the actual location of
a building shall be subject to the provisions of Section
19.12.600, Obstructions in Yards.
H. Residential Floor Area. In the RC2 zoning district, the
maximum "residential floor area" [SRI for a single family
zoning lot shall be calculated as follows:
Residential floor area [RFA] in square feet shall equal
"zoning lot area" [SRI in square feet [ZLAI minus six
thousand [6,000] square feet; the difference times one
thousand, nine hundred twenty eight, ter, thousandths
[.1928]; the product plus one thousand, eight hundred
[1,800] square feet. Maximum residential floor area can
be expressed in the following "site capacity formula"
[SRI: RFA = ((ZLA - 6,000) x .1928) + 1, 800) .
I. Building Coverage. In the RC2 zoning district, the
maximum "building coverage" [SRI for a single family
zoning lot shall be as follows:
Building coverage [BC] in square feet shall equal "zoning
lot area" [SRI in square feet [ZLA] minus six thousand
[6,000] square feet; the difference times one thousand,
seven hundred twenty nine, ten thousandths [.1729]; the
product plus two thousand, ten [2,0101 square feet.
Maximum building coverage can be expressed in the
following "site capacity formula" [SRI: BC = ((ZLA
- 6,000) x .1729) + 2, 010) .
J. Accessory Building Coverage. In the RC2 zoning district,
the maximum "accessory building coverage" [SRI for a
single family zoning lot shall be as follows:
Accessory building coverage [ABC] in square feet shall
equal "zoning lot area" [SR] in square feet [ZLA] minus
six thousand [6,000] square feet; the difference times
two hundred eighty three, ten thousandths [.0283]; the
product plus six hundred sixty [660] square feet. Maxi-
mum accessory building coverage can be expressed in the
following "site capacity formula" CSR]: ABC = ((ZLA
- 6,000) x .0283) + 1660).
46
K. Vehicle Use Area. In the RC2 zoning district, the
maximum "vehicle use area" [SR] for a single family zon-
ing lot shall be as follows:
Vehicle use area IVUA7 in square feet shall equal "zoning
lot area" [SR] in square feet [ZLA] minus six thousand
[6,000] square feet; the difference times ninety six
million, four hundred twenty eight thousand, five hundred
seventy one, billionths [.096428571; the product plus one
thousand four hundred eighty [1,480] square feet. Maxi-
mum vehicle use area can be expressed in the following
"site capacity formula" [SR7: VUA = ((ZLA - 6,000)
x .096428571) + 1, 480) .
19.20.340 Off Street Parking.
In the RC2 Residence Conservation District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
19.20.345 Off Street Loading.
In the RC2 Residence Conservation District, off street
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
19.20.350 Signs.
In the RC2 Residence Conservation District, signs shall
be subject to the provisions of Chapter 19.50, Signs.
19.20.355 Nonconforming Uses and Structures.
In the RC2 Residence Conservation District, nonconform-
ing uses and structures shall be subject to the provisions
of Chapter 19.52, Nonconforming Uses and Structures.
19.20.360 Amendments.
In the RC2 Residence Conservation District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments..
19.20.365 Planned Developments.
In the RC2 Residence Conservation District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
47
19.20.370 Conditional Uses.
In the RC2 Residence Conservation District, conditional
uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.20.375 Variations.
In the RC2 Residence Conservation District, variations
shall be subject to the provisions of Section 19.10.500,
Authorized Land Use Variations, Section 19.12.800, Author-
ized Site Design Variations, and Chapter 19.70, Variations.
19.20.380 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.20.600 RC3 RESIDENCE CONSERVATION DISTRICT
Sections:
19.20.605 Purpose and Intent.
19.20.610 Supplementary Regulations.
19.20.615 General Provisions.
19.20.620 Zoning Districts - Generally.
19.20.625 Location and Size of District.
19.20.630 Land Use.
19.20.635 Site Design.
19.20.640 Off Street Parking.
19.20.645 Off Street Loading.
19.20.650 Signs.
19.20.655 Nonconforming Uses and Structures.
19.20.660 Amendments.
19.20.665 Planned Developments.
19.20.670 Conditional Uses.
19.20.675 Variations.
19.20.680 Appeals.
19.20.605 Purpose and Intent.
The purpose of the RC3 Residence Conservation District
is to conserve the urban residential environment of the ma-
ture residential neighborhoods of the city, which developed
predominantly prior to 1950 with a mix of single family de -
48
tached dwellings, two family dwellings, and multiple family
dwellings.
19.20.610 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.20.615 General Provisions.
In the RC3 Residence Conservation District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
19.20.620 Zoning Districts - Generally.
In the RC3 Residence Conservation District, the use and
development of land and structures shall be subject to the
?Oh' provisions of Chapter 19.07, Zoning Districts
19.22.625 Location and Size of District.
we
No RC3 Residence Conservation District shall be mapped
subsequent to the effective date of this title, unless such
property to be mapped adjoins an existing RC3 zoning dis-
trict. There shall be no maximum or minimum area of land,
-which shall be necessary to constitute a separate RC3 Resi-
dence Conservation District.
19.20.630 Land Use.
In the RC3 Residence Conservation, District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR] or as a "conditional use"
[SR] in the RC3 Residence Conservation District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
RC3 Residence Conservation, District:
49
Residences Division.
1. "Single family detached dwellings" [SR] [UNCL].
2. "Original residential use" [SR] [UNCLJ.
3. "Residential garage sales" [SR] [UNCLJ.
4. "Residential outdoor storage of firewood" [SR]
[ UNCLJ .
5. "Residential parking areas" [SR] [UNCL].
G. "Residential storage" [SR] [UNCL].
7. "Residential storage of trucks or buses" [SR]
[UNCL ] .
Municipal Services Division.
8. Public parks, recreation, open space [UNCL] on a
"zoning lot" [SR] containing less than two [2] acres
of land.
Finance, Insurance, and Real Estate Division.
9. "Development sales office" [SR] [UNCL].
Services Division.
10. "Family residential care facility" [SR] [UNCLI.
11. "Home child day care services" [SR3 [UNCL].
Construction Division.
12. "Contractors office and equipment areas" [SR]
[ UNCL 7 .
Transportation, Communication, and Utilities Division.
13. "Amateur radio antennas" [SR] [UNCL].
14. "Radio and television antennas" [SR] [UNCL].
15. "Satellite dish antennas" [SR7 [UNCL].
16. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR]
[UNCL].
Miscellaneous Uses Division.
17. "Accessory structures" [SR] [UNCL] to the permitted
uses allowed in the RC3 Residence Conservation Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
18. "Accessory uses" [SR] [UNCL] to the permitted
uses allowed in the RC3 Residence Conservation Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
19. "Fences and walls" [SR] [UNCL].
20. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the RC3 Residence Conservation District:
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI on a zoning lot
containing less than two [2) acres of land.
Mining Division.
2. "Temporary mining" [SRJ [UNCLI.
Transportation, Communication, and Utilities Division.
3. "Other radio and television antennas" [SR) [UNCLI.
4. "Other satellite dish antennas" [SRI 1UNCL7.
5. Railroad tracks 1401).
6. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SR) CUNCL).
Miscellaneous Uses Division.
7. "Planned developments" CSR) [UNCL) on a zoning lot
containing less than two [2) acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
S. "Accessory structures" [SR) [UNCL) to the condition-
al uses allowed in the RC3 Residence Conservation
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
9. "Accessory uses" [SRI [UNCL) to the conditional
uses allowed in the RC3 Residence Conservation, Dis-
trict, subject to the provisions of Section,
19.10.400, Component Land Uses.
19.22.635 Site Design.
In the RC3 zoning district, the site design regulations
shall be as follows:
A. Zoning Lots - Generally. In the RC3 zoning district,
"zoning lots" [SR) shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the RC3 zoning district, the minimum re-
quired "zoning lot area" [SR) for a shall be six
thousand [6,000) square feet per "single family detached
51
dwelling" [SRI. For "original residential uses" [SRI,
encompassing existing "two family dwellings" [SRI and
existing "multiple family dwellings" [SRI, the minimum
required lot area shall be the original lot area at the
time the "land use" [SRI was lawfully established or the
minimum required lot area at the time the land use was
lawfully established, whichever is greater and consti-
tutes the zoning lot area on the effective date of this
title..
C. Lot Width. In the RC3 zoning district, the minimum re-
quired "lot width" [SRI for a zoning lot shall be forty
eight 1481 linear feet.
D. Setbacks - Generally. In the RC3 zoning district,
"setbacks" [SRI shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the RC3 zoning district, the
minimum required building setbacks for a zoning lot shall
be as follows:
1. Street Setback. The minimum required building setback
from a "street lot line" [SRI shall be twenty 1203
linear feet.
2. Side Setback. The minimum required building setback
from a "side lot line" [SRI shall be six [63 linear
feet. The combined width of the side setbacks from
the side lot lines shall not be less than twelve [123
linear feet.
3. Interior Setback. The minimum required building
setback from an "interior lot line" [SRI shall be six
163 linear feet.
4. Rear Setback. The minimum required building setback
from a "rear lot line" [SRI shall be twenty [203
linear feet.
F. Accessory Structures and Buildings. In the RC3 zoning
district, "accessory structures and buildings" [SRI shall
be subject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
G. Yards. In the RC3 zoning district, a "street yard" [SRI,
a "side yard" [SRI, or a "rear yard" [SR3 established by
a required building setback or by the actual location of
a building shall be subject to the provisions of Section
19.12.600, Obstructions in Yards.
FL
52
H. Residential Floor Area. In the RC3 zoning district, the
maximum "residential floor area" [SRI for a zoning lot
shall be calculated as follows:
Residential floor area [RFAI in square feet shall equal
"zoning lot area" [SRI in square feet [ZLAI minus six
thousand 16,0001 square feet; the difference times one
thousand, nine hundred twenty eight, ter, thousandths
1.19281; the product plus one thousand, eight Hundred
[1,800] square feet. Maximum residential floor area can
be expressed in the following "site capacity formula"
[SRI: RFA = ((ZLA - 6,000) x .1928) + 1, 800) .
I. Building Coverage. In the RC3 zoning district, the
maximum "building coverage" [SRI for a zoning lot shall
be as follows:
Building coverage [BCI in square feet shall equal "zoning
lot area" [SRI in square feet [ZLA] minus six
thousand 16,0003 square feet; the difference times one
thousand, seven hundred twenty nine, ten thousandths
[.1729]; the product plus two thousand, ten [2,0101
square feet. Maximum building coverage can be expressed
in the following "site capacity formula" [SR1: BC = ((ZLA
-
6,000) x .1729) + 2, 010) .
J. Accessory Building Coverage. In the RC3 zoning district,
the maximum "accessory building coverage" [SRI for a
zoning lot shall be as follows:
Accessory building coverage [ABC3 in square feet shall
equal "zoning lot area" [SRI in square feet [ZLAI minus
six thousand 16,0001 square feet; the difference times
two hundred eighty three, ten thousandths 1.02833; the
product plus six hundred sixty 16603 square feet. Maxi-
mum accessory building coverage can be expressed in the
following "site capacity formula" [SR3: ABC = (.(ZLA
- 6,000) x .0283) + [660).
K. Vehicle Use Area..In the RC3 zoning district, the maximum
"vehicle use area" [SRI for a single family zoning lot
shall be as follows:
Vehicle use area [VUAI in square feet shall equal in
"zoning lot area" [SRI square feet [ZLAI minus six thou-
sand [6,0001 square feet; the difference times ninety six
million, four hundred twenty eight thousand, five hundred
seventy one, billionths 1.096428571; the product plus one
thousand four hundred eighty [1,4803 square feet. Maxi-
mum vehicle use area can be expressed in the following
"site capacity formula" [SRI: VUA = ((ZLA - 6,000)
x .096428571) + 1, 480) .
53
19.20.640 Off Street Parking.
In the RC3 Residence Conservation District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
19.20.645 Off Street Loading.
In the RC3 Residence Conservation District, off street
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
19.20.650 Signs.
In the RC3 Residence Conservation District, signs shall
be subject to the provisions of Chapter 19.50, Signs.
19.20.655 Nonconforming Uses and Structures.
In the RC3 Residence Conservation District, nonconform-
ing uses and structures shall be subject to the provisions
of Chapter 19.52, Nonconforming Uses and Structures.
19.20.660 Amendments.
In the RC3 Residence Conservation District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.20.665 Planned Developments.
In the RC3 Residence Conservation District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.20.670 Conditional Uses.
In the RC3 Residence Conservation District, conditional
uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.20.675 Variations.
In the RC3 Residence Conservation District, variations 45
shall be subject to the provisions of Section 19.10.500,
Authorized Land Use Variations, Section 19.12.800, Author-
ized Site Design Variations, and Chapter 19.70, Variations.
54
19.20.680 Appeals.
In the RC3 Residence Conservation District, appeals
shall be subject to the provisions of Chapter 19.75,
Appeals.
19.20.900 PRC PLANNED RESIDENCE CONSERVATION DISTRICT.
Sections:
19.20.905 Purpose and Intent.
19.20.910 Supplementary Regulations.
19.20.915 General Provisions.
19.20.920 Zoning Districts - Generally.
19.20.925 Location and Size of District.
19.20.930 Land Use.
19.20.935 Site Design.
19.20.940 Off Street Parking.
19.20.945 Off Street Loading.
19.20.950 Signs.
19.20.955 Nonconforming Uses and Structures.
19.20.960 Amendments.
19.20.965 Variations.
19.20.970 Appeals.
19.20.90.5 Purpose and Intent.
The purpose of the PRC Planned Residence Conservation
District is to conserve the urban residential environment of
the mature residential neighborhoods of the city, which
developed predominantly prior to 1950 with a mix of single
family detached dwellings, two family dwellings, and mul-
tiple family dwellings through the protection and main-
tenance of original residential use and site design, subject
to the provisions of Chapter 19.60, Planned Developments.
A PRC zoning district is most similar to, but departs from
the standard requirements of the RC3 zoning district.
19.20.910 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
55
19.20.915 General Provisions. 45
In the PRC Planned Residence Conservation District, the
use and development of land and structures shall be subject
to the provisions of Chapter 19.05, General Provisions, un-
less a departure has been granted by the City Council, sub-
ject to the provisions of Chapter 19.60, Planned Develop-
ments.
19.20.920 Zoning Districts - Generally.
In the PRC Planned Residence Conservation District, the
use and development of land and structures shall be subject
to the provisions of Chapter 19.07, Zoning Districts, unless
a departure has been granted by the City Council, subject to
the provisions of Chapter 19.60, Planned Developments.
19.20.925 Location and Size of District.
PRC Planned Residence Conservation District should be
located in substantial conformance to the official compre-
hensive plan. The amount of land necessary to constitute a
separate PRC Planned Residence Conservation District exclu-
sive of rights of way, but including adjoining land or land
directly opposite a right of way shall not be less than two
[2] acres. No departure from the required minimum size of a
planned residence district may be granted by the City Coun-
cil.
19.20.930 Land Use.
In a PRC Planned Residence Conservation District, the
only land uses allowed shall be those land uses approved by
the City Council, subject to the provisions of Chapter
19.60, Planned Developments.
19.20.935 Site Design.
In a PRC Planned Residence Conservation District, the
site design regulations shall be as approved by the City
Council, subject to the provisions of Chapter 19.60, Planned
Developments.
19.20.940 Off Street Parking.
In a PRC Planned Residence -Conservation District, off
street parking shall be subject to the provisions of Chapter
19.45, Off Street Parking, unless a departure is granted by
56
the City Council, subject to the provisions of Chapter
19.60, Planned Developments.
19.20.945 Off Street Loading.
In a PRC Planned Residence Conservation District, off
street loading shall be subject to the provisions of Chapter
19.47, Off Street Loading, unless a departure is granted by
the City Council, subject to the provisions of Chapter
19.60, Planned Developments.
19.20.950 Signs.
In a PRC Planned Residence Conservation District, signs
shall be subject to the provisions of Chapter 19.50, Signs,
unless a departure is granted by the City Council, subject
to the provisions of Chapter 19.60, Planned Developments.
19.20.955 Nonconforming Uses and Structures.
In the PRC Planned Residence Conservation District,
nonconforming uses and structures shall be subject to the
provisions of Chapter 19.52, Nonconforming Uses and
Structures.
19.20.960 Amendments.
In the PRC Planned Residence Conservation District, text
and map amendments shall be subject to the provisions of
Chapter 19.55, Amendments.
19.20.965 Variations.
In the PRC Planned Residence Conservation District, no
variation shall be granted pursuant to the provisions of
Chapter 19.70, Variations.
19.20.970 Appeals.
Any requirement, determination, or interpretation,
associated with the administration and enforcement of the
Provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
57
Chapter 19.25
RESIDENCE DISTRICTS
Sections:
19.25.050 Purpose and Intent.
19.25.100 SFR1 Single Family Residence District.
19.25.300 SFR2 Single Family Residence District.
19.25.500 TFR Two Family Residence District.
19.25.700 MFR Multiple Family Residence District.
19, 25. 900 Planned Residence Districts.
19.25.000 Purpose and Intent.
The purpose of the residence districts is to provide for
the development and protection of residential environments
with both standard and planned land use and site design
regulations for single family detached dwellings, two family
detached dwellings, and multiple family dwellings.
19.25.100 SFR1 SINGLE FAMILY RESIDENCE DISTRICT
Sections:
19.25.105 Purpose and Intent.
19.25.110 Supplementary Regulations.
19.25.115 General Provisions.
19.25.120 Zoning Districts - Generally.
19.25.125 Location and Size of District.
19.25.130 Land Use.
19.25.135 Site Design.
19.25.140 Off Street Parking.
19.25.145 Off Street Loading.
19.25.150 Signs.
19.25.155 Nonconforming Uses and Structures.
19.25.160 Amendments.
19.25.165 Planned Developments.
19.25.170 Conditional Uses.
19.25.175 Variations.
19.25.180 Appeals.
19.25.105 Purpose and Intent.
The purpose of the SFR1 Single Family Residence District
is to provide a semi rural residential environment of the
lowest standardized density for single family detached
dwellings.
58
19.25.110 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.25.115 General Provisions.
In the SFR1 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.05, General Provisions.
19.25.120 Zoning Districts - Generally.
In the SFR1 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.07, Zoning Districts
19.25.125 Location and Size of District.
A SFR1 Single Family Residence District should be
located in substantial conformance to the official compre-
hensive plan. The amount of land necessary to constitute a
separate SFR1 zoning district exclusive of rights of way,
but including adjoining land or land directly opposite a
right of way shall not be less than two [2] acres.
19.25.130 Land Use.
In the SFR1 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR] or as a "conditional use"
[SR] in the SFR1 Single Family Residence District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
SFR1 Single Family Residence District:
Residences Division.
1. "Single family detached dwellings" [SR'] 1UNCL7.
2. "Residential garage sales" [SR] [UNCL].
3. "Residential outdoor storage of firewood" [SR]
[ UNCL l .
59
4. "Residential parking areas" [SRI [UNCLI.
5. "Residential storage" [SRI [UNCLI.
6. "Residential storage of trucks or buses" [SRI
C UNCL I .
Municipal Services Division.
7. Public parks, recreation, open space [UNCL] on a
"zoning lot" CSR] containing less than two 127 acres
of land.
Finance, Insurance, and Real Estate Division.
8. "Development sales office" [SRI [UNCLJ.
Services Division.
9. "Family residential care facility" [SRI [UNCL].
10. "Home child day care services" [SRI [UNCLI.
Construction Division.
11. "Contractors office and equipment areas" [SRI
[UNCLI.
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SRI [UNCLI.
13. "Radio and television antennas" [SRI [UNCL].
14. "Satellite dish antennas" [SRI [UNCLI.
15. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
[UNCLI.
Miscellaneous Uses Division.
16. "Fences and walls" [SRI [UNCLI.
17. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
18. "Accessory structures" [SRI [UNCLI to the permitted
uses allowed in the SFR1 Single Family Residence
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
19. "Accessory uses" [SRI [UNCLI to the permitted
uses allowed in the SFR1 Single Family Residence
District, subject to the provisions of Section
19.10.400, Component Land Uses.
B. Conditional Uses. The following enumerated. land uses
shall be the only land uses allowed as a conditional use
in the SFR1 Single Family Residence District:
ME
r
Municipal Services Division.
1. "Municipal facilities" [SRI [UHCL) on a zoning lot
containing less than two [2I acres of land.
Mining Division.
2. "Temporary mining" [SRI [UhCLI.
Transportation, Communication, and Utilities Division.
3. "Other radio and television antennas" [SRI [UhCLI.
4. "Other satellite dish antennas" [SRI [UhCLI.
5. Railroad tracks 1401).
G. "Treatment, transmission, and distribution facili-
ties: equipment, equipment buildings, towers, ex-
changes, substations, regulators" [SRI [UNCLI.
Miscellaneous Uses Division.
7. "Planned developments" [SRI [UHCL) on a zoning lot
containing less than two 12I acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
S. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the SFR1 Single Family Residence
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
9. "Accessory uses" [SRI [UNCLI to the conditional
uses allowed in the SFR1 Single Family Residence
District, subject to the provisions of Section
19.10.400, Component Land Uses.
19.25.135 Site Design.
In the SFR1 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.12, Site Design. In the SFR1
zoning district, the site design regulations shall be as
follows:
A. Zoning Lots - Generally. In the SFR1 zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the SFR1 zoning district, the minimum
required "zoning lot area" [SRI shall be twenty thousand
[20,0001 square feet per dwelling unit. The minimum
required lot area for a zoning lot shall be twenty four
thousand [24,000) square feet for all "through lots" [SRI
and for all "corner lots" [SRI.
61
C. Lot Width. In the SFR1 zoning district, the minimum 01
required "lot width" [SRI for a zoning lot shall be one
hundred [1001 linear feet. The minimum required lot
width for a zoning lot shall be one hundred twenty 11203
linear feet for corner lots.
D. Setbacks - Generally. In the SFR1 zoning district,
"setbacks" [SRI shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the SFR1 zoning district, the
minimum required "building" [SRI "setbacks" [SRI for a
zoning lot shall be as follows:
1. Street Setback. The minimum required setback for a
building from a "limited access street" [SR1, "arter-
ial street" [SRI, "major collector street" [SRI, "col-
lector street" [SRI, or "local street" [SRI "lot line"
CSR1 shall be as follows:
a. Limited Access Street/Arterial Street. Where a
zoning lot has frontage on a limited access street
or an arterial street, the minimum required setback
for a building from a "street lot line" [SRI shall
be fifty [501 linear feet. A)
b. Major Collector Street/Collector Street. Where a
zoning lot has frontage on a major collector street
or a collector street, the minimum required setback
for a building from a street lot line shall be for-
ty five [451 linear feet.
c. Local Street. Where a zoning lot has frontage on a
local street, the minimum required setback for a
building from a street lot line shall be forty 1403
linear feet.
2. Side Setback. The minimum required setback for a
building from a "side lot line" [SRI shall be fifteen,
[153 linear feet. The combined width of the side set-
backs from the side lot lines shall not be less than,
thirty 1301 linear feet.
3. Interior Setback. The minimum required building
setback from an "interior lot line" [SRI shall be
fifteen [153 linear feet.
4. Rear Setback. The minimum required setback for a
building from a "rear lot line" [SRI shall be fifty
[ 501 linear feet. 40*1
S. Transition Setback. The minimum required setback for
a building from a "transition lot line" [SRI shall be
62
equal the required transition setback of the adjoining
community facility district, business district, and
industrial district, as applicable.
F. Accessory Structures and Buildings. In the SFR1 zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
G. Yards. In the SFR1 zoning district, a "street Yard"
[SRI, a "side yard" [SRI, or a "rear yard" [SRI estab-
lished by a required setback for a building or by the
actual location of a building shall be subject to the
provisions of Section 19.12.600, Obstructions in Yards.
H. Residential Floor Area. In the SFR1 zoning district, the
maximum "residential floor area " [SRI for a single fami-
ly zoning lot shall be calculated as follows:
Residential floor area [RFA] in square feet shall equal
"zoning lot area" [SRI [ZLA] in square feet minus
twenty thousand [20,000] square feet; the difference
times twenty five, thousandths [.025]; the product plus
four thousand [4,000] square feet. Maximum residential
floor area can be expressed by the following formula:
RFA = ((ZLA - 20,000) x .0225) + 4, 000) .
I. Building Coverage. In the SFR1 zoning district, the
maximum "building coverage" [SR] for a single family
zoning lot shall be calculated as follows:
Building coverage [BCI in square feet shall equal
"zoning lot area" [SRI [ZLA] in square feet minus twenty
thousand [20,000] square feet; the difference times two
thousand, five hundred thirty five, hundred thousandths
[.02535]; the product plus four thousand, fifty six
[4,056] square feet. Maximum building coverage can be
expressed by the following formula: BC = ((ZLA - 20,000)
x .02535) + 4, 056) .
J. Accessory Building Coverage. In the SFR1 zoning
district, the maximum "accessory building coverage" [SRI
for a single family zoning lot shall be calculated as
follows:
Accessory building coverage [ABC] in square feet shall
equal "zoning lot area" [SRI [ZLA] in square feet minus
twenty thousand [20,000] square feet; the difference
times sixty six, ter, thousandths [.0066]; the product
plus one thousand,- fifty six 11,0563 square feet. Maxi-
mum accessory building coverage can be expressed by the
following formula: ABC = ((ZLA - 20,000) x .0066)
+ 1, 056) .
613
K. Vehicle Use Area. In the SFR1 zoning district, the
maximum "vehicle use area" CSR] for a single family
zoning lot shall be one thousand eight hundred [1,800]
square feet.
19.25.140 Off Street Parking.
In the SFRI Single Family Residence District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
19.25.145 Off Street Loading.
In the SFR1 Single Family Residence District, off street
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
19.25.150 Signs.
In the SFR1 Single Family Residence District, signs
shall be subject to the provisions of Chapter 19.50, Signs.
19.25.155 Nonconforming Uses and Structures.
In the SFR1 Single Family Residence District, noncon-
forming uses and structures shall be subject to the provi-
sions of Chapter 19.52, Nonconforming Uses and Structures.
19.25.160 Amendments.
In the SFR1 Single Family Residence District, text and
map amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.25.165 Planned Developments.
In the SFR1 Single Family Residence District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.25.170 Conditional Uses.
In the SFR1 Single Family Residence District, condition-
al uses shall be subject to the provisions of Chapter 19.E5,
Conditional Uses.
64
19.25.175 Variations.
In the SFR1 Single Family Residence District, variations
shall be subject to the provisions of Section 19.10.500,
Authorized Land Use Variations, Section 19.12.800, Author-
ized Site Design Variations, and Chapter 19.70, Variations.
19.25.180 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.25.300 SFR2 SINGLE FAMILY RESIDENCE DISTRICT
Sections:
19.25.305 Purpose and Intent.
19.25.310 Supplementary Regulations.
19.25.315 General Provisions.
19.25.320 Zoning Districts - Generally.
19.25.325 Location and Size of District.
19.25.330 Land Use.
19.25.335 Site Design.
19.25.340 Off Street Parking.
19.25.345 Off Street Loading.
19.25.350 Signs.
19.25.355 Nonconforming Uses and Structures.
19.25.360 Amendments.
19.25.365 Planned Developments.
19.25.370 Conditional Uses.
19.25.375 Variations.
19.25.380 Appeals.
19.25.305 Purpose and Intent.
The purpose of the SFR2 Single Family Residence District
is to provide an urban residential environment of standard-
ized moderate density for single family detached dwellings.
19.25.310 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
65
19.25.315 General Provisions.
In the SFR2 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.05, General Provisions.
19.25.320 Zoning Districts - Generally.
In the SFR2 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions: of Chapter 19.07, Zoning Districts
19.25.325 Location and Size of District.
A SFR2 Single Family Residence District should be
located in substantial conformance to the official compre-
hensive plan. The amount of land necessary to constitute a
separate SFR2 zoning district exclusive of rights of way,
but including adjoining land or land directly opposite a
right of way shall not be less than two 127 acres.
19.25.330 Land Use.
In the SFR2 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SRI shall be the only land uses
allowed as a "permitted use" [SRI or as a "conditional use"
[SR7 in the SFR2 Single Family Residence District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
SFR2 Single Family Residence District:
Residences Division.
1. "Single family detached dwellings" [SRI [UNCL7.
2. "Residential garage sales" [SRI 1UNCL7.
3. "Residential outdoor storage of firewood" [SRI
[ UNCL I .
4. "Residential parking areas" [SRI 1UNCL7.
5. "Residential storage" [SRI 1UNCL7.
6. "Residential storage of trucks or buses" [SRI
[ UNCL 7 .
Municipal €ervioe® Division. Al
7. Public parks, recreation, open space [UNCL7 on a
66
"zoning lot" [SRI containing less than two 12I acres
of land.
Finance, Insurance, and Real Estate Division.
8. "Development sales office" [SRI [UNCLI.
Services Division.
9. "Family residential care facility" [SRI [UNCLI.
10. "Home child day care services" [SRI [UNCLI.
Construction Division.
11. "Contractors office and equipment areas" [SRI
[UNCLI .
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SRI [UNCLI.
13. "Radio and television antennas" [SRI [UNCLI.
14. "Satellite dish antennas" [SRI [UNCLI.
15. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
CUNCLI .
Miscellaneous Uses Division.
16. "Fences and walls" [SRI [UNCLI.
17. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
18. "Accessory structures" [SRI [UNCLI to the permitted
uses allowed in the SFR2 Single Family Residence
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
19. "Accessory uses" [SRI [UNCLI to the permitted
uses allowed in the SFR2 Single Family Residence
District, subject to the provisions of Section
19.10.400, Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the SFR2 Single Family Residence District:
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI on a zoning lot
containing less than two 12I acres of land.
Mining Division.
2. "Temporary mining" [SRI [UNCLI.
67
I
Transportation, Communication, and Utilities Division.
3. "Other radio and television antennas" [SRI 1UNCL3.
4. "Other satellite dish antennas" [SR3 [UNCL3.
5. Railroad tracks 14013.
G. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SR3 [UNCL3.
Miscellaneous Uses Division.
7. "Planned developments" [SR3 [UNCL3 on a zoning lot
containing less than two 123 acres of land, subject
to the provisions of Chapter 19.55 Planned
Developments.
8. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the SFR2 Single Family Residence
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
9. "Accessory uses" [SRI 1UNCL3 to the conditional
uses allowed in the SFR2 Single Family Residence
District, subject to the provisions of Section
19.10.400, Component Land Uses.
19.25.335 Site Design.
In the SFR2 Single Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.12, Site Design. In the SFR2
zoning district, the site design regulations shall be as
follows:
A. Zoning Lots - Generally. In the SFR2 zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the SFR2 zoning district, the minimum re-
quired "zoning lot area" [SRI shall be ten thousand
[10,000] square feet per dwelling unit. The minimum re-
quired lot area for a zoning lot shall be twelve thousand
112,0003 square feet for all "through lots" [SRI and
"corner lots" [SRI.
C. Lot Width. In the SFR2 zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be
seventy five 1753 linear feet. The minimum required lot
width for a zoning lot shall be ninety [903 linear feet
for corner lots.
D. Setback• - Generally. In the SFR2 zoning district, "set-
backs" [SR3 shall be subject to the provisions of Section
19.12.400, Setbacks - Clarifications and Exceptions.
68
E. Setbacks By Lot Line. In the SFR2 zoning district, the
minimum required building "setbacks" [SRI for a zoning
lot small be as follows:
1. Street Setback. The minimum required setback for a
building from a "limited access street" [SRI, "arter-
ial street" [SRI, "major collector street" [SRI, "col-
lector street" [SRI, or "local street" [SRI "lot line"
[SRI shall be as follows:
a. Limited Access Street/Arterial Street. Where a
zoning lot has frontage on a limited access street
or an arterial street, the minimum required setback
for a building from a "street lot line" [SRI shall
be fifty [503 linear feet.
b. Major Collector Street/Collector Street. Where a
zoning lot has frontage on a major collector street
or a collector street, the minimum required setback
for a building from a street lot line shall be
thirty five 1353 linear feet.
c. Local Street. Where a zoning lot has frontage on a
local street, the minimum required setback for a
0011, building from a street lot line shall be thirty
1303 linear feet.
2. Side Setback. The minimum required setback for a
building from a "side lot line" [SR3 shall be ten [103
linear feet. The combined width of the side setbacks
from the side lot lines shall not be less than twenty
1203 linear feet.
3. Interior Setback. The minimum required building set-
back from an "interior lot line" [SRI shall be ter,
1103 linear feet.
4. Rear Setback. The minimum required setback for a
building from a "rear lot line" [SRI shall be forty
1403 l inear feet.
5. Transition Setback. The minimum required setback for
a principle building from a "transition lot line" [SRI
shall be equal the required transition setback of the
adjoining community facility district, business dis-
trict, and industrial district, as applicable.
F. Accessory Structures and Buildings. In the SFR2 zoning
district, "accessory structures and buildings" [SRI shall
�. be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
G. Yards. In the SFR2 zoning district, a "street Yard"
[SRI, a "side yard" [SRI, or a "rear yard" [SRI estab-
69
lished by a required setback for a building or by the
actual location of a building shall be subject to the
provisions of Section 19. 12.600, Obstructions in Yards.
H. Residential Floor Area. In the SFR2 zoning district, the
maximum "residential floor area" [SR] for a single family
zoning lot shall be calculated as follows:
Residential floor area [RFA] in square feet shall equal
"zoning lot area" [SR] [ZLA] in square feet minus ten
thousand [10,000] square feet; the difference times on
tents, [.100]; the product plus three thousand [3,000]
square feet. Maximum residential floor area can be
expressed by the following formula: RFA = ((ZLA - 10,00C)
X .100) + 3, 000) .
I. Building Coverage. In the SFR2 zoning district, the
maximum "building coverage" [SR] for a single family
zoning lot shall be calculated as follows:
Building coverage [BC] in square feet shall equal "zoning
lot area" [SR] [ZLA] in square feet minus ten thousand
[10,000] square feet; the difference times eight hundred
eighty two, ten thousandths [.0882]; the product plus
three thousand, one hundred seventy four [3,174] square
feet. Maximum building coverage can be expressed by the
following formula: BC = ((ZLA - 10,000) x .0882)
+-3,174).
J. Accessory Building Coverage. In the SFR2 zoning dis-
trict, the maximum "accessory building coverage" [SR]
for a single family zoning lot shall be calculated as
follows:
Accessory building coverage [ABC] in square feet shall
equal "zoning lot area" [SR] [ZLA] in square feet minus
ten thousand [10,000] square feet; the difference times
one hundred, thirty two, ten thousandths [.0132]; the
product plus nine hundred, twenty four [924] square feet.
Maximum accessory building coverage can be expressed by
the following formula: ABC = ((ZLA - 10,000) x .0132)
+ 924) .
K. Vehicle Use Area. In the SFR2 zoning district, the
maximum "vehicle use area" [SR] for a single family
zoning lot shall be one thousand four hundred [1,400]
square feet.
19.25.340 Off Street Parking.
In the SFR2 Single Family Residence District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
70
19.25.345 Off Street Loading.
In the SFR2 Single Family Residence District, off street
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
19.25.350 Signs.
In the SFR2 Single Family Residence District, signs
shall be subject to the provisions of Chapter 19.50, Signs.
19.25.355 Nonconforming Uses and Structures.
In the SFR2 Single Family Residence District, noncon-
forming uses and structures shall be subject to the provi-
sions of Chapter 19.52, Nonconforming Uses and Structures.
19.25.360 Amendments.
In the SFR2 Single Family Residence District, text and
fool map amendments shall be subject to the provisions of Chapter
19. 55, Amendments.
w
19.25.365 Planned Developments.
In the SFR2 Single Family Residence District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.25.370 Conditional Uses.
In the SFR2 Single Family Residence District, condition-
al uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.25.375 Variations.
In the SFR2 Single Family Residence District, variations
shall be subject to the provisions of Section 19.10.500,
Authorized Land Use Variations, Section 19.12.800, Author-
ized Site Design Variations, and Chapter 19.70, Variations.
71
19.25.380 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.25.500 TFR TWO FAMILY RESIDENCE DISTRICT
Sections:
19.25.505 Purpose and Intent.
19.25.510 Supplementary Regulations.
19.25.515 General Provisions.
19.25.520 Zoning Districts - Generally.
19.25.525 Location and Size of District.
19.25.530 Land Use.
19.25.535 Site Design.
19.25.540 Off Street Parking.
19.25.545 Off Street Loading.
19.25.550 Signs.
19.25.555 Nonconforming Uses and Structures.
19.25.560 Amendments.
19.25.565 Planned Developments.
19.25.570 Conditional Uses.
19.25.575 Variations.
19.25.580 Appeals.
19.25.505 Purpose and Intent.
The purpose of the TFR Two Family Residence District is
to provide an urban residential environment of standardized
density for two family dwellings.
19.25.510 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
19.25.515 General Provisions.
In the TFR Two Family Residence District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
72
19.25.520 Zoning Districts - Generally.
In the TFR Two Family Residence District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts
19.25.525 Location and Size of District.
A TFR Two Family Residence District should be located in
substantial conformance with the official comprehensive
plan. The amount of land necessary to constitute a separate
TFR zoning district exclusive of rights of way, but includ-
ing adjoining land or land directly opposite a right of way
shall not be less than two 12I acres.
19.25.530 Land Use.
In the TFR Two Family Residence District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SRI shall be the only land uses
allowed as a "permitted use" [SRI or as a "conditional use"
[SRI in the TFR Two Family Residence District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
TFR Two Family Residence District:
Residences Division.
1. "Two family dwellings" [SRI [UNCLI.
2. "Residential garage sales" [SRI [UNCLI.
3. "Residential outdoor storage of firewood" [SRI
[UNCLI.
4. "Residential parking areas" [SRI CUNCLI.
5. "Residential storage" [SRI [UNCLI.
G. "Residential storage of trucks or buses" [SRI
[ UNCL I .
Municipal Services Division.
7. Public parks, recreation, open space CUNCLI on a
"zoning lot" [SRI containing less than two [2I acres
of land.
Finance, Insurance, and Real Estate Division.
S. "Development sales office" [SRI CUNCLI.
73
Services Division.
9. "Family residential care facility" [SRI [UNCLI.
10. "Home child day care services" [SRI [UNCLI.
Construction Division.
11. "Contractors office and equipment areas" [SRI
[ UNCL I .
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SRI [UNCL].
13. "Radio and television antennas" [SRI [UNCLI.
14. "Satellite dish antennas" [SRI [UNCL7.
15. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
[UNCLI.
Miscellaneous Uses Division.
16. "Fences and walls" [SRI [UNCLI.
17. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
18. "Accessory structures" [SRI [UNCLI to the permitted
uses allowed in the TFR Two Family Residence Dis-
trict, subject to the provisions of Section
19.12. 500, Accessory Structures and Buildings.
19. "Accessory uses" [SRI [UNCLI to the permitted
uses allowed in the TFR Two Family Residence Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the TFR Two Family Residence District:
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI on a zoning lot
containing less than two 12I acres of land.
Mining Division.
2. "Temporary mining" [SRI [UNCLI.
Transportation, Communication, and Utilities Division.
3. "Other radio and television antennas" [SRI CUNCLI.
4. "Other satellite dish antennas" [SRI [UNCLI.
5. Railroad tracks 14013.
74
6. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SR3 [UNCL].
Miscellaneous Uses Division.
7. "Planned developments" [SRI [UNCLI on a zoning lot
containing less than two [2I acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
S. "Accessory structures" [SRI 1UNCL3 to the condition-
al uses allowed in the TFR Two Family Residence Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
9. "Accessory uses" [SRI [UNCL] to the conditional
uses allowed in the TFR Two Family Residence Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
19.25.535 Site Design.
In the TFR Two Family Residence District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the TFR
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally.
"zoning lots" [SRI shall
Section 19.12.300, Zoning
Exceptions.
In the TFR zoning district,
be subject to the provisions of
Lots - Clarifications and
B. Lot Area. In the TFR zoning district, the minimum
required "zoning lot area" [SRI shall be ten thousand
[10,000] square feet, allocated at a minimum of five
thousand [5,0003 square feet per dwelling unit. For
a "duplex lot" [SRI, the minimum required area for a "lot
of record" [SR3 shall be five thousand [5,0003 square
feet. The minimum required lot area for a zoning lot
shall be twelve thousand [12,000] square feet for all
"through lots" [SRI and for all "corner lots" [SRI.
C. Lot Width. In the TFR zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be
eighty [803 linear feet. The minimum required width of a
lot of record for a "duplex lot" [SRI shall be forty [403
linear feet. The minimum required lot width for a zoning
lot shall be ninety six [963 linear feet for corner lots.
D. Setbacks - Generally. In the TFR zoning district,
"setbacks" [SRI shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
75
E. Setbacks By Lot Line. In the TFR zoning district, the
minimum required "building" [SRI "setback" [SRI for a
zoning lot shall be as follows:
1. Street Setback. The minimum required setback for a
building from a "limited access street" [SRI, "arter-
ial street" [SRI, "major collector street" [SRI, "col-
lector street" [SRI, or "local street" [SRI "lot line"
[SRI shall be as follows:
a. Limited Access Street/Arterial Street. Where a
zoning lot has frontage on a limited access street
or an arterial street, the minimum required
setback for a building from a "street lot line"
[SRI shall be fifty [503 linear feet.
b. Major Collector Street/Collector Street. Where a
zoning lot has frontage on a major collector street
or a collector street, the minimum required
setback for a building from a street lot line shall
be thirty 1303 linear feet.
c. Local Street. Where a zoning lot has frontage on a
local street, the minimum required setback for a
building from a street lot line shall be twenty
five [251 linear feet.
2. Side Setback. The minimum required setback for a
building from a "side lot line" [SRI shall be ter, 1101
linear feet. The combined width of the side setbacks
from the side lot lines shall not be less than twenty
1203 linear feet. For a "duplex building" [SRI lo-
cated on two [23 "duplex lots" ISR3, a setback for a
building from a side lot line shall not be required
along that portion of the common side or interior lot
line where the common wall of the "duplex dwelling"
[SRI is located. The minimum required setback for a
building of ten [103 linear feet shall be maintained
along the remaining portions of such common lot line.
3. Interior Setback. The minimum required building set-
back from an "interior lot line" [SRI shall be ten
[ 103 linear feet.
4. Rear Setback. The minimum required setback for a
building from a "rear lot line" [SRI shall be forty
[403 linear feet.
5. Transition Setback. The minimum required setback for
a building from a "transition, lot line" [SR3 shall be
equal the required transition setback of the adjoining 41
community facility district, business district, and
industrial district, as applicable.
76
F. Accessory Structures and Buildings. In the TFR zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
G. Yards. In the TFR zoning district, a "street Yard" [SRI,
a "side yard" [SRI, or a "rear yard" [SRI established by
a required setback for a building or by the actual loca-
tion of a building shall be subject to the provisions of
Section 19. 12.600, Obstructions in Yards.
r
H. Residential Floor Area. In the TFR zoning district, the
maximum "residential floor area" [SR] for a two family
zoning lot shall be calculated as follows:
Residential floor area [RFA] in square feet shall equal
"zoning lot area" [SRI [ZLAI in square feet minus ten
thousand [10,000) square feet; the difference times one,
tenth [.1001; the product plus three thousand [3,000]
square feet. Maximum residential floor area can be
expressed by the following formula: RFA = ((ZLA - 10,000)
x .100) + 3, 000) .
I. Building Coverage. In the TFR zoning district, the
maximum "building coverage" [SRI for a two family zoning
lot shall be calculated as follows:
Building coverage [BC] in square feet shall equal "zoning
lot area" [SRI [ZLA] in square feet minus ten thousand
[10,000] square feet; the difference times one thousand,
fourteen, ten thousandths [.1014]; the product plus three
thousand, five hundred, seventy C3,5701 square feet.
Maximum building coverage can be expressed by the follow-
ing formula: BC = ((ZLA - 10,000) x .1014) + 3, 570) .
J. Accessory Building Coverage. In the TFR zoning district,
the maximum "accessory building coverage" [SRI for a two
family zoning lot shall be calculated as follows:
Accessory building coverage [ABC] in square feet shall
equal "zoning lot area" [SR] [ZLA] in square feet minus
ten thousand [10,000] square feet; the difference times
twenty six, thousandths [.026]; the product plus one
thousand, three hundred, twenty [1,320] square feet.
Maximum accessory building coverage can be expressed by
the following formula: ABC = ((ZLA - 10,000) x .026)
+ 1, 320) .
K. Vehicle Use Area. In the TFR zoning district, the
maximum "vehicle use area" [SRI for a two family zoning
lot shall be one thousand two hundred [1,200] square
feet, allocated at a maximum of six hundred [600] square
feet for each duplex lot.
77
19.25.540 Off Street Parking. 41
In the TFR Two Family Residence District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
19.25.545 Off Street Loading.
In the TFR Two Family Residence District, off street
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
59.25.550 Signs.
In the TFR Two Family Residence District, signs shall be
subject to the provisions of Chapter 19.50, Signs.
19.25.555 Nonconforming Uses and Structures.
In the TFR Two Family Residence District, nonconform-
ing uses and structures shall be subject to the provisions
of Chapter 19.52, Nonconforming Uses and Structures.
19.25.560 Amendments.
In the TFR Two Family Residence District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.25.565 Planned Developments.
In the TFR Two Family Residence District, planned devel-
opments shall be subject to the provisions of Chapter 19.60,
Planned Developments.
19.25.570 Conditional Uses.
In the TFR Two Family Residence District, conditional
uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.25.575 Variations.
In the TFR Two Family Residence District, variations Al
shall be subject to the provisions of Section 19.10.500,
78
Authorized Land Use Variations, Section 19.12.800, Author-
ized Site Design Variations, and Chapter 19.70, Variations.
19.25.580 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
79
19.25.700 MFR MULTIPLE FAMILY RESIDENCE DISTRICT
Sections:
19.25.705 Purpose and Intent.
19.25.710 Supplementary Regulations.
19.25.715 General Provisions.
19.25.720 Zoning Districts - Generally.
19.25.725 Location and Size of District.
19.25.730 Land Use.
19.25.735 Site Design.
19.25.740 Off Street Parking.
19.25.745 Off Street Loading.
19.25.750 Signs.
19.25.755 Nonconforming Uses and Structures.
19.25.760 Amendments.
19.25.765 Planned Developments.
19.25.770 Conditional Uses.
19.25.775 Variations.
19.25.780 Appeals.
19.25.705 Purpose and Intent.
The purpose of the MFR Multiple Family Residence Dis-
trict is to provide an urban residential environment of the
lowest standardized density for multiple family dwellings.
19.25.710 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.25.715 General Provisions.
In the MFR Multiple Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.05, General Provisions.
. 19.25.720 Zoning Districts - Generally.
In the MFR Multiple Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.07, Zoning Districts 41
0
19.25.725 Location and Size of District.
A MFR Multiple Family Residence District should be
located in substantial conformance to the official compre-
hensive plan. The amount of land necessary to constitute a
separate MFR zoning district exclusive of rights of way, but
including adjoining land or land directly opposite a right
of way shall not be less than two 12I acres.
19.25.730 Land Use.
In the MFR Multiple Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" shall be the only land uses allowed
as a "permitted use" [SRI or as a "conditional use" [SRI in
the MFR Multiple Family Residence District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
MFR Multiple Family Residence District:
Residences Division.
1. "Multiple family dwellings" [SRI [UNCLI.
2. "Residential garage sales" [SRI [UNCLI.
3. "Residential outdoor storage of firewood" [SRI
[UNCLI.
4. "Residential parking areas" [SRI [UNCLI.
5. "Residential storage" [SRI [UNCLI.
6. "Residential storage of trucks or buses" [SRI
[UNCLI .
Municipal Services Division.
7. Public parks, recreation, open space [UNCLI on a
"zoning lot" [SRI containing less than two 12I acres
of land.
Finance, Insurance, and Real Estate Division.
8. "Development sales office" [SRI [UNCLI.
Services Division.
9. "Family residential care facility" [SRI [UNCLI.
10. "Home child day care services" [SRI [UNCLI.
Construction Division.
11. "Contractors office and equipment areas" [SRI
[UNCLI .
81
Transportation, Communication, and Utilities Division.
12. "Amateur radio antennas" [SRI [UNCL7.
13. "Radio and television antennas" [SRI [UNCLI.
14. "Satellite dish antennas" [SRI 1UNCL7.
15. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
[UNCL7.
Miscellaneous Uses Division.
16. "Fences and walls" [SRI [UNCLI.
17. "Parking lots" [SRI [UNCLI, exclusively "accessory"
[SRI, subject to the provisions of Chapter 19.45,
Off Street Parking.
18. "Refuse collection area" [SRI.
19. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
20. "Accessory structures" [SRI [UNCL] to the permitted
uses allowed in the MFR1 Multiple Family Residence
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
21. "Accessory uses" [SRI [UNCLI to the permitted uses
allowed in the MFR1 Multiple Family Residence Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the MFR Multiple Family Residence District:
Residences Division.
1. "Mobile home dwellings" [SRI [UNCLI on a zoning lot
containing ten [102 or more acres of land.
Municipal Services Division.
2. "Municipal facilities" [SR2 [UNCL] on a zoning lot
containing less than two 127 acres of land.
Services Division.
3. "Residential care facility" [SRI 183617.
Mining Division.
4. "Temporary mining" [SR2 [UNCL].
Tran@partatianp Cammunl®atlan, and Uttllti@@ Dtvi®ion.
5. "Other radio and television antennas" [SRI 1UNCL7.
6. "Other satellite dish antennas" [SRI [UNCL].
82
7. Railroad tracks [401].
8. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UHCLI.
Miscellaneous Uses Division.
9. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
10. "Parking structures" [SRI [UHCLI, exclusively "acces
sory" [SRI.
11. "Planned developments" [SRI [UHCLI on a zoning lot
containing less than two 12I acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
12. "Accessory structures" [SRI [UHCLI to the condition-
al uses allowed in the MFR1 Multiple Family Resi-
dence District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
13. "Accessory uses" [SRI [UNCL] to the conditional uses
in the MFR] Multiple Family Residence District, sub-
ject to the provisions of Section 19.10.400, Compo-
nent Land Uses.
19.25.735 Site Design.
In the MFR Multiple Family Residence District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.12, Site Design. In the MFR
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally. In the MFR zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the MFR zoning district, the minimum
required "zoning lot area" [SRI shall be fifteen thousand
[15,0001 square feet for three 131 "dwelling units" [SRI,
plus five thousand 15,0001 square feet for each addition-
al dwelling unit. The minimum required lot area for a
zoning lot shall be increased a minimum of twenty 1201
percent for all "through lots" [SRI and for all "corner
lots" [SRI.
C. Lot Width. In the MFR zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be
eighty [801 linear feet. The minimum required lot width
for a zoning lot shall be ninety six 1961 linear feet for
corner lots.
D. Setbacks - Generally. In the MFR zoning district,
required "setbacks" [SRI shall be subject to the provi-
83
sions of Section 19. 12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the MFR zoning district, the
minimum required "building" [SRI "setback" [SRI for a
zoning lot shall be as follows:
1. Street Setback. The minimum required setback for a
building from a "limited access street" [SRI, "arter-
ial street" [SRI, "major collector street" [SRI, "col-
lector street" [SRI, or "local street" [SRI lot line
shall be as follows:
a. Limited Access Street/Arterial Street. Where a
zoning lot has frontage on a limited access street
or an arterial street, the minimum required setback
for a building from a "street lot line" [SRI shall
be fifty 1503 linear feet.
b. Major Collector Street/Collector Street. Where a
zoning lot has frontage on a major collector street
or a collector street, the minimum required setback
for a building from a street lot line shall be
thirty five 1353 linear feet.
c. Local Street. Where a zoning lot has frontage on a
local street, the minimum required setback for a
building from a street lot line shall be thirty
[301 linear feet.
2. Side Setback. The minimum required setback for a
building from a "side lot line" [SRI shall be ten [103
linear feet. The combined width of the side setbacks
from the side lot lines shall not be less than twenty
1203 linear feet.
3. Interior Setback. The minimum required building
setback from an "interior lot line" [SRI shall be ter,
[103 linear feet, except where adjoining a more re-
strictive zoning district, the minimum required set-
back from an interior lot line shall be fifty (50)
linear feet, subject to the provisions of Section
19.07.400, Restrictiveness of Zoning Districts.
4. Rear Setback. The minimum required setback for a
building from a "rear lot line" [SRI shall be forty
[403 linear feet.
5. Transition Setback. The minimum required setback for
a building from a "transition lot line" [SRI shall be
equal the required transition setback of the adjoining
community facility district, business district, and
industrial district, as applicable.
84
F. Accessory Structures and Buildings. In the MFR zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
0. Yards. In the MFR zoning district, a "street Yard" [SR],
a "side yard" [SR], a "rear yard" [SR], or "transition
yard" [SR] established by a required setback for a build-
ing or by the actual location of a building shall be
subject to the provisions of Section 19.12.600,
Obstructions in Yards.
H. Residential Floor Area. In the MFR zoning district, the
maximum "residential floor area" [SR] for a multiple
family zoning lot shall be calculated as follows:
Residential floor area [RFA] in square feet shall equal
the zoning lot area [ZLA] in square feet minus five
thousand [5,000] square feet; the difference times two
hundred eighty six, thousandths [.286]; the product plus
one thousand five hundred seventy [1,570] square feet.
Maximum residential floor area can be expressed by the
following formula: RFA = ((ZLA - 5,000) x .286) + 1,570.
I. Building Coverage. In the MFR zoning district, the
maximum "building coverage" [SR] for a multiple family
zoning lot shall be calculated as follows:
Building coverage [BC] in square feet shall equal zoning
lot area [ZLA] in square feet minus five thousand [5,000]
square feet; the difference times three thousand, eight
hundred forty eight, ter, thousandths; the product plus
one thousand, two hundred fifty [1,250] square feet.
Maximum building coverage can be expressed by the follow-
ing formula: BC = ((ZLA - 5,000) x .3848) + 1250.
J. Accessory Building Coverage. In the MFR zoning district,
the maximum "accessory building coverage" [SR] for a
multiple family zoning lot shall be calculated as
follows:
Accessory building coverage [ABC] in square feet shall
equal zoning lot area [ZLA] in square feet minus five
thousand [5,000] square feet; the difference times one
thousand, fifty six, ten thousandths [.1056]; the product
plus five hundred twenty eight [528] square feet. Maxi-
mum accessory building coverage can be expressed by the
following formula: ABC = ((ZLA - 5,000) x .1056) + 528.
K. Vehicle Use Area. In the MFR zoning district, the
maximum "vehicle use area" [SR] for a multiple family
zoning lot shall be seven hundred [700] square feet for
each dwelling unit.
85
19.25.740 Off Street Parking.
In the MFR Multiple Family Residence District, off
street parking shall be subject to the provisions of Chapter
19.45, Off Street Parking.
19.25.745 Off Street Loading.
In the MFR Multiple Family Residence District, off
street loading shall be subject to the provisions of Chapter
19.47, Off Street Loading.
19.25.750 Signs.
In the MFR Multiple Family Residence District, signs
shall be subject to the provisions of Chapter 19.50, Signs.
19.25.755 Nonconforming Uses and Structures.
In the MFR Multiple Family Residence District, noncon-
forming uses and structures shall be subject to the provi-
sions of Chapter 19.52, Nonconforming Uses and Structures.
19.25.760 Amendments.
In the MFR Multiple Family Residence District, text and
map amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.25.765 Planned Developments.
In the MFR Multiple Family Residence District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.25.770 Conditional Uses.
In the MFR Multiple Family Residence District, condi-
tional uses shall be subject to the provisions of Chapter
19.65, Conditional Uses.
19.25.775 Variations.
In the MFR Multiple Family Residence District, varia-
tions shall be subject to the provisions of Section
19.10.500, Authorized Land Use Variations, Section
86
19.12.800, Authorized Site Design Variations, and Chapter
19.70, Variations.
19.25.780 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.25.900 PLANNED RESIDENCE DISTRICTS
Sections:
19.25.905 Purpose and Intent.
19.25.910 Supplementary Regulations.
19.25.915 General Provisions.
19.25.920 Zoning Districts - Generally.
19.25.925 Location and Size of District.
19.25.930 Land Use.
19.25.935 Site Design.
19.25.940 Off Street Parking.
19.25.945 Off Street Loading.
19.25.950 Signs.
19.25.955 Amendments.
19.25.960 Variations.
19.25.965 Appeals.
19.25.905 Purpose and Intent.
The purpose of planned residence districts is to provide
a planned residential environment for various types of dwel-
lings at various densities, subject to the provisions of
Chapter 19.60, Planned Developments. The purpose of the
individual planned residence districts shall be as follows:
A. PSFR1 Planned Single Family Residence District. The
purpose of the PSFR1 Planned Single Family Residence
District is to provide a planned semi rural residential
environment of the lowest density for single family
detached dwellings, subject to the provisions of Chapter
19.60, Planned Developments. A PSFR1 zoning district is
most similar to, but departs from the standard require-
ments of the SFR1 zoning district.
B. PSFR2 Planned Single Family Residence District. The
opk► purpose of the PSFR2 Planned Single Family Residence
District is to provide an planned urban residential
environment of moderate density for single family
detached dwellings, subject to the provisions of Chapter
87
19.60, Planned Developments. A PSFR2 zoning district is
most similar to, but departs from the standard require-
ments of the SFR2 zoning district.
C. PTFR Planned Two Family Residence District. The purpose
of the PTFR Planned Two Family Residence District is to
provide an planned urban residential environment for two
family dwellings, subject to the provisions of Chapter
19.60, Planned Developments. A PTFR zoning district is
most similar to, but departs from the standard require-
ments of the TFR zoning district.
D. PMFR Planned Multiple Family Residence District. The
purpose of the PMFR Planned Multiple Family Residence
District is to provide an planned urban residential
environment for multiple family dwellings, subject to
the provisions of Chapter 19.60, Planned Developments. A
PMFR zoning district is most similar to, but departs from
the standard requirements of the MFR zoning district.
19.25.910 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
19.25.915 General Provisions.
In the planned residence districts, the use and develop-
ment of land and structures shall be subject to the general
regulations contained in Chapter 19.05, General Provisions,
unless a departure has been granted by the City Council.
19.25.920 Zoning Districts - Generally.
In the planned residence districts, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts, unless a
departure has been granted by the City Council.
19.25.925 Location and Size of District.
Planned residence districts should be located in
substantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate
planned residence district exclusive of rights of way, but
including adjoining land or land directly opposite a right
88
of way shall not be less than two [2] acres. No departure
from the required minimum size of a planned residence dis-
trict may be granted by the City Council.
19.25.930 Land Use.
In a planned residence district, the only land uses
allowed shall be those land uses approved by the City Coun-
cil, subject to the provisions of Chapter 19.60, Planned
Developments.
19.25.935 Site Design.
In a planned residence district, the site design regula-
tions shall be as approved by the City Council, subject to
the provisions of Chapter 19.60, Planned Developments.
19.25.940 Off Street Parking.
In a planned residence district, off street parking
shall be subject to the provisions of Chapter 19.45, Off
Street Parking, unless a departure is granted by the City
ellk Council, subject to the provisions of Chapter 19.60, Planned
Developments.
19.25.945 Off Street Loading.
In a planned residence district, off street loading
shall be subject to the provisions of Chapter 19.47, Off
Street Loading, unless a departure is granted by the City
Council, subject to the provisions of Chapter 19.60, Planned
Developments.
19.25.950 Signs.
In a planned residence district, signs shall be subject
to the provisions of Chapter 19.50, Signs, unless a depar-
ture is granted by the City Council, subject to the provi-
sions of Chapter 19.60, Planned Developments.
19.25.955 Amendments.
In a planned residence district, text and map amendments
shall be subject to the provisions of Chapter 19.60, Planned
Developments.
89
19.25.960 Variations.
In a planned residence district, no variation shall be
granted pursuant to the provisions of Chapter 19.70,
Variations.
19.25.965 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
9 0.
Chapter 19.30
COMMUNITY FACILITY DISTRICTS
Sections:
19.30.050 Purpose and Intent.
19.30.100 CF Community Facility District.
19.30.500 PCF Planned Community Facility District.
19.30.050 Purpose and Intent.
The purpose of the community facility districts is to
provide for the development and protection of various
community facilities with both standard and planned land use
and site design regulations. In general, community facil-
ities provide governmental, recreational, educational,
health, social, religious, and transportation services to
the community on a for profit or on a not for profit basis.
19.30.100 CF COMMUNITY FACILITY DISTRICT.
Sections:
19.30.105 Purpose and Intent.
19.30.110 Supplementary Regulations.
19.30.115 General Provisions.
19.30.120 Zoning Districts - Generally.
19.30.125 Location and Size of District.
19.30.130 Land Use.
19.30.135 Site Design.
19.30.140 Off Street Parking.
19.30.145 Off Street Loading.
19.30.150 Signs.
19.30.155 Nonconforming Uses and Structures.
19.30.160 Amendments.
19.30.165 Planned Developments.
19.30.170 Conditional Uses.
19.30.175 Variations.
19.30.180 Appeals.
19.30.105 Purpose and Intent.
The purpose of the CF Community Facility District is to
recognize a major land use category and pattern of develop-
ment that exists within the city, and to provide standards
pollk for the location and requirements for site design of com-
munity facilities.
91
19.30.110 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.30.115 General Provisions.
In the CF Community Facility District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
19.30.120 Zoning Districts - Generally.
In the CF Community Facility District, the use and de-
velopment of land and structures shall be subject to the
provisions, of Chapter 19.07, Zoning Districts
19.30.125 Location and Size of District.
A CF Community Facility District should be located in
substantial conformance to the official comprehensive plan,
and central and accessible to the population served without
requiring traffic movements through or into a residential
neighborhood, but on a neighborhood's periphery as defined
by the "arterial street" [SR] system. The amount of land
necessary to constitute a separate CF zoning district
exclusive of rights of way, but including adjoining land or
land directly opposite a right of way shall not be less than
two [2] acres, unless such land adjoins any nonresidential
zoning district, which has frontage on the same street. All
open space encompassing active and passive parks, recrea-
tional areas, playgrounds, woodlands, flood plains, wet-
lands, or any other natural area, containing two (2) or more
acres of land or adjoining an existing community facility
district shall be mapped within a community facility dis-
trict.
19.30.130 Land Use.
In the CF Community Facility District, the use and de-
velopment of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following enum41
-
erated "land uses" [SR] shall be the only land uses allowed
as a "permitted use" [SR], or as a "conditional use" [SR] in
the CF Community Facility District.
92
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
CF Community Facility District:
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI.
2. "Public parks, recreation, open space" [SRI CUNCLI.
Public Administration Division.
3. Public administration [JI.
Finance, Insurance, and Real Estate Division.
4. "Development sales office" [SRI [UNCLI.
Services Division.
5. Elementary and secondary schools [8211.
6. Public Libraries 18231.
Construction Division.
7. "Contractors office and equipment areas" [SRI
[UNCL].
Transportation, Communication, and Utilities Division.
8. "Amateur radio antennas" [SRI [UNCLI.
9. "Radio and television antennas" [SRI [UNCLI.
10. "Satellite dish antennas" [SRI [UNCL].
11. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
C UNCL I .
Miscellaneous Uses Division.
12. "Fences and walls" [SRI [UNCL].
13. "Loading facilities [SRI [UNCL], exclusively "acces-
sory" [SRI, subject to the provisions of Chapter
19.47, Off Street Loading.
14. "Parking lots" CSR] CUNCLI, exclusively "accessory"
[SRI, subject to the provisions of Chapter 19.45,
Off Street Parking.
15. "Refuse collection area" [SRI.
16. "Signs" [SRI [UNCL], subject to the provisions of
Chapter 19.50, Signs.
17. "Temporary uses" [SRI [UNCL], encompassing special
events such as carnivals, Christmas tree sales, and
festivals, as approved by the Development Adminis-
trator.
93
18. "Accessory structures" [SRI [UNCL] to the permitted
uses allowed in the CF Community Facility District,
subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
19. "Accessory uses" [SRI [UNCL] to the permitted uses
allowed in the CF Community Facility District, sub-
ject to the provisions of Section 19.10.400,
Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the CF Community Facility District:
Services Division.
1. Arenas, sports fields, and stadiums [UNCL].
2. Cemeteries including mausoleums and crematories
[ UNCL I .
3. Child day care services [835].
4. Churches, convents, monasteries, and temples [86617.
5.. Colleges, universities, professional schools, and
Junior colleges [8227.
6. Family residential care facility [SRI [83617.
7. Hospitals 18063.
S. Individual and family social services 18323.
9. "Institutional child day care services" [SRI [8351].
10. Job training and vocational rehabilitation service.
11. Museums, art galleries, and botanical and zoological
gardens [8417.
12. Nursing and personal care facilities [8057.
13. Other schools and educational services [8293.
14. Residential care facility [SRI [83617.
15. Social services not elsewhere classified [8393.
16. Vocational schools 18247.
Mining Division.
17. "Temporary mining" [SRI [UNCL].
Transportation, Communication, and Utilities Division.
18. "Accessory treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCL].
19. Airports 1451.
20. Branch United States post offices 143113.
21. Commercial towers and antennas [SRI [UNCL].
22. Electric power generation [UNCL].
23. Fixed facilities, and inspection and weighing
services for motor vehicle transportation [47853.
24. Heliports 14583.
25. Local and suburban passenger transportation
operators 14113.
94
26. Local and suburban transit and interurban highway
passenger transportation facilities for passenger
boarding [417].
27. Local and suburban transit and interurban highway
passenger transportation facilities for terminal
yards, or for the parking, storage, maintenance, or
servicing of vehicles or equipment necessary for the
use served [4173.
28. "Other radio and television antennas" [SRI [UNCLI.
29. Other railroad facilities including terminal yards
[4013.
30. Other satellite dish antennas [SRI [UNCLI.
31. Pipelines, except natural gas [4613.
32. Railroad operators 14013.
33. Railroad stations 14013.
34. Railroad tracks [4013.
35. Refuse systems 149533.
36. Rental of railroad cars [4743.
37. Sewerage systems 149523.
38. Transportation services not elsewhere classified
147893.
39. United States post offices 14313.
40. Water supply [4943.
41. Water transportation 1443.
Miscellaneous Uses Division.
42. "Commercial operations yards" [SRI [UNCLI.
43. "Master signage plan" [SR3, subject to the provi-
sions of Chapter 19.50, Signs.
44. "Parking lots" [SR3 [UNCLI, subject to the
provisions of Chapter 19.45, Off Street Parking.
45. "Parking structures" [SRI [UNCLI.
46. "Planned developments" [SRI on a "zoning lot" [SRI
containing less than two 12I acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
47. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the CF Community Facility Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
48. "Accessory uses" [SR3 [UNCLI to the conditional uses
allowed in the CF Community Facility District, sub-
ject to the provisions of Section 19.10.400,
Component Land Uses.
19.30.135 Site Design.
In the CF Community Facility District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the CF zoning
district, the site design regulations shall be as follows:
95
A. Zoning Lots - Generally. In the CF zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the CF zoning district, the minimum
required " zoning lot area" [SRI shall be twenty
thousand [20,0001 square feet.
C. Lot Width. In the CF zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be one
hundred twenty five 11253 linear feet.
D. Setbacks - Generally. In the CF zoning district,
"setbacks" [SRI shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lotline. In the CF zoning district, the
minimum required "building" [SRI setbacks and "vehicle
use area setbacks" [SRI for a zoning lot shall be as
follows:
1. Building Setbacks.
a. Street Setback. The minimum required building 14)
setback from a "street lot line" [SRI shall be
calculated as follows:
Street setback [StS1 in linear feet shall equal the
area of a zoning lot [ZLAI in square feet minus
twenty thousand 120,0001 square feet; the
difference times nineteen thousand, four hundred
twenty eight, billionths [.0000194281; the product
plus twenty five 1251 linear feet. Minimum street
setback can be expressed by the following formula:
StS = ((ZLA - 20,000) x .000019428) + 25.
b. Interior Setback. The minimum required building
setback from an "interior lot line" [SRI shall be
calculated as follows:
Interior setback [ISI in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
twenty thousand [20,0001 square feet; the differ-
ence times fifteen thousand, five hundred forty
two, billionths [.000015542]; the product plus five
151 linear feet. Minimum interior setback can be
expressed by the following formula: IS = ((ZLA
- 20,000) x .000015542) + 5, or
A. Trannitien S@tback. The minimum required building
setback from a "transition lot line" CSR] shall be
calculated as follows:
96
Transition setback [TS] in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
twenty thousand [20,000] square feet; the differ-
ence times thirty eight thousand, eight hundred
fifty six, billionths [.000038856]; the product
plus fifty [50] linear feet. Minimum transition
setback can be expressed by the following formula:
TS = ( ( ZLA - 20,000) x .000038856) + 50-
2. Vehicle Use Area Setbacks.
a. Street Setback. For zoning lots with a "vehicle
use area" [SRI, the minimum required vehicle use
area setback from a street lot line shall be
calculated as follows:
Vehicle use area street setback [VUAStS] in linear
feet shall equal the area of a zoning lot [ZLA3 in
square feet minus twenty thousand [20,000] square
feet; the difference times thirteen thousand, two
hundred eleven, billionths [.000013211]; the pro-
duct plus eight 18I linear feet. Minimum vehicle
use area setback can be expressed by the following
formula: VUAStS = ((ZLA - 20,000) x .000013211)
+ a.
b. Interior Setback. For zoning lots with a with a
vehicle use area, the minimum required vehicle use
area setback from an interior lot line shall be six
[ 6 ] linear feet.
F. Accessory Structures and Buildings. In the CF zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
G. Yards - Generally. •In the CF zoning district, a "street
yard" [SR], a "side yard" [SR], a "rear yard" [SRI, or a
"transition landscape yard" [SR] established by a re-
quired building setback or by the actual location of a
building shall be subject to the provisions of Section
19.12.600, Obstructions in Yards.
H. Landscape Yards. In the CF zoning district, landscape
vards shall be as follows:
1. Transition Landscape Yards. A "transition landscape
yard" [SR] shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required
W
transition setback calculated in Section 19.30.135,
E., c. Transition Setback.
2. Vehicle Use Area Landscape Yards. The yards estab-
lished by vehicle use area setbacks from a street lot
line and from an interior lot line shall be used as
"vehicle use area landscape yards" [SRI with the
exception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way
and Section 19.45. 110, Size of Driveways. Vehicle use
area landscape yards shall be subject to the provi-
sions of Section 19. 12.700, Landscaping.
3. Interior Landscape Yards. "Interior landscape yards"
[SRI shall be installed on a zoning lot featuring a
"vehicle use area" [SRI, which exceeds five thousand
(5,000) square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
I. Floor Area. In the CF zoning district, the maximum
"floor area" [SRI for a zoning lot shall be calculated as
follows:
Floor area [FAI in square feet shall equal the area of a
zoning lot [ZLAI in square feet minus twenty thousand
[20,000] square feet; the difference times three hundred
forty nine million, two hundred twenty two thousand,
eight hundred seventy eight, billionths [.349222878]; the
product plus one thousand, eight hundred [1,800] square
feet. Maximum floor area can be expressed by the fol-
lowing formula: FA = ((ZLA - 20,000) x .349222878)
+ 8, 000) .
J. Building Coverage. In the CF zoning district, the maxi-
mum "building coverage" [SRI for a zoning lot shall be
calculated as follows:
Building coverage [BCI in square fent shall equal the
area of a zoning lot [ZLAI in square feet minus twenty
thousand [20,000] square feet; the difference times two
hundred forty six million, nine hundred thirty nine
thousand, eighty seven, billionths [.246939087]; the
product plus four thousand [4,000] square feet. Maximum
building coverage can be expressed by the following
formula: BC = ((ZLA - 20,000) x .246939087) + 4, 000) .
19.30.140 Off Street Parking.
In the CF Community Facility District, off street park-
ing shall be subject to the provisions of Chapter 19.45, Off
Street Parking.
98
19.30.145 Off Street Loading.
In the CF Community Facility District, off street load-
ing shall be subject to the provisions of Chapter 19.47, Off
Street Loading.
19.30.150 Signs.
In the CF Community Facility District, signs shall be
subject to the provisions of Chapter 19.50, Signs.
19.30.155 Nonconforming Uses and Structures.
In the CF Community Facility District, nonconforming
uses and structures shall be subject to the provisions of
Chapter 19.52, Nonconforming Uses and Structures.
19.30.160 Amendments.
In the CF Community Facility District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments..
19.30.165 Planned Developments.
In the CF Community Facility District, planned develop-
ments shall be subject to the provisions of Chapter 19.60,
Planned Developments.
19.30.170 Conditional Uses.
In the CF Community Facility District, conditional uses
shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.30.175 Variations.
In the CF Community Facility District, variations shall
be subject to the provisions of SEction 19.10.500, Author-
ized Land Use Variations, Section 19.12.800, Authorized Site
Design Variations, and Chapter 19.70, Variations
19.30.180 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
99
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.30.500 PCF PLANKED COMMUNITY FACILITY DISTRICT
Sections:
19.30.505 Purpose and Intent.
19.30.510 Supplementary Regulations.
19.30.515 General Provisions.
19.30.520 Zoning Districts - Generally.
19.30.525 Location and Size of District.
19.30.530 Land Use.
19.30.535 Site Design.
19.30.540 Off Street Parking.
19.30.545 Off Street Loading.
19.30.550 Signs.
19.30.555 Amendments.
19.30.560 Variations.
19.30.565 Appeals.
19.30.505 Purpose and Intent.
The purpose of the PCF Planned Community Facility Dis-
trict is to provide a planned environment for various types
of community facilities, subject to the provisions of
Chapter 19.60, Planned Developments. In general, community
facilities provide governmental, recreational, educational,
health, social, religious, and transportation services to
the community on a for profit or on a not for profit basis.
19.30.510 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.30.515 General Provisions.
In the PCF Planned Community Facility District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.05, General Provisions, unless
a departure has been granted by the City Council.
&I
19.30.520 Zoning Districts - Generally.
In the PCF Planned Community Facility District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.07, Zoning Districts, unless a
departure has been granted by the City Council.
19.30.525 Location and Size of District.
A PCF Planned Community Facility District should be
located in substantial conformance to the official compre-
hensive plan. The amount of land necessary to constitute a
separate PCF zoning district exclusive of rights of way, but
including adjoining land or land directly opposite a right
of way shall not be less than two [2] acres, unless such
land adjoins any nonresidential zoning district, which has
frontage on the same street. No departure from the required
minimum size of a PCF Planned Community Facility District
may be granted by the City Council.
19.30.530 Land Use.
In a PCF Planned Community Facility District, the only
00011, land uses allowed shall be those land uses approved by the
City Council, subject to the provisions of Chapter 19.60,
Planned Developments.
19.30.535 Site Design.
In a PCF Planned Community Facility District, the site
design regulations shall be as approved by the City Council,
subject to the provisions of Chapter 19.60, Planned Develop-
ments.
19.30.540 Off Street Parking.
In a PCF Planned Community Facility District, off street
parking shall be subject to the provisions of Chapter.19.45,
Off Street Parking, unless a departure is granted by the
City Council, subject to the provisions of Chapter 19.60,
Planned Developments.
19.30.545 Off Street Loading.
In a PCF Planned Community Facility District, off street
0004 loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading, unless a departure is granted by the
City Council, subject to the provisions of Chapter 19.60,
Planned Developments.
101
19.30.550 Signs.
FLI
In a PCF Planned Community Facility District, signs
shall be subject to the provisions of Chapter 19.50, Signs,
unless a departure is granted by the City Council, subject
to the provisions of Chapter 19.60, Planned Developments.
19.30.555 Amendments.
In a PCF Planned Community Facility District, text and
map amendments shall be subject to the provisions of Chapter
19.60, Planned Developments. _
19.30.560 Variations.
In a PCF Planned Community Facility District, no
variation shall be granted pursuant to the provisions of
Chapter 19.70, Variations.
19.30.565 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
102
Chapter 19.35
BUSINESS DISTRICTS
Sections:
19.35.100 Purpose and Intent.
19.35.200 RB Residence Business District.
19.35.300 NB Neighborhood Business District.
19.35.400 AB Area Business District.
19.35.500 CC1 Center City District.
19.35.700 CC2 Center City District.
19.35.900 Planned Business Districts.
19.35.100 Purpose and Intent.
The purpose of the business districts is to provide for
the development and protection of commercial areas with both
standard and planned land use and site design regulations,;
differentiating by function, scale of development, proximity
to residential neighborhoods, and relationship to the street
system.
19.35.200 RB RESIDENCE BUSINESS DISTRICT
Sections:
19.35.205 Purpose and Intent.
19.35.210 Supplementary Regulations.
19.35.215 General Provisions.
19.35.220 Zoning Districts - Generally.
19.35.225 Location and Size of District.
19.33.230 Land Use.
19.35.235 Site Design.
19.35.240 Off Street Parking.
19.35.245 Off Street Loading.
19.35.250 Signs.
19.35.255 Nonconforming Uses and Structures.
19.35.260 Amendments.
19.35.265 Planned Developments.
19.35.270 Conditional Uses.
19.35.275 Variations.
19.35.280 Appeals.
19.35.205 Purpose and Intent.
The purpose of the RB Residence Business District is to
conserve the residential character of certain properties
located within transportation corridors as designated by the
103
official comprehensive plan by providing various use altern-
atives, but with site design regulations in keeping with a
residential environment.
19.35.210 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "CSR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.35.215 General Provisions.
In the RB Residence Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
19.35.220 Zoning Districts - Generally.
In the RB Residence Business District, the use and de-
velopment of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts
19.35.225 Location and Size of District.
A RB Residence Business District zoning should be
located in substantial conformance with the official
comprehensive plan and may be located in areas adjoining
arterial streets or in other areas deemed unsuitable for
other zoning clas- sifications. The amount of land
necessary to constitute a separate RB zoning district
exclusive of rights of way, but including adjoining land or
land directly opposite a right of way shall not be less than
two [2] acres, unless such land adjoins any nonresidential
zoning district, which has frontage on the same street.
19.35.230 Land Use.
In the RB Residence Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR], as a "conditional use"
[SR], or as a *similar use" [SR] in the RB Residence
Business District.
104
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
RB Residence Business District:
Residences Division.
1. "Single family detached dwellings" [SRI [UNCL].
2. "Two family detached dwellings" [SR3 [UNCL].
3. "Multiple family dwellings" [SR3 [UNCL3.
4. "Second floor apartment dwellings" [SRI [UNCL].
5. "Residential garage sales" [SRI [UNCL].
6. "Residential outdoor storage of firewood" [SR3
[UNCL 3 .
7. "Residential parking areas" [SR3 [UNCL].
S. "Residential storage" [SRI [UNCL].
9. "Residential storage of trucks or buses" [SRI
[UNCL].
Municipal Services Division.
10. Public parks, recreation, open space [UNCL] on a
"zoning lot" [SRI containing less than two 123 acres
of land.
Offices Division.
11. "Off ices" [SRI [ UNCL 3 .
Finance, Insurance, and Real Estate Division.
12. "Development sales offices" CSR] [UNCL].
13. Finance, insurance, and real estate [H3.
Services Division.
14. Advertising [731].
15. Barber shops [7243.
16. Beauty shops [7231.
17. "Bed and breakfast inns" [SRI [7011].
18. Commercial, economic, sociological, and educational
research [8732].
19. Computer programming, data processing, and other
computer related services 17373.
20. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies [732].
21. Detective and guard services [73813.
22. Engineering, accounting, research, management, and
related services 1873.
23. Garment pressing, and agents for laundries and dry
cleaners [72123.
24. Home child day care services [SRI 183513.
25. Home health care services [8083.
26. Laundry collecting and distributing outlets [7211].
105
27. Legal services [811].
28. Mailing, reproduction, commercial art and
photography, and stenographic services 17331.
29. Management and public relations services 18741.
30. Membership organizations [867.
31. Miscellaneous personal services not elsewhere
classified [7299].
32. Noncommercial research organizations 187333.
33. Personnel supply services [736].
34. Professional sports operators and promoters 179413.
35. Radio and television repair shops [76223.
36. Shoe repair shops and shoe shine parlors [725].
37. Tax return preparation services 172913.
38. Watch, clock, and jewelry repair [763].
Retail Trade Division.
39. Apparel and accessory stores [563.
40. Direct selling establishments [59633.
41. Florists [59923.
42. Home furniture, furnishings, and equipment stores
[573.
43. Miscellaneous shopping goods stores [594].
44. News dealers 159943.
45. optical goods stores [59953.
46. Tobacco stores 159933.
47. Used merchandise stores [593].
Agricultural Division.
48.'Farm labor and management services [0763.
49. Landscape counseling and planning [07813.
Construction Division.
50. "Contractors office and equipment areas" [SR3
[UNCL3.
Transportation, Communication, and Utilities Division.
51. "Amateur radio antennas" CSR3 [UNCL3.
52. Arrangement of passenger transportation [472].
53. Arrangement of transportation of freight and cargo
[4733.
54. Bus charter service operators offices 14143.
55. Intercity and rural bus transportation operators
offices 14133.
56. Local and suburban passenger transportation
operators offices [4113.
57. "Radio and television antennas" 1SR3 [UNCL3.
58. Railroad operators offices [4013.
59. "Satellite dish antennas" [SR3 [UNCL3.
60. School bus operators offices [4153.
61. Taxicab operators offices 14123.
106
62. Telegraph an other message communications [482].
63. Telephone communications [481].
64. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR]
[UNCL ] .
Miscellaneous Uses Division.
65. "Accessory structures" [SR] [UNCL] to the permitted
uses allowed in the RB Residence Business District,
subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
66. "Accessory uses" [SR7 [UNCL] to the permitted uses
allowed in the RB Residence Business District, sub-
ject to the provisions of Section 19.10.400,
Component Land Uses.
67. "Fences and walls" [SR] [UNCL].
68. "Loading facilities" [SR] [UNCL], exclusively "ac-
cessory" [SR3 to a permitted use allowed in the RB
Residence Business District, subject to the provi-
sions of Chapter 19.47, Off Street Loading.
69. "Parking lots" [SR] [UNCL], exclusively "accessory"
[SR] to a permitted use allowed in the RB Residence
Business District, subject to the provisions of
Chapter 19.45, Off Street Parking.
70. "Refuse collection area" [SR].
71. Signs [SR] [UNCL], subject to the provisions of
Chapter 19.50, Signs.
72. Temporary uses [SR] [UNCL7.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the RB Residence Business District:
Municipal Services Division.
1. "Municipal facilities" [SR] on a zoning lot CSR]
containing less than two [2] acres of land.
Public Administration Division.
2. Public administration [J] on a zoning lot containing
less than two [23 acres of land.
Services Division.
3. Child day care services [835].
4. Family residential care facility [SR] [8361].
5. Medical and dental laboratories [807].
6. Offices and clinics of dentists [802].
7. Offices and clinics of doctors of medicine [801].
S. Offices and clinics of doctors of osteopathy [803].
ES%Y1
9. Offices and clinics of other health practitioners
[804].
10. Residential care facility [SRI [8361].
Retail Trade Division.
11. Drug stores and proprietary stores [591].
12. Eating places [5812].
Mining Division.
13. "Temporary mining" [SRI [UNCLI.
Transportation, Communication, and Utilities Division.
14. Other radio and television antennas" [SRI [UNCLI.
15. "Other satellite dish antennas" [SRI [UNCLI.
16. Railroad tracks 14011.
17. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCLI.
Miscellaneous Uses Division.
18. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
19 "Planned developments" [SRI [UNCLI on a zoning lot
containing less than two [21 acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
20. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the RB Residence Business Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
21. "Accessory uses" [SRI [UNCLI to the conditional uses
allowed in the RB Residence Business District, sub-
ject to the provisions of Section 19.10.400,
Component Land Uses.
C. Similar Uses. The following enumerated land uses
shall be subject to classification as a permitted use
or as a conditional use in the RB Residence Business
District or in a less restrictive zoning district,
pursuant to Section 19.10.400 H. Classification of Land
Uses:
Services Division.
1. Business services not elsewhere classified [7389].
2. Laundry and garment services not elsewhere
classified [7219].
3. Miscellaneous health and allied services not
elsewhere classified [8091.
108
4. Miscellaneous personal services not elsewhere
classified 172991.
5. Miscellaneous repair shops and related services
[7693.
6. Services not elsewhere classified [899].
7. Social services not elsewhere classified [839].
Retail Division.
8. Miscellaneous retail stores not elsewhere classified
159993.
19.35.235 Site Design.
In the RB Residence Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the RB zoning
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally. In the RB zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the RB zoning district, the minimum
required *zoning lot area" CSR] shall be as follows:
1. Standard Zoning Lot. The minimum required lot area
for a zoning lot shall be six thousand [6,000] square
feet for any permitted use or conditional use, except
for two family dwellings and multiple family
dwellings.
2. Two Family Zoning Lot. The minimum required lot area
for a zoning lot shall be eight thousand [8,000]
square feet per two family dwelling, allocated at a
minimum of four thousand [4,000] square feet per
dwelling unit. For a "duplex lot" [SR3, the minimum
required area for a *lot of record" [SR3 shall be four
thousand [4, 0003 square feet.
3. Multiple Family Zoning Lot. The minimum required lot
area for a zoning lot shall be twelve thousand
[12,000] square feet for three [33 dwelling units,
plus four thousand [4,0007 square feet for each
additional dwelling unit.
C. Lot Width. In the RB zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be fifty
[503 linear feet, but no lot width for a zoning lot shall
exceed one hundred forty five [1453 linear feet.
109
D. Setbacks - Generally. In the RB zoning district,
"setbacks" [SR] shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the RB zoning district, the
minimum required "building" [SR] "setbacks" [SR] and
"vehicle use area setbacks" [SR] for a zoning lot shall
be as follows:
1. Building Setbacks. Building setbacks shall be as
follows:
a. Street Setback. The minimum required building
setback from a "street lot line" [SR] shall be
twenty [20] linear feet.
b. Side Setback. The minimum required building
setback from a "side lot line" [SR] shall be six
[6] linear feet. The combined width of the side
yard setbacks shall not be less than twelve [12]
linear feet.
c. Interior Setback. The minimum required building
setback from an "interior lot line" [SR] shall be
six [6] linear feet.
d. Rear Setback. The minimum required building
setback from a "rear lot line" [SR] shall be twenty
[ 20 ] linear feet.
e. Transition Setback. For zoning lots with a
nonresidential land use, the minimum required
building setback from a "transition lot line" [SR]
shall be twenty [20] linear feet.
2. Vehicle Use Area Setbacks.
a. Street Setback. For zoning lots with a "parking
lot" [SR7, the minimum required vehicle use area
setback from a street lot line shall be eight [8]
linear feet.
b. Interior Setback. For zoning lots with a with a
parking lot, the minimum required vehicle use area
setback from an interior lot line shall be six [6]
linear feet.
F. Accessory Structures and Buildings. In the RB zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
110
G. Yards - Generally. In the RB zoning district, a "street
yard" [SRI, a "side yard" [SRI, a "rear yard" [SRI, or a
"transition yard" [SRI established by a required building
setback or by the actual location of a building shall be
subject to the provisions of Section 19.12.600, Obstruc-
tions in Yards.
H. Landscape Yards. In the RB zoning district, landscape
yards shall be as follows:
1. Transition Landscape Yards. A "transition landscape
yard " [SRI shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be the first six [6I linear
feet of lot depth adjoining a transition lot line.
2. Vehicle Use Area Landscape
lished by vehicle use area
"vehicle use area landscape
ception of access driveways
19.45.100, Access Driveways
and Section 19.45.110, Size
area landscape yards shall
sions of Section 19.12.700,
Yards. The yards estab-
setbacks shall be used as
yards" [SRI with the ex -
as provided in Section
to a Public Right of Way
of Driveways. Vehicle use
be subject to the provi-
Landscaping.
3. Interior Landscape Yards. "Interior landscape yards"
CSR] shall be installed on a zoning lot featuring a
"vehicle use area" [SRI, which exceeds five thousand
(5,000) square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
I. Floor Area.
1. Single Family Zoning Lot. In the RB zoning district,
the maximum "residential floor area" [SRI for a single
family zoning lot shall be calculated as follows:
Residential floor area [RFAI in square feet shall
equal the area of a zoning lot [ZLAI in square feet
minus six thousand [6,000] square feet; the difference
times one thousand, nine hundred, twenty eight, ten
thousandths [.1928]; the product plus one thousand,
eight hundred [1,800] square feet. Maximum residen-
tial floor area can be expressed by the following
"site capacity formula" [SRI: RFA = ((ZLA - 6,000)
x .1928) + 1, 800) .
2. Two Family Zoning Lot. In
maximum residential floor
lot shall be calculated as
the RB zoning district, the
area for a two family zoning
follows:
Residential floor area [RFAI in square feet shall
111
equal the area of a zoning lot [ZLAI in square feet
minus eight thousand [8,000] square feet; the
difference times one thousand, nine hundred, sixteen,
ten thousandths [.1916]; the product plus two
thousand, two hundred [ 2, 2003 square feet. Maximum
residential floor area can be expressed by the
following "site capacity formula" [SRI: RFA = ((ZLA
- 8,000) x .1916) + 2, 200) .
3. Multiple Family Zoning Lot. In the RB zoning dis-
trict, the maximum residential floor area for a
multiple family zoning lot shall be calculated as
follows:
Residential floor area [RFA] in square feet shall
equal the area of a zoning lot [ZLAI in square feet
minus nine thousand [9,000] square feet; the differ-
ence times one thousand, nine hundred, thirteen, ten
thousandths [.1913]; the product plus two thousand,
four hundred [2,400] square feet. Maximum residential
floor area can be expressed by the following "site ca-
pacity formula" [SRI: RFA = ((ZLA - 9,000) x .1913)
+ 2, 400) .
4. Nonresidential Zoning Lot. In the RB zoning district,
the maximum "floor area" [SRI for a zoning lot with a
nonresidential land use including "second floor
apartments" [SRI shall be calculated as follows:
Floor area [FAI in square feet shall equal the area of
a zoning lot [ZLA] in square feet minus six thousand
[6,000] square feet; the difference times one thou-
sand, nine hundred thirty five ten thousandths
[.1935]; the product plus one thousand, eight hundred
[1,800] square feet. Maximum floor area can be ex-
pressed by the following "site capacity formula" [SRI:
FA = ((ZLA - 6,000) x .1935) + 1, 800.
J. Building Coverage.
1. Single Family Zoning Lot. In the RB zoning district,
the maximum "building coverage" [SRI for a single
family zoning lot shall be calculated as follows:
Building coverage [BCI in square feet shall equal the
area of a zoning lot [ZLA] minus six thousand [6,000]
square feet; the difference times one thousand, seven
hundred, twenty nine, ten thousandths [.1729]; the
product plus two thousand, ten [2,010] square feet.
Maximum building coverage can be expressed by the
following "site capacity formula" [SRI: BC = ((ZLA
- 6,000) x .1729) + 2, 010) .
112
2. Two Family Zoning Lot. In the RB zoning district, the
maximum building coverage for a two family zoning
lot shall be calculated as follows:
Building coverage [BC] in square feet shall equal the
area of a zoning lot [ZLA] in square feet minus eight
thousand [8,000] square feet; the difference times one
thousand, seven hundred, sixty seven, ten thousandths
[.17671; the product plus two thousand, three hundred,
ten 12,3103 square feet. Maximum building coverage
can be expressed by the following "site capacity form-
ula" [SRI: BC = ( ( ZLA - 8,000) x .1767) + 2, 310) .
3. Multiple Family Zoning Lot. In the RB zoning dis-
trict, the maximum building coverage for a multiple
family zoning lot shall be calculated as follows:
Building coverage [BC) in square feet shall equal the
area of a zoning lot [ZLA] in square feet minus nine
thousand [9,000] square feet; the difference times one
thousand, eight hundred thirty six, ten thousandths
[.1836]; the product plus one thousand, nine hundred,
ninety two 11,9921 square feet. Maximum building co-
verage can be expressed by the following "site capac-
ity formula" [SR]: BC = ((ZLA - 9,000) x.1836)
001, + 1, 992) .
4. Nonresidential Zoning Lot. In the RB zoning district,
the maximum building coverage for a zoning lot with a
nonresidential land use including second floor
apartments shall be calculated as follows:
Building coverage CBC] in square feet shall equal the
area of a zoning lot [ZLA] in square feet minus six
thousand [6,0001 square feet; the difference times
thirteen thousand, six hundred sixteen, hundred
thousandths [.13616]; the product plus two thousand,
ten [2,010] square feet. Maximum building coverage
can be expressed by the following "site capacity form-
ula" [ SR ] : BC = ( ( ZLA - 6,000) x .13616) + 2, 010) .
K. Accessory Building Coverage.
1. Single Family Zoning Lot. In the RB zoning district,
the maximum "accessory building coverage" [SR] for a
single family zoning lot shall be calculated as
follows:
Accessory building coverage [ABC] in square feet shall
equal the area of a zoning lot [ZLA] in square feet
minus six thousand [6,000] square feet; the difference
times two hundred, eighty three, ten thousandths
[.0283]; the product plus six hundred, sixty [660]
square feet. Maximum accessory building coverage can
113
be expressed by the following "site capacity formula"
[SRI: ABC = ((ZLA - 6,000) x .0283) + (660).
2. Two Family Zoning Lot. In the RB zoning district, the
maximum accessory building coverage for a two family
zoning lot shall be as follows:
Accessory building coverage [ABCI in square feet shall
equal the area of a zoning lot [ZLAI in square feet
minus eight thousand 18,0007 square feet; the differ-
ence times thirty three, thousandths [.0337; the pro-
duct plus six hundred sixty 16607 square feet. Maxi-
mum accessory building coverage can be expressed by
the following "site capacity formula" [SR7: ABC =
((ZLA - 8, 000 ), x .033) + (660).
3. Multiple Family Zoning Lot. In the RB zoning dis-
trict, the maximum accessory building coverage for a
multiple family zoning lot shall be as follows:
Accessory building coverage [ABCI in square feet shall
equal the area of a zoning lot CZLA3 in square feet
minus nine thousand [9,0003 square feet; the
difference times eighty eight, thousandths C.0883; the
product plus seven hundred ninety two [7923 square
feet. Maximum accessory building coverage can be
expressed by the following "site capacity formula"
[SR3: ABC = ((ZLA - 9,000) x .088) + (792).
L. Floor Area for Dwellings. In the RB zoning district, the
gross floor area of a dwelling unit shall be a minimum of
six hundred [6003 square feet, plus an additional two
hundred fifty [2503 square feet for each.bedroom, except
that studio and efficiency units shall be a minimum of
six hundred [6003 square feet.
19.35.240 Off Street Parking.
In the RB Residence Business District, off street park-
ing shall be subject.to the provisions of Chapter 19.45, Off
Street Parking.
19.35.245 Off Street Loading.
In the RB Residence Business District, off street load-
ing shall be subject to the provisions of Chapter 19.47, Off
Street Loading.
114
19.35.250 Signs.
In the RB Residence Business District, signs shall be
subject to the provisions of Chapter 19.50, Signs.
19.35.255 Nonconforming Uses and Structures.
In the RB Residence Business District, noncon- forming
uses and structures shall be subject to the provi- sions of
Chapter 19.52, Nonconforming Uses and Structures.
19.35.260 Amendments.
In the RB Residence Business District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.35.265 Planned Developments.
In the RB Residence Business District, planned develop-
ments shall be subject to the provisions of Chapter 19.60,
Planned Developments.
19.35.270 Conditional Uses.
In the RB Residence Business District, conditional uses
shall be subject to the provisions of Chapter 19.65, Condi-
tional Uses.
19.35.275 Variations.
In the RB Residence Business District, variations shall
be subject to the provisions of Section 19.10.500, Author-
ized Land Use Variations, Section 19.12.800, Authorized Site
Design Variations, and Chapter 19.70, Variations.
19.35.280 Appeals.
Any requirement, determination,. or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.35.300 NB NEIGHBORHOOD BUSINESS DISTRICT
Sections:
19.35.305 Purpose and Intent.
19.35.310 Supplementary Regulations.
19.35.315 General Provisions.
19.35.320 Zoning Districts - Generally.
19.35.325 Location and Size of District.
19.35.330 Land Use.
19.35.335 Site Design.
19.35.340 Off Street Parking.
19.35.345 Off Street Loading.
19.35.350 Signs.
19.35.355 Nonconforming Uses and Structures.
19.35.360 Amendments.
19.35.365 Planned Developments.
19.35.370 Conditional Uses.
19.35.375 Variations.
19.35.380 Appeals.
19.35.305 Purpose and Intent.
The purpose of the NB Neighborhood Business District is
to provide for commercial areas supplying daily convenience
commodities and services to a neighborhood population. The
scale of development of a NB zoning district is limited by
the applicable site design regulations due to its function
and resulting close proximity to residences.
19.35.310 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
19.35.315 General Provisions.
In the NB Neighborhood Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
19.35.320 Zoning Districts - Generally.
In the NB Neighborhood Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts
116
r
19.35.325 Location and Size of District.
A NB Neighborhood Business District should be located in
substantial conformance to the official comprehensive plan
and shall be located on an arterial street at an intersec-
tion with another arterial street or a "collector street"
[SR], or in other area. deemed unsuitable for other zoning
classifications. The amount of land necessary to constitute
a separate NB zoning district exclusive of rights of way,
but including adjoining land or land directly opposite a
right of way shall be neither less than five 153 acres nor
greater than ten [10] acres.
19.35.330 Land Use.
In the NB Neighborhood Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SR] shall be the only land uses
allowed as a "permitted use" [SR], as a "conditional use"
[SR], or as a "similar land use" [SR] in the NB neighborhood
Business District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
NB Neighborhood Business District:
Residences Division.
1. *Second floor apartment dwellings" CSR] [UNCLI.
Municipal Services Division.
2. Public parks, recreation, open space [UNCL] on a
*zoning lot" [SR] containing less than two 123 acres
of land.
Offices Division.
3. "Offices" [ SR ] [ UNCL ] .
Finance, Insurance, and Real Estate Division.
4. "Development sales offices" [SR] [UNCL].
5. Finance, insurance, and real estate [ H ] .
Services Division.
6. Advertising [731].
7. Automotive renting and leasing without drivers
[751].
117
S. Barber shops [7241.
9. Beauty shops 17233.
10. "Bed and breakfast inns" [SR] [7011].
11. Carpet and upholstery cleaning agents without plants
on the premises [7217].
12. Coin operated laundries and dry cleaning 172157.
13. Commercial, economic, sociological, and educational
research [8732].
14. Computer programming, data processing, and other
computer related services [737].
15. Computer rental and leasing [7377].
16. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies [732].
17. Dance studios and schools [791].
18. Detective and guard services 173817.
19. Electrical and electronic repair shops [7629].
20. Engineering, accounting, research, management, and
related services [87].
21. Funeral service [726].
22. Garment pressing, and agents for laundries and dry
cleaners [7212].
23. Home child day care services [SR] [8351].
24. Home health care services [808].
25. Laundry collecting and distributing outlets [7211].
26. Legal services [811].
27. Libraries 18231.
28. Mailing, reproduction, commercial art and
photography, and stenographic services [733].
29. Management and public relations services [874].
30. Medical and dental laboratories [807].
31. Membership organizations [86].
32. Miscellaneous personal services not elsewhere
classified [7299].
33. News syndicates [7383].
34. Noncommercial research organizations 187337.
35. Offices and clinics of dentists [802].
36. Offices and clinics of doctors of medicine [801].
37. Offices and clinics of doctors of osteopathy [803].
38. Offices and clinics of other health practitioners
[8043.
39. Personnel supply services [736].
40. Photofinishing laboratories 173843.
41. Photographic studios, portrait [722].
42. Physical fitness facilities [7991].
43. Professional sports operators and promoters [7941].
44. Radio and television repair shops [7622].
45. Refrigerator and air conditioning service and
repair [7623].
46. Reupholstery and furniture repair [764].
47. Security systems services [7382].
48. Shoe repair shops and shoe shine parlors [7257.
49. Tax return preparation services [7291].
50. Video tape rental [784].
118
51. Watch, clock, and jewelry repair 17633.
Retail Trade Division.
52. Apparel and accessory stores 1563.
53. Building materials, hardware, and garden supply
1523.
54. Carryout restaurants [58123.
55. Catalog and mail order houses [59613.
56. Direct selling establishments [59633.
57. Drug stores and proprietary stores 15913.
58. Eating places [58123.
59. Florists 159923.
60. Food stores 1543.
61. General merchandise stores [533.
62. Home furniture, furnishings, and equipment stores
[573.
63. Liquor stores [5923.
64. Miscellaneous retail stores not elsewhere classified
159993.
65. Miscellaneous shopping goods stores 15943.
66. Hews dealers [59943.
67. Optical goods stores [59953.
68. Tobacco stores 159933.
69. Used merchandise stores 15933.
Agricultural Division.
70. Farm labor and management services [0763.
71. Landscape counseling and planning 107813.
Construction Division.
72. "Contractors office and equipment areas" [SR3
[ UHCL I .
Manufacturing Division.
73. Commercial printing occupying less than five
thousand 15,0001 square feet of gross floor area
127523.
Transportation, Communication, and Utilities Division.
74. "Amateur radio antennas" [SRI 1UHCL3.
75. Arrangement of passenger transportation [4723.
76. Arrangement of transportation of freight and cargo
14731.
77. Branch United States post offices [43113.
78. Bus charter service operators offices [4143.
79. Intercity and rural bus transportation operators
offices 14133.
119
80. Local and suburban passenger transportation
operators offices [4111.
81. "Radio and television antennas" [SRI [UNCL].
82. Railroad operators offices [4011.
83. "Satellite dish antennas" [SRI CUNCLI.
84. School bus operators offices [4153.
85. Taxicab operators offices 14123.
86. Telegraph an other message communications 14821.
87. Telephone communications [4813.
88. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
C UNCL I .
Miscellaneous Uses Division.
89. "Fences and walls" [SRI [UNCL].
90. "Loading facilities" [SR1 [UNCL], exclusively "ac-
cessory" [SRI to a permitted use allowed in the NB
Neighborhood Business District, subject to the
provisions of Chapter 19.47, Off Street Loading.
91. "Outdoor display areas" [SRI [UNCL].
92. "Parking lots" [SRI [UNCL], exclusively as an "ac-
cessory use" [SRI to a permitted use allowed in the
NB neighborhood Business District, subject to the
provisions of Chapter 19.45, Off Street Parking.
93. "Signs" CSR3 [UNCL], subject to the provisions of
Chapter 19.50, Signs.
94. "Refuse collection area" CSR].
95. "Temporary uses" [SRI [UNCL].
96. "Accessory structures" [SRI [UNCL] to the permitted
uses allowed in the NB Neighborhood Business Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
97. "Accessory uses" [SRI [UNCL] to the permitted uses
allowed in the NB Neighborhood Business District,
subject to the provisions of Section 19.10.400,
Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the NB Neighborhood Business District:
Municipal Services Division.
1. "Municipal facilities" [SR1 [UNCL] on a zoning lot
containing less than two 121 acres of land.
Public Administration Division.
2. Public administration [JI on a zoning lot containing
less than two 121 acres of land.
120
Services Division.
3. Child day care services [835].
4. Individual and family social services [832].
5. Job training and vocational rehabilitation services
[833].
6. "Motor vehicle repair shops" [SRI [753].
7. Testing laboratories [8734].
Retail Trade Division.
S. Drinking places [alcoholic beverages] [5813].
9. Drive in restaurants [5812].
10. "Motor vehicle service stations" CSR] [554].
Agricultural Division.
11. Dog grooming 107521.
12. Veterinary services for household pets [0742].
Mining Division.
13. "Temporary mining" [SR] [UNCL].
Transportation, Communication, and Utilities Division.
14. "Other radio and television antennas" [SRI 1UNCL7.
15. "Other satellite dish antennas" [SR] [UNCL].
16. "Railroad tracks 14017.
17. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCL].
Miscellaneous Uses Division.
18. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
19. "Drive through facilities" [SR] [UNCL], subject to
the provisions of Chapter 19.45, Off Street Parking.
20. "Planned developments" [SRI [UNCL] on a zoning lot
containing less than two [2] acres of land,
subject to the provisions of Chapter 19.60, Planned
Developments.
21. "Accessory structures" [SRI [UNCL] to the condition-
al uses allowed in the NB Neighborhood Business Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
22. "Accessory uses" [SRI [UNCL] to the conditional uses
allowed in the NB Neighborhood Business District,
subject to the provisions of Section 19.10.400,
Component Land Uses.
C. Similar Uses. The following enumerated land uses shall
be subject to classification as a permitted use or as a
121
conditional use in the NB Neighborhood Business District
or in a less restrictive zoning district, pursuant to
Section 19.10.400 H. Classification of Land Uses:
Services Division.
1. Amusement and recreational services, not elsewhere
classified [79993.
2. Business services not elsewhere classified [7389].
3. Laundry and garment services not elsewhere
classified [7219].
4. Miscellaneous health and allied services not
elsewhere classified 18093.
5. Miscellaneous personal services not elsewhere
classified [7299].
6. Miscellaneous repair shops and related services
[7693.
7. Services not elsewhere classified [889].
S. Social services not elsewhere classified [8393.
Transportation, Communication, and Utilities Division.
9. Transportation services not elsewhere classified
[4789].
19.35:335 Site Design.
6:
In the NB Neighborhood Business District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the NB zoning
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally. In the NB zoning district,
"zoning lots" [SR3 shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the NB zoning district, the minimum
required "zoning lot area" [SRI shall be twenty
thousand 120,0003 square feet.
C. Lot Width. In the NB zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be one
hundred twenty five [1253 feet.
D. Setbacks - Generally. In the NB zoning district,
"setbacks" [SR3 shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks 8y Lot line. In the NB zoning district, the
minimum required "building" [SRI "setbacks" [SRI and
122
"vehicle use area setbacks" [SR] for a zoning lot shall
be as follows:
1. Building Setbacks.
a. Street Setback. The minimum required building
setback from a "street lot line" [SR] shall be
calculated as follows:
Street setback [StS] in linear feet shall equal the
area of a zoning lot [ZLA] in square feet minus
twenty thousand [20,000] square feet; the differ-
ence times sixty thousand, one hundred fifty three,
billionths [:000060153]; the product plus twenty
five [25] linear feet. Minimum street setback can
be expressed by the following "site capacity form-
ula" [SR7: StS = ((ZLA - 20,000) x .000060153)
+ 25.
b. Interior Setback. The minimum required building
setback from an "interior lot line" [SR] shall be
calculated as follows:
Interior setback [IS] in linear feet shall equal
the area of a zoning lot [ZLA] in square feet minus
twenty thousand [20, 000] square feet; the differ-
ence times forty eight thousand, one hundred twenty
three, billionths [.000048123]; the product plus
five [5] linear feet. Minimum interior setback can
be expressed by the following "site capacity form-
ula" [SR]: IS = ((ZLA - 20,000) x .000048123) + 5.
c. Transition Setback. The minimum required building
setback from a "transition lot line" [SR] shall be
calculated as follows:
Transition setback [TS] in linear feet shall equal
the area of a zoning lot [ZLA] in square feet minus
twenty thousand [20,000] square feet; the differ-
ence times one hundred twenty thousand, three hun-
dred seven,.billionths [.000120307]; the product
plus fifty [50] linear feet. Minimum transition
setback can be expressed by the following "site ca-
pacity formula" [SR]: TS = ((ZLA - 20,000)
x .000120307) + 50.
Additionally, for each one (1) linear foot of
building height over twenty (20) linear feet, two
(2) linear feet shall be added to the minimum
required building setback from a transitional lot
line.
123
2. Vehicle Use Area Setbacks.
a. Street Setback. For zoning lots with a "vehicle
use area" [SRI, the minimum required vehicle use
area setback from a street lot line shall be
calculated as follows:
Vehicle use area street setback [VUAStSI in linear
feet shall equal the area of a zoning lot [ZLAI in
square feet minus twenty thousand [20,000] square
feet; the difference times forty thousand, nine
hundred four, billionths [.000040904]; the product
plus eight [8I linear feet. Minimum vehicle use
area setback can be expressed by the following
"site capacity formula" [SRI: VUAStS = ((ZLA
- 20,000) x .000040904) + S.
b. Interior Setback. For zoning lots with a with a
vehicle use area, the minimum required vehicle use
area setback from an interior lot line shall be six
E63 linear feet.
F. Accessory Structures and Buildings. In the HB zoning
district, "accessory structures and buildings" [SRI shall
be subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
G. Yards - Generally. In the HB zoning district, a "street
yard" [SRI, a "side yard" [SRI, a "rear yard" [SRI, or a
"transition yard" [SRI established by a required building
setback or by the actual location of a building shall be
subject to the provisions of Section 19.12.600, Obstruc-
tions in Yards.
H. Landscape Yards. In the KB zoning district, landscape
yards shall be as follows:
1. Transition Landscape Yards. A "transition landscape
yard" [SRI shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required
transition setback calculated in Section 19.35.335,
E., 1. , c. Transition Setback.
2. Vehicle Use Area Landscape Yards. The yards estab-
lished by vehicle use area setbacks shall be used as
"vehicle use area landscape yards" [SRI with the
exception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way
and Section 19.45.110, Size of Driveways. Vehicle use
area landscape yards shall be subject to the provi-
sions of Section 19.12.700, Landscaping.
124
3. Interior Landscape Yards. "Interior landscape yards"
[SRI shall be installed on a zoning lot featuring a
"vehicle use area" CSR], which exceeds five thousand
(5,000) square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
I. Floor Area. In the NB zoning district, the maximum
"floor area" for a zoning lot shall be calculated as fol-
lows:
Floor area CFA] in square feet shall equal the area of a
zoning lot [ZLAI in square feet minus twenty thousand
[20,0007 square feet; the difference times thirty four
million, seven hundred fifty nine thousand, three hundred
eighty four, one hundred, millionths; the product plus
one thousand, eight hundred [1,8001 square feet. Maximum
floor area can be expressed by the following "site ca-
pacity formula" [SRI: FA = ((ZLA - 20,000) x .34759384)
+ 8, 000) .
J. Building Coverage. In the NB zoning district, the maxi-
mum "building coverage" [SRI for a zoning lot shall be
calculated as follows:
Building coverage [BCI in square feet shall equal the
area of a zoning lot [ZLAI in square feet minus twenty
thousand 120,0001 square feet; the difference times two
hundred, fifty two million, four hundred, six thousand,
one hundred, fifty nine, billionths [.252406159]; the
product plus four thousand [4,000] square feet. Maximum
building coverage can be expressed by the following
"site capacity formula" [SRI: BC = ((ZLA - 20,000)
x .252406159) + 4, 000) .
K. Floor Area for Second Floor Apartment Dwellings. In the
NB zoning district, the gross floor area of a "second
floor apartment " [SRI "dwelling unit" [SRI shall be a
minimum of six hundred 16007 square feet, plus an
additional two hundred fifty 12501 square feet for each
bedroom, except that studio and efficiency units shall be
a minimum of six hundred 16001 square feet.
19.35.340 Off Street Parking.
In the NB Neighborhood Business District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
19.35.345 Off Street Loading.
In the NB Neighborhood Business District, off street
125
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
19.35.350 Signs.
In the NB Neighborhood Business District, signs shall be
subject to the provisions of Chapter 19.50, Signs.
19.35.355 Nonconforming Uses and Structures.
In the NB Neighborhood Business District, noncon-
forming uses and structures shall be subject to the provi-
sions of Chapter 19.52, Nonconforming Uses and Structures.
19.35.360 Amendments.
In the NB Neighborhood Business District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.35.365 Planned Developments.
In the KB Neighborhood Business District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.35.370 Conditional Uses.
In the NB Neighborhood Business District, condition- al
uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.35.375 Variations.
In the NB Neighborhood Business District, variations
shall be subject to the provisions of Chapter 19.70, Varia-
tions
19.35.380 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
126
19.35.400 AB AREA BUSINESS DISTRICT
Sections:
19.35.405 Purpose and Intent.
19.35.410 Supplementary Regulations.
19.35.415 General Provisions.
19.35.420 Zoning Districts - Generally.
19.35.425 Location and Size of District.
19.35.430 Land Use.
19.35.435 Site Design.
19.35.440 Off Street Parking.
19.35.445 Off Street Loading.
19.35.450 Signs.
19.35.455 Nonconforming Uses and Structures.
19.35.460 Amendments.
19.35.465 Planned Developments.
19.35.470 Conditional Uses.
19.35.475 Variations.
19.35.480 Appeals.
19.35.405 Purpose and Intent.
lookThe purpose of the AB Area Business District is to
provide commodities and services to several neighborhoods,
and in some instances to a community wide or regional
supporting population. AB zoning districts are limited by
the applicable site design regulations to an intermediate
scale of development relative to NB Neighborhood Business
Districts and the CCI Center City District.
19.35.410 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the -defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall.not exempt such word or phrase from the
applicable supplementary regulation.
19.35.415 General Provisions.
In the AB Area Business District, the use and develop-
ment of land and structures shall be subject to the general
regulations contained in Chapter 19.05, General Provisions.
127
19.35.420 Zoning Districts - Generally.
In the AB Area Business District, the use and develop-
ment of land and structures shall be subject to the provi-
sions of Chapter 19.07, Zoning Districts
19.35.425 Location and Size of District.
An AB Area Business District zoning should be located in
substantial conformance to the official comprehensive plan
and shall be located on an arterial street at an intersec-
tion with another arterial street or a collector street, or
in other areas deemed unsuitable for other zoning classifi-
cations. The amount of land necessary to constitute a sep-
arate AB zoning district exclusive of rights of way, but in-
cluding adjoining land or land directly opposite a right of
way shall not be less than twenty [201 acres.
19.35.430 Land Use.
In the AB Area Business District, the use and develop-
ment of land and structures shall be subject to the provi-
sions of Chapter 19.10, Land Use. The following enumerated
"land uses" [SRI shall be the only land uses allowed as a
"permitted use" [SRI, a "conditional use" [SRI, or as a
"similar use" [SRI in the AB Area Business District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
AB Area Business District:
Residence• Division.
1. "Second floor apartment dwellings" [SRI [UNCLI.
Municipal Services Division.
2. Public parks, recreation,
zoning lot containing less
land.
Offices Division.
3. "Offices" [SRI [ UNCL I .
open space [UNCLI on a
than two [2I acres of
Finance, Insurance, and Real Estate Division.
4. "Development sales offices" [SRI [UNCLI.
5. Finance, insurance, and real estate [ H I .
128
Services Division.
6. Advertising [7313.
7. Automotive renting and leasing without drivers
17513.
S. Ballroom and dance hall operation 179113.
9. Barber shops [7241.
10. Beauty shops [ 7231.
11. "Bed and breakfast inns" [SRI [7011].
12. Bowling centers 17933.
13. Carpet and upholstery cleaning agents without plants
on the premises 172173.
14. Coin operated laundries and dry cleaning [72153.
15. Commercial, economic, sociological, and educational
research [87323.
16. Computer programming, data processing, and other
computer related services 17373.
17. Computer rental and leasing 173773.
18. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies 17323.
19. Dance studios and schools 17911.
20. Detective and guard services [7381].
21. Electrical and electronic repair shops [7629].
22. Engineering, accounting, research, management, and
related services [877.
23. Funeral service 17263.
24. Garment pressing, and agents for laundries and dry
cleaners 172121.
25. "Home child day care services" [SRI [83511.
26. Home health care services [8083.
27. "Hotels and motels" [SR3 [7013.
28. Job training and vocational rehabilitation services
[833].
29. Laundry collecting and distributing outlets 172113.
30. Libraries 18233.
31. Legal services 18113.
32. Mailing, reproduction, commercial art and
photography, and stenographic services [7333.
33. Management and public relations services 18743.
34. Medical and dental laboratories [8073
35. Membership organizations 1863.
36. Membership sports and recreation clubs 179973.
37. Miscellaneous equipment rental and leasing [7353.
38. Miscellaneous personal services not elsewhere
classified 172993.
39. Motion picture theaters 178321.
40. News syndicates [73833.
41. Noncommercial research organizations 187333.
42. Offices and clinics of dentists 18023.
43. Offices and clinics of doctors of medicine 18013.
44. Offices and clinics of doctors of osteopathy [803].
45. Offices and clinics of other health practitioners
46. Other schools and educational services 18293.
129
47. Personnel supply services 17363.
48. Photographic studios, portrait [722].
49. Photofinishing laboratories [7384].
50. Physical fitness facilities [7991].
51. Professional sports operators and promoters [7941].
52. Radio and television repair shops [7622].
53. Refrigerator and air conditioning service and
repair [7623].
54. Reupholstery and furniture repair [764].
55. Security systems services [7382].
56. Shoe repair shops and shoe shine parlors [725].
57. Tax return preparation services 172917.
58. Testing laboratories [8734].
59. Theatrical producers [792].
60. Video tape rental [784].
61. Vocational schools [824].
62. Watch, clock, and jewelry repair [763].
Retail Trade Division.
63. Apparel and accessory stores [56].
64. Automatic merchandising machine operators [5962].
65. Building materials, hardware, and garden supply
1523.
66. Carryout restaurants [5812].
67. Catalog and mail order houses [5961].
68. Direct selling establishments [5963].
69. Drinking places [alcoholic beverages] [5813].
70. Drug stores and proprietary stores [591).
71. Eating places [5812].
72. Florists 159923.
73. Food stores [543.
74. General merchandise stores [53].
75. Home furniture, furnishings, and equipment stores
[57].
76. Liquor stores 15923.
77. Miscellaneous retail stores not elsewhere classified
[59993.
78. Miscellaneous shopping goods stores [594].
79. Mobile home dealers [52].
80. Motor vehicle dealers [55].
81. News dealers [5994].
82. Optical goods stores [5995].
83. "Outdoor eating and drinking facilities" [SR]
[ UNCL ] .
84. Tobacco stores [5993].
85. Used building materials [5932].
86. Used merchandise stores [593].
Agricultural Division.
87. Dog grooming [07523.
88. Farm labor and management services [076].
89. Landscape counseling and planning [07811.
130
90. Lawn and garden services [0782].
91. Ornamental shrub and tree services [0783].
92. Veterinary services for household pets [07421.
Construction Division.
93. "Contractors office and equipment areas" [SR1
[ UNCL I .
Manufacturing Division.
94. Commercial printing occupying less than five
thousand 15,0001 square feet of gross floor area
[2752].
Transportation, Communication, and Utilities Division.
95. "Amateur radio antennas" [SRI [UNCL].
96. Arrangement of passenger transportation [472].
97. Arrangement of transportation of freight and cargo
[ 4731.
98. Branch United States post offices [4311].
99. Bus charter service operators offices [414].
100. Cable and other pay television services [484].
101. Communication services not elsewhere classified
[4891.
102. Intercity and rural bus transportation operators
offices [4131.
103. Local and suburban passenger transportation
operators offices [4111.
104. "Radio and television antennas" [SRI [UNCL].
105. Radio and television broadcasting stations [4831.
106. Railroad operators offices [4011.
107. "Satellite dish antennas" ISR] [UNCL].
106. School bus operators offices 14151.
109. Taxicab operators offices 14121.
110. Telegraph an other message communications [4821.
111. Telephone communications [4811.
112. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
[UNCLI.
Miscellaneous Uses Division.
113. "Drive through facilities" ISR], subject to the
provisions of Chapter 19.45, Off Street Parking.
114. "Fences and walls" [SRI [UNCL].
115. "Loading facilities [SRI [UNCL], exclusively "ac-
cessory" [SR3- to a permitted use allowed in the AB
Area Business District, subject to the provisions of
Chapter 19.47, Off Street Loading.
116. "Outdoor display areas" [SRI [UNCL].
131
117. "Parking lots" [SRI [UNCL3, exclusively "accessory"
[SRI to a permitted use allowed in the AB Area Busi-
ness District, subject to the provisions of Chapter
19.45, Off Street Parking.
118. "Parking structures" [SRI [UNCL3, exclusively "ac-
cessory" [SRI to a permitted use allowed in the AB
Area Business District, subject to the provisions of
Chapter 19.45, Off Street Parking.
119. "Refuse collection area" [SRI.
120. "Signs" [SRI [UNCL3, subject to the provisions of
Chapter 19.35 Signs.
121. "Temporary uses" [SRI [UNCL3.
122. "Accessory structures" [SRI [UNCL3 to the permitted
uses allowed in the AB Area Business District, sub-
ject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
123. "Accessory uses" [SRI [UNCLI to the permitted uses
allowed in the AB Area Business District, subject to
the provisions of Section 19.10.400, Component Land
Uses.
8. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the AB Area Business District:
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCL3 on a zoning lot
containing less than two [23 acres of land.
Public Administration Division.
2. Public administration [J3 on a zoning lot containing
less than two [23 acres of land.
Services Division.
3. Amusement parks [79963.
4. Arenas, sports fields, and stadiums [UNCL3.
5. "Car washes" [SRI 175423.
6. Child day care services [8353.
7. Coin operated amusement establishments [79933.
S. Drive in motion picture theaters [78333.
9. Individual and family social services 18323.
10. "Motor vehicle repair shops" [SR3 17533.
11. "Motor vehicle top, body, and upholstery repair
shops, and paint shops" [SR3 175323.
12. Organization hotels and lodging houses, on
membership basis 17043.
13. Power laundries [7211.
14. Recreational vehicle parks and campsites [70333.
15. Sporting and recreational camps [70323.
16. Testing laboratories [87343.
132
Retail Trade Division.
17. Drive in restaurants 158121.
18. Motor vehicle service stations 15541.
Agricultural Division.
19. Green houses for floral products [01811, exclusively
"accessory" [SRI to a permitted use allowed in the
AB Area Business District.
20. Dog grooming [ 07521.
21. "Kennels" [SR3 [07521.
22. Veterinary services for household pets 107421.
Mining Division.
23. "Temporary mining" [SR3 1UNCL1.
Wholesale Trade Division.
24. Apparel piece goods and notions [5131.
25. Beer, wine, and distilled alcoholic beverages 15181.
26. Drugs, drug proprietaries, and druggists' sundries
[5123.
27. Electrical goods [5063.
28. Furniture and home furnishings 15021.
29. Groceries and related products [5141.
30. Hardware, and plumbing and heating equipment and
supplies [5071.
31. Lumber and other construction materials [5033.
32. Machinery, equipment, and supplies 15083.
33. Metals and minerals, except petroleum [5053.
34. Motor vehicles and motor vehicle parts and supplies
35. Paper and paper products [5113.
36. Professional and commercial equipment and supplies
[5041.
Transportation, Communication, and Utilities Division.
37. Courier services [42151.
38. Packing and crating [47831.
39. Public warehousing and storage 14223.
40. "Other radio and television antennas" [SR3 [UNCL3.
41. "Other satellite dish antennas" CSR1 [UNCL1.
42. Railroad tracks 14013.
43. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCL3.
44. Water transportation 1441.
Miscellaneous Uses Division.
45. "Commercial operations yards" [SR1 1UNCL3.
133
46. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
47. "Outdoor display lots" [SRI [UNCLI.
48. "Parking lots" [SRI [UNCLI, subject to the
provisions of Chapter 19.45 Off Street Parking.
49. "Parking structures" [SRI [UNCLI, subject to the
provisions of Chapter 19.45 Off Street Parking.
50. "Planned developments" [SRI [UNCLI on a zoning lot
containing less than two 123 acres of land, subject
to the provisions of Chapter 19.55 Planned Develop-
ments.
51. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the AB Area Business District,
subject to the provisions of Section 19.12. 500,
Accessory Structures and Buildings.
52. "Accessory uses" [SRI [UNCLI to the conditional uses
allowed in the AB Area Business District, subject to
the provisions of Section 19.10.400, Component Land
Uses.
C. Similar Uses. The following enumerated land uses shall
be subject to classification as a permitted use or as a
conditional use in the AB Area Business District or in a
less restrictive zoning district, pursuant to Section
19.10.400 H. Classification of Land Uses:
Services Division.
1. Amusement and recreational services, not elsewhere
classified 179993.
2. Automotive services 175493.
3. Business services not elsewhere
4. Laundry and garment services no
classified 172191.
4. Miscellaneous health and allied
elsewhere classified 18093.
5. Miscellaneous personal services
classified [72993.
6. Miscellaneous repair shops and
[7693.
classified [73891.
elsewhere
services not
not elsewhere
related services
7. Services not elsewhere classified [8993.
8. Social services not elsewhere classified [8393.
Wholesale Trade Division.
9. Miscellaneous durable goods [5093.
10. Miscellaneous nondurable goods [5193.
Transportation, Communication, and Utilities Division.
11. Transportation services not elsewhere classified
E47893.
134
19.35.435 Site Design.
In the AB Area Business District, the use and develop-
ment of land and structures shall be subject to the provi-
sions of Chapter 19.12, Site Design. In the AB zoning
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally. In the AB zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the AB zoning district, the minimum re-
quired "zoning lot area" [SRI shall be twenty thousand
[20, 0003 square feet.
C. Lot Width. In the AB zoning district, the minimum
required "lot width" [SRI for a zoning lot shall be one
hundred twenty five [1253 feet.
D. Setbacks - Generally. In the AB zoning district,
"setbacks" [SRI shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the AB zoning district, the
Op', minimum required "building" [SRI "setbacks" [SRI and
"vehicle use area setbacks" [SR3 for a zoning lot shall
be as follows:
1. Building Setbacks.
a. Street Setback. The minimum required building
setback from a "street lot line" [SRI shall be
calculated as follows:
Street setback [StS7 in linear feet shall equal the
area of a zoning lot [ZLA3 in square feet minus
twenty thousand [20,0003 square feet; the differ-
ence times nineteen thousand, four hundred twenty
eight, billionths [.0000194283; the product plus
twenty five [253 linear feet. Minimum street set-
back can be expressed by the following "site capac-
ity formula" [SR3: StS = ((ZLA - 20,000)
x .000019428) * 25.
b. Interior Setback. The minimum required building
setback from an "interior lot line" ISR3 shall be
calculated as follows:
Interior setback [IS] in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
twenty thousand 120,0007 square feet; the differ-
ence times fifteen thousand, five hundred forty
135
two, billionths [.000015542]; the product plus five
[5] linear feet. Minimum interior setback can be
expressed by the following "site capacity formula"
CSR]: IS = ((ZLA - 20,000) x .000015542) + 5.
c. Transition Setback. The minimum required building
setback from a "transition lot line" [SR] shall be
calculated as follows:
Transition setback [TS] in linear feet shall equal
the area of a zoning lot [ZLA7 in square feet minus
twenty thousand [20,000] square feet; the differ-
ence times thirty eight thousand, eight hundred
fifty six, billionths [.000038856]; the product
plus fifty [50] linear feet. Minimum transition,
setback can be expressed by the following "site
capacity formula" [SR]: TS = ((ZLA - 20,000)
x .000038856) + 50.
Additionally, for each one (1) linear foot of
"building height" [SR] over twenty (20) linear
feet, two (2) linear feet shall be added to the
minimum required building setback from a trans-
tional lot line.
2. Vehicle Use Area Setbacks.
a. Street Setback. For zoning lots with a "vehicle
use area" [SRI, the minimum required vehicle use
area setback from a street lot line shall be
calculated as follows:
Vehicle use area street setback [VUAStS] in linear
feet shall equal the area of a zoning lot [ZLA] in
square feet minus twenty thousand [20,000] square
feet; the difference times thirteen, thousand, two
hundred eleven, billionths [.000013211]; the pro-
duct plus eight [8] linear feet. Minimum vehicle
use area setback can be expressed by the following
"site capacity formula" [SR7: VUAStS = ((ZLA
- 20,000) x .000013211) + S.
b. Interior Setback. For zoning lots with a vehicle
use area, the minimum required vehicle use area
setback from an interior lot line shall be six [6]
linear feet.
F. Accessory Structures and Buildings. In the AB zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
G. Yards - Generally. In the AB zoning district, a "street
yard" [SR], a "side yard" [SR], a "rear yard" [SRI, or a
136
19
"transition yard" [SRI established by a required building
setback or by the actual location of a building shall be
subject to the provisions of Section 19.12.600, Obstruc-
tions in Yards.
H. Landscape Yards. In the AB zoning district, landscape
yards shall be as follows:
1. Transition Landscape Yards. A "transition landscape
yard" [SRI shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required
transition setback calculated in Section 19.35.435,
E., 1. , c. Transition Setback.
2. Vehicle Use Area Landscape Yards. The yards estab-
lished by vehicle use area setbacks shall be used as
"vehicle use area landscape yards" [SRI with the ex-
ception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way
and Section 19.45.110, Size of Driveways. Vehicle use
area landscape yards shall be subject to the provi-
sions of Section 19.12.700, Landscaping.
3. Interior Landscape Yards. "Interior landscape yards"
CSR] shall be installed on a zoning lot featuring a
"vehicle use area" [SRI, which exceeds five thousand
(5,000) square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
I. Floor Area. In the AB zoning district, the maximum
"floor area" [SRI for a zoning lot shall be calculated as
follows:
Floor area [FAI in square feet shall equal the area of a
zoning lot [ZLAI in square feet minus twenty thousand
[20,0007 square feet; the difference times three hundred
forty nine million, two hundred twenty two thousand,
eight hundred seventy eight, billionths [.3492228787; the
product plus one thousand, eight hundred [1,800] square
feet. Maximum floor area can be expressed by the follow-
ing "site capacity formula" [SR7: FA = ((ZLA - 20,000)
x .349222878) + 8, 000) .
J. Building Coverage. In the AB zoning district, the
maximum "building coverage" [SRI for a zoning lot shall
be calculated as follows:
Building coverage [BCI in square feet shall equal the
area of a zoning lot [ZLAI in square feet minus twenty
thousand [20,000] square feet; the difference times two
hundred forty six m7illion, nine hundred thirty nine
137
thousand, eighty seven, billionths [.246939087]; the
product plus four thousand 14,0001 square feet. Maximum
building coverage can be expressed by the following
"site capacity formula" [SR]: BC = ((ZLA - 20,000)
x .246939087) + 4, 000) .
K. Floor Area for Second Floor Apartment Dwellings. In the
AB zoning district, the gross floor area of a "second
floor apartment" [SR] "dwelling unit" [SR] shall be a
minimum of six hundred [600] square feet, plus an
additional two hundred fifty 12507 square feet for each
bedroom, except that studio and efficiency units shall be
a minimum of six hundred [600] square feet.
19.35.440 Off Street Parking.
In the AB Area Business District, off street parking
shall be subject to the provisions of Chapter 19.45, Off
Street Parking.
19.35.445 Off Street Loading.
In the AB Area Business District, off street loading
shall be subject to the provisions of Chapter 19.47, Off
Street Loading.
19.35.450 Signs.
In the AB Area Business District, signs shall be subject
.to the provisions of Chapter 19.50, Signs. .
19.35.455 Nonconforming Uses and Structures.
In the AB Area Business District, nonconforming uses and
structures shall be subject to the provisions of Chapter
19.52, Nonconforming Uses and Structures.
19.35.460 Amendments.
In the AB Area Business District, text -and map amend-
ments shall be subject to the provisions of Chapter 19.55,
Amendments.
19.35.465 Planned Developments.
In the AB Area Business District, planned developments 01
shall be subject to the provisions of Chapter 19.60, Planned
Developments.
138
19.35.470 Conditional Uses.
In the AB Area Business District, conditional uses shall
be subject to the provisions of Chapter 19.65, Conditional
Uses.
19.35.475 Variations.
In the AB Area Business District, variations shall be
subject to the provisions of Chapter 19.70, Variations
19.35.480 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
139
19.35.500 CCI CENTER CITY DISTRICT
Sections:
19.35.505 Purpose and Intent.
19.35.510 Supplementary Regulations.
19.35.515 General Provisions.
19.35.520 Zoning Districts - Generally.
19.35.525 Location and Size of District.
19.35.530 Land Use.
19.35.535 Site Design.
19.35.540 Off Street Parking.
19.35.545 Off Street Loading.
19.35.550 Signs.
19.35.555 Nonconforming Uses and Structures.
19.35.560 Amendments.
19.35.565 Planned Developments.
19.35.570 Conditional Uses.
19.35.575 Variations.
19.35.580 Appeals.
19.35.505 Purpose and Intent.
The purpose of the CC1 Center City District is to fa-
cilitate the implementation of the official comprehensive
plan for the center city, as focused on a distinctive sub-
area of the city with a common urban fabric. The CC1 zoning
district features more permissive site design regulations
than the CC2 Center City District, but land use regulations
that are more restrictive.
19.35.510 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase.from the
applicable supplementary regulation.
19.35.515 General Provisions.
In the CCI Center City District, the use and development
of land and structures shall be subject to the general reg-
ulations contained in Chapter 19.05, General Provisions.
140
19.35.520 Zoning Districts - Generally.
In the CCI Center City District, the use and development
of land and structures shall be subject to the provisions of
Chapter 19.07, Zoning Districts.
19.35.525 Location and Size of District.
The CC1 Center City District should be located in con-
formance to the official comprehensive plan for the center
city. No additional CC1 zoning district shall be mapped
subsequent to the effective date of this title, unless such
property to be mapped adjoins an existing CCI zoning dis-
trict. There shall be no maximum or minimum area of land,
which shall be necessary to constitute the CC1 Center City
District.
19.35.530 Land Use.
In the CC1 Center City District, the use and develop-
ment of land and structures shall be subject to the provi-
sions of Chapter 19.10, Land Use. The following enumerated
e"land uses" [SRI shall be the only land uses allowed as a
"permitted use" [SRI, a "conditional use" [SRI, or as a
"similar use" [SRI in the CCI Center City District .
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
CC1 Center City District :
Residences Division.
1. "Second floor apartment dwellings" [SRI [UNCLI.
Municipal Services Division.
2. Public parks, recreation, open space [UNCLI on a
zoning lot containing less than two [21 acres of
land.
Offices Division.
3. "Offices" [SRI [ UNCL l .
Finance, Insurance, and Real Estate Division.
4. Finance, insurance, and real estate [H1.
101*1
Services Division.
5. Advertising [7311.
6. Ballroom and dance hall operation 179111.
141
7. Barber shops [7243.
S. Beauty shops 17233.
9. Bowling centers [7937.
10 Coin operated laundries and dry cleaning [7215].
11. Commercial, economic, sociological, and educational
research [8732].
12. Computer programming, data processing, and other
computer related services [7371.
13. Computer rental and leasing [73771.
14. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies [732].
15. Dance studios and schools [791].
16. Detective and guard services 173811.
17. Electrical and electronic repair shops 176291.
18. Engineering, accounting, research, management, and
related services 1871.
19. Garment pressing, and agents for laundries and dry
cleaners 172121.
20. Home child day care services [SR1 [8351].
21. Home health care services [808].
22. "Hotels and motels" [SRI [7017.
23. Job training and vocational rehabilitation services
[833].
24. Laundry collecting and distributing outlets 172117.
25. Libraries 18233.
26. Legal services [8117.
27. Mailing, reproduction, commercial art and
photography, and stenographic services [733].
28. Management and public relations services [874].
29. Medical and dental laboratories [807]
30. Membership organizations [867.
31. Membership sports and recreation clubs [7997].
32. Miscellaneous personal services not elsewhere
classified 172991.
33. Motion picture theaters [7832].
34. News syndicates 173831.
35. Noncommercial research organizations [87331.
36. Offices and clinics of dentists [802].
37. Offices and clinics of doctors of medicine 18011.
38. Offices and clinics of doctors of osteopathy [803].
39. Offices and clinics of other health practitioners
40. Other schools and educational services [829].
41. Personnel supply services [736].
42. Photographic studios, portrait 17221.
43. Photofinishing laboratories [73841.
44. Physical fitness facilities [79911.
45. Professional sports operators and promoters 179411.
46. Radio and television repair shops 176221.
47. Security systems services 173821.
48. Shoe repair shops and shoe shine parlors 17251.
49. Tax return preparation services [7291.
50. Theatrical producers 17921.
51. Video tape rental 17841.
142
52. Vocational schools [824].
53. Watch, clock, and jewelry repair [763].
Retail Trade Division.
54. Apparel and accessory stores [563.
55. Automatic merchandising machine operators [5962].
56. Building materials, hardware, and garden supply
1523.
57. Carryout restaurants [5612].
58. Catalog and mail order houses [5961].
59. Direct selling establishments [5963].
60. Drinking places [alcoholic beverages] [5813].
61. Drug stores and proprietary stores [591].
62. Eating places [5812].
63. Florists [59923.
64. Food stores [543.
65. General merchandise stores [53].
66. Home furniture, furnishings, and equipment stores
[573.
67. Liquor stores [592].
68. Miscellaneous retail stores not elsewhere classified
159993.
69. Miscellaneous shopping goods stores [594].
70. News dealers [5994].
71. Optical goods stores [5995].
72. Outdoor eating and drinking facilities [SR3 [UNCL3.
73. Tobacco stores [5993].
74. Used merchandise stores [593].
Agricultural Division.
75. Farm labor and management services [076].
76. Landscape counseling and planning [0781].
Construction Division.
77. "Contractors office and equipment areas" [SR]
[ UNCL ] .
Manufacturing Division.
78. Commercial printing occupying less than five
thousand [5,000] square feet of gross floor area
127523.
Transportation, Communication, and Utilities Division.
79. Arrangement of passenger transportation [472].
80. Arrangement of transportation of freight and cargo
,.,
14733.
81. Branch United States post offices [4311].
82. Bus charter service operator's offices [414].
83. Cable and other pay television services [484].
143
84. Communication services not elsewhere classified
[489].
85. Intercity and rural bus transportation operator's
offices [413].
86. Local and suburban passenger transportation
operator's offices [411].
87. "Radio and television antennas" [SR] 1UNCL7.
88. Radio and television broadcasting stations [483].
89. Railroad operator's offices [401].
90. "Satellite dish antennas" [SR7 1UNCL7.
91.. School bus operator's offices [415].
92. Taxicab operator's offices [4121.
93. Telegraph an other message communications [482].
94. Telephone communications [481].
95. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR]
[UNCL7.
Miscellaneous Uses Division.
96. "Fences and walls" [SR] 1UNCL7.
97. "Loading facilities [SR] [UNCL7, exclusively "ac-
cessory" [SR] to a permitted use allowed in the CCI
Center City District, subject to the provisions of
Chapter 19.47, Off Street Loading.
98. "Parking lots" [SR] [UNCL7, exclusively "accessory"
[SR] to a permitted use allowed in the CC1 Center
City District, subject to the provisions of Chapter
19.45, Off Street Parking.
99. "Parking structures" [SR7 [UNCL7, exclusively "ac-
cessory" [SR] to a permitted use in the CCI Center
City District, subject to the provisions of Chapter
19.45, Off Street Parking.
100. "Refuse collection area" [SR].
101. "Signs" [SR] [UNCL7, subject to the provisions of
Chapter 19.50, Signs.
102. "Temporary uses" [SR3 1UNCL7.
103. "Accessory structures" [SR] CUNCL] to the permitted
uses allowed in the CCI Center City District, sub-
ject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
104. "Accessory uses" [SR] 1UNCL7 to the permitted uses
allowed in the CCI Center City District, subject to
the provisions of Section 19.10.400, Component Land
Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the CCI Center"City District:
144
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI on a zoning lot
containing less than two 123 acres of land.
Public Administration Division.
2. Public administration [J3 on a zoning lot containing
less than two [21 acres of land.
Services Division.
3. Child day care services 18357.
4. Churches, convents, monasteries, and temples [8661].
5. Colleges, universities, professional schools, and
Junior colleges [8221.
6. Coin operated amusement establishments 179931.
7. Individual and family social services [8323.
8. Organization hotels and lodging houses, on
membership basis [7041.
9. Testing laboratories [87341.
Wholesale Trade Division.
10. Apparel piece goods and notions 15131.
11. Beer, wine, and distilled alcoholic beverages [518].
12. Drugs, drug proprietaries, and druggists' sundries
[5123.
13. Electrical goods 15061.
14. Furniture and home furnishings [5023.
15. Groceries and related products [5143.
16. Hardware, and plumbing and heating equipment and
supplies 15073.
17. Lumber and other construction materials 15031.
18. Machinery, equipment, and supplies [508].
19. Metals and minerals, except petroleum 15051.
20. Motor vehicles and motor vehicle parts and supplies
21. Paper and paper products [5113.
22. Professional and commercial equipment and supplies
15043.
Transportation, Communication, and Utilities Division.
23. Courier services 142153.
24. Packing and crating 147833.
25. Public warehousing and storage [4223.
26. "Other radio and television antennas" [SRI [UNCL3.
27. "Other satellite dish antennas" [SRI 1UNCL3.
28. Railroad tracks [4013.
29. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCL3.
30. Water transportation 1443.
145
Miscellaneous Uses Division.
31. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
32. "Drive through facilities" [SRI [UNCLI, subject to
the provisions of Chapter 19.45, Off Street Parking.
33. "Outdoor display areas" [SRI 1UNCL7.
34. "Parking lots" [SRI 1UNCL7, subject to the
provisions of Chapter 19.45, Off Street Parking.
35. "Parking structures" [SRI [UNCL7, subject to the
provisions of Chapter 19.45, Off Street Parking..
36. "Planned developments" [SRI [UNCLI on a zoning lot
containing less than two 121 acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
37. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the CCI Center City District,
subject to the provisions of Section 19.12.500, Ac-
cessory Structures and Buildings.
38. "Accessory uses" [SRI [UNCLI to the conditional uses
allowed in the CCI Center City District, subject to
the provisions of Section 19.10.400, Component Land
Uses.
C. Similar Uses. The following enumerated land uses shall
be subject to classification as a permitted use or as a
conditional use in the CC1 Center City District or in a
less restrictive zoning district, pursuant to Section
19.10.400 H. Classification of Land Uses:
Services Division.
1. Amusement and recreational services, not elsewhere
classified [79991.
2. Automotive services [7549].
3. Business services not elsewhere classified 173891.
4. Laundry and garment services not elsewhere
classified [72191.
4. Miscellaneous health and allied services not
elsewhere classified [8091.
5. Miscellaneous personal services not elsewhere
classified 172991.
6. Miscellaneous repair shops and related services
[7691.
7. Services not elsewhere classified [8991.
S. Social services not elsewhere classified [8391.
Wholesale Trade Division.
9. Miscellaneous durable goods [5091.
10. Miscellaneous nondurable goods [5191.
146
Transportation, Communication, and Utilities Division.
11. Transportation services not elsewhere classified
[4789).
19.35.535 Site Design.
In the CC1 Center City District, the use and development
of land and structures shall be subject to the provisions of
Chapter 19.12, Site Design. In the CCI zoning district, the
site design regulations shall be as follows:
A. Zoning Lots - Generally. In the CC1 zoning district,
"zoning lots" [SR) shall be subject to the provisions of
Section 19.20.210, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the CCI zoning district, no minimum
"zoning lot area" [SR) shall be required.
C. Lot Width. In the CC1 zoning district, no minimum
"lot width" [SR) for a zoning lot shall be required.
D. Setbacks - Generally. In the CC1 zoning district, no
building "setbacks" [SR) shall be required. However, if
a building setback from an "interior lot line" [SR) is
provided, the setback shall be a minimum of five (5)
linear feet.
E. Vehicle Use Area Setbacks. In the CC1 zoning district,
"vehicle use area setbacks" [SR) shall be as follows.
1. Street Setback. For zoning lots with a "vehicle use
area" [SR), the minimum required vehicle use area
setback from a "street lot line" [SR) shall be eight
(8 ) linear feet.
2. Interior Setback. For zoning lots with a with a
vehicle use area, the minimum required vehicle use
area setback from an "interior lot line" [SR) shall
be six [6) linear feet.
F. Yards - Generally. In the CC1 zoning district, no
"street yard" [SR), "side yard" [SR), "rear yard" [SR),
or "transition yard" [SR) shall be required.
G. Transition Landscape Yards. In the CC1 zoning district,
no "transition landscape yards" [SR) shall be required.
H. Vehicle Use Area Landscape Yards. The yards established
by vehicle use area setbacks shall be used as "vehicle
use area landscape yards" [SR) with the exception of
access driveways as provided in Section 19.45.100, Access
147
Driveways to a Public Right of Way and Section 19.45.110,
Size of Driveways. Vehicle use area landscape yards
shall be subject to the provisions of Section 19.12.700,
Landscaping.
I. Interior Landscape Yards. "Interior landscape yards"
[SRI shall be installed on a zoning lot featuring a "ve-
hicle use area" [SR7, which exceeds five thousand (5,000)
square feet in area, subject to the provisions of Section
19.12.700, Landscaping.
J. Floor Area. In the CCI zoning district, the maximum
"floor area" [SRI for a zoning lot shall be five hundred
(500) percent of the zoning lot area.
K. Building Coverage. In the CCI zoning district, the
maximum "building coverage" [SRI for a zoning lot shall
be one hundred (100) percent of the zoning lot area.
L. Floor Area for Second Floor Apartment Dwellings. In the
CC1 zoning district, the gross floor area of a second
floor apartment dwelling unit shall be a minimum of six
hundred [6003 square feet, plus an additional two hundred
fifty [2503 square feet for each bedroom, except that
studio and efficiency units shall be a minimum of six
hundred [6003 square feet.
19.35.540 Off Street Parking.
In the CC1 Center City District, no off street parking
shall be required. Off street parking which is provided
shall be subject to the applicable provisions of Chapter
19.45, Off Street Parking.
19.35.545 Off Street Loading.
In the CC1 Center City District, off street loading
shall be subject to the provisions of Chapter 19.47, Off
Street Loading.
19.35.550 Signs.
In the CC1 Center City District, signs shall be subject
to the provisions of Chapter 19.50, Signs.
19.35.560 Nonconforming Uses and Structures.
In the CC1 Center City District, nonconforming uses and 01
structures shall be subject to the provisions of Chapter
19.52, Nonconforming Uses and Structures.
148
19.35.560 Amendments.
In the CCI Center City District, text and map amendments
shall be subject to the provisions of Chapter 19.55, Amend-
ments.
19.35.565 Planned Developments.
In the CCI Center City District, planned developments
shall be subject to the provisions of Chapter 19.60, Planned
Developments.
19.35.570 Conditional Uses.
In the CC1 Center City District, conditional uses shall
be subject to the provisions of Chapter 19.65, Conditional
Uses.
19.35.575 Variations.
In the CCI Center City District, variations shall be
subject to the provisions of Chapter 19.70, Varia- tions
19.35.580 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.35. 700
Subsections:
19.35. 705
19.35. 710
19.35. 715
19.35. 720
19.35. 725
19.35. 730
19.35. 735
19.35. 740
19.35. 745
19.35. 750
19.35. 755
19.35. 760
19.35. 765
CC2 CENTER CITY DISTRICT
Purpose and Intent.
Supplementary Regulations.
General Provisions.
Zoning Districts - Generally.
Location and Size of District.
Land Use.
Site Design.
Off Street Parking.
Off Street Loading.
Signs.
Nonconforming Uses and Structures.
Amendments.
Planned Developments.
149
19.35.770 Conditional Uses.
19.35.775 Variations.
19.35.780 Appeals.
19.35.705 Purpose and Intent.
The purpose of the CC2 Center City District is to fa-
cilitate the implementation of the official comprehensive
plan for the center city, as focused on a distinctive sub-
area of the city with a common urban fabric.
19.35.710 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.35.715 General Provisions.
In the CC2 Center City District, the use and development
of land and structures shall be subject to the provisions of
Chapter 19.05, General Provisions.
19.35.720 Zoning Districts - Generally.
In the CC2 Center City District, the use and development
of land and structures shall be subject to the provisions of
,Chapter 19.07, Zoning Districts.
19.35.725 Location and Size of District.
The CC2 Center City District should be located in con-
formance to the official comprehensive plan for the center
city. No additional CC2 zoning district shall be mapped
subsequent to the effective date of this title, unless such
property to be mapped adjoins an existing CC2 zoning dis-
trict. There shall be no maximum or minimum area of land,
which shall be necessary to constitute the CCI Center City
District.
19.35.730 Land Use.
In the CC2 Center City District, the use and develop-
ment of land and structures shall be subject to the provi-
sions of Chapter 19.10, Land Use. The following enumerated
150
"land uses" [SRI shall be the only land uses allowed as a
"permitted use" [SRI, a "conditional use" [SRI, or as a
"similar land use" [SRI in the CC2 Center City District .
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
CCI Center City District :
Residences Division.
1. "Second floor apartment dwellings" [SRI [UNCLI.
Municipal Services Division.
2. Public parks, recreation, open space [UNCLI on a
zoning lot containing less than two [2I acres of
land.
Offices Division.
3. "Offices" [SRI [UNCLI.
Finance, Insurance, and Real Estate Division.
4. *Development sales offices" [SRI [UNCLI.
5. Finance, insurance, and real estate [HI.
Services Division.
6. Advertising 17311.
7. Ballroom and dance hall operation 179111.
S. Barber shops 17243.
9. Beauty shops 17233.
10. "Bed and breakfast inns" [SRI [7011].
11. Bowling centers 17933.
12. Carpet and upholstery cleaning agents without plants
on the premises [7217].
13. Coin operated laundries and dry cleaning [7215].
14. Commercial, economic, sociological, and educational
research [8732].
15. Computer programming, data processing, and other
computer related services [7371.
16. Computer rental and leasing [73771.
17. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies 17321.
18. Dance studios and schools 17911.
19. Detective and guard services [73811.
20. Electrical and electronic repair shops [76291.
21. Engineering, accounting, research, management, and
related services 1871.
22. Funeral service [7261.
23. Garment pressing, and agents for laundries and dry
cleaners [72121.
151
24. "Home child day care services" [SR] [8351].
25. Home health care services [8081.
26. "Hotels and motels" [SR] [701].
27. Job training and vocational rehabilitation services
t8331.
28. Laundry collecting and distributing outlets 172111.
29. Libraries [8233.
30. Legal services 18113.
31. Mailing, reproduction, commercial art and
photography, and stenographic services [7331.
32. Management and public relations services [874].
33. Medical and dental laboratories [807]
34. Membership organizations [86].
35. Membership sports and recreation clubs [7997].
36. Miscellaneous equipment rental and leasing [735].
37. Miscellaneous personal services not elsewhere
classified [7299].
38. Motion picture theaters 178321.
39. Hews syndicates [7383].
40. Noncommercial research organizations 187331.
41. Offices and clinics of dentists [802].
42. Offices and clinics of doctors of medicine [801].
43. Offices and clinics of doctors of osteopathy [803].
44. Offices and clinics of other health practitioners
45. Other schools and educational services [829].
46. Personnel supply services 17361.
47. Photographic studios, portrait [722].
48. Photofinishing laboratories [7384].
49. Physical fitness facilities 179917.
50. Professional sports operators and promoters [7941].
51. Radio and television repair shops [7622].
52. Security systems services [7382].
53. Shoe repair shops and shoe shine parlors [725].
54. Tax return preparation services [7291].
55. Testing laboratories [8734].
56. Theatrical producers [7921.
57. Video tape rental [784].
58. Vocational schools [824].
59. Watch, clock, and jewelry repair [763].
Retail Trade Division.
60. Apparel and accessory stores [56].
61. Automatic merchandising machine operators [59627.
62. Building materials, hardware, and garden supply
[521.
63. Carryout restaurants [5812].
64. Catalog and mail order houses [5961].
65. Direct selling establishments [5963].
66. Drinking places [alcoholic beverages] 158137.
67. Drug stores and proprietary stores [591].
68. Eating places [5812].
69. Florists 159923.
70. Food stores 1543.
152
71. General merchandise stores 1531.
72. Home furniture, furnishings, and equipment stores
[571.
73. Liquor stores 15921.
74. Miscellaneous retail stores not elsewhere classified
[ 59991.
75. Miscellaneous shopping goods stores [5941.
76. Motor vehicle dealers [551.
77. News dealers [59941.
78. Optical goods stores [59951.
79. Tobacco stores [59931.
80. Used merchandise stores [5931.
Agricultural Division.
81. Farm labor and management services [0761.
82. Landscape counseling and planning [07811.
Construction Division.
83. "Contractors office and equipment areas" [SRI
[UNCL 1.
Manufacturing Division.
84. Commercial printing occupying less than five
thousand 15,0001 square feet of gross floor area
127523.
Transportation, Communication, and Utilities Division.
85. "Amateur radio antennas" [SRI [UNCL].
86. Arrangement of passenger transportation 14721.
87. Arrangement of transportation of freight and cargo
J4731.
88. Branch United States post offices [43111.
89. Bus charter service operators offices 14141.
90. Cable and other pay television services [4841.
91. Communication services not elsewhere classified
[4891.
92. Intercity and rural bus transportation operators
offices [4131.
93. Local and suburban passenger transportation
operators offices [4111.
94. "Radio and television antennas" [SRI [UNCL].
95. Radio and television, broadcasting stations [4831.
96. Railroad operators offices [4011.
97. "Satellite dish antennas" [SRI [UNCL].
98. School bus operators offices [4151.
99. Taxicab operators offices [4121.
100. Telegraph an other message communications [4821.
101. Telephone communications [4811.
153
102. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SRI
[UNCLI.
Miscellaneous Uses Division.
103. "Fences and walls" [SRI [UNCLI.
104. "Loading facilities [SRI 1UNCL7, exclusively "ac-
cessory" [SRI to a permitted use allowed in the CC2
Center City District, subject to the provisions of
Chapter 19.47, Off Street Loading.
105. "Parking lots" [SRI [UNCLI, exclusively "accessory"
[SRI to a permitted use in the CC2 Center City Dis-
trict, subject to the provisions of Chapter 19.45,
Off Street Parking.
106. "Parking structures" [SRI [UNCLI, exclusively "ac-
cessory" [SRI to a permitted use in the CC2 Center
City District, subject to the provisions of Chapter
19.45, Off Street Parking.
107. "Drive through facilities" [SRI, subject to the
provisions of Chapter 19.45, Off Street Parking.
106. "Refuse collection area" [SRI.
109. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
110. Temporary uses [SRI [UNCLI.
111. "Accessory structures" [SRI [UNCLI to the permitted
uses allowed in the CC2 Center City District, sub-
ject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
112. "Accessory uses" [SRI [UNCLI to the permitted uses
allowed in the CC2 Center City District, subject to
the provisions of Section 19.10.400, Component Land
Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the CC2 Center City District:
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI on a zoning lot
containing less than two [2I acres of land.
Public Administration Division.
2. Public administration [JI on a zoning lot containing
less than two 12I acres of land.
Services Division.
3. Amusement parks [7996].
4. Arenas, sports fields, and stadiums [UNCLI.
154
5. Automotive renting and leasing without drivers
[751].
6. "Car washes" [SRI 175421.
7. Child day care services 18353.
S. Churches, convents, monasteries, and temples [86613.
9. Colleges, universities, professional schools, and
Junior colleges 18223.
10. Coin operated amusement establishments [79933.
11. Individual and family social services [8321.
12. "Motor vehicle repair shops" [SRI [7533.
13. "Motor vehicle top, body, and upholstery repair
shops, and paint shops" [SRI [75323.
14. Organization hotels and lodging houses, on
membership basis 17043.
15. Power laundries [7211.
16. Refrigerator and air conditioning service and
repair [76233.
17. Reupholstery and furniture repair [7643.
18. Sporting and recreational camps [7032].
19. Testing laboratories [87343.
Retail Trade Division.
20. Drive in restaurants 158121.
21. "Motor vehicle service stations" [SRI [5541.
folk 22. "Outdoor eating and drinking facilities" [SRI
[ UNCL I .
Agricultural Division.
23. Dog grooming [07523.
24. "Kennels" [SRI [07523.
25. Lawn and garden services [07823.
26. Ornamental shrub and tree services [07833.
27. Veterinary services for household pets [07423.
Wholesale Trade Division.
28. Apparel piece goods and notions [5133.
29. Beer, wine, and distilled alcoholic beverages [5183.
30. Drugs, drug proprietaries, and druggists' sundries
[5123.
31. Electrical goods [5063.
32. Furniture and home furnishings [5021.
33. Groceries and related products [5143.
34. Hardware, and plumbing and heating equipment and
supplies [5073.
35. Lumber and other construction materials [5033.
36. Machinery, equipment, and supplies [5083.
37. Metals and minerals, except petroleum 15053.
38. Motor vehicles and motor vehicle parts and supplies
39. Paper and paper products 15111.
40. Professional and commercial equipment and supplies
15043.
155
Transportation, Communication, and Utilities Division.
41. Courier services 142151.
42. Packing and crating 147833.
43. Public warehousing and storage 14223.
44. "Other radio and television antennas" [SRI [UNCLI.
45. "Other satellite dish antennas" [SRI [UNCLI.
46. Railroad tracks 1401].
47. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCLI.
48. Water transportation 1443.
Miscellaneous Uses Division.
49. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
50. "Outdoor display areas" [SRI [UNCLI.
51. "Parking lots" [SRI [UNCLI, subject to the
provisions of Chapter 19.45, Off Street Parking.
52. "Parking structures" [SRI [UNCLI, subject to the
provisions of Chapter 19.45, Off Street Parking.
53. "Planned developments" [SRI [UNCLI on a zoning lot
containing less than two 12I acres of land, subject
to the provisions of Chapter 19.55 Planned
Developments.
54. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the CC2 Center City District,
subject to the provisions of Section 19.12.500, Ac-
cessory Structures and Buildings.
55. "Accessory uses" [SRI [UNCLI to the conditional uses
allowed in the CC2 Center City District, subject to
the provisions of Section 19.10.400, Component Land
Uses.
C. Similar Uses. The following enumerated land uses shall
be subject to classification as a permitted use or as a
conditional use in the CC2 Center City District or in a
less restrictive zoning district, pursuant to Section
19.10.400 H. Classification of Land Uses:
Services Division.
1.
2.
3.
4.
4.
5.
Amusement and recreational services, not elsewhere
classified 179993.
Automotive services [75493.
Business services not elsewhere
Laundry and garment services not
classified 17.2193.
Miscellaneous health and allied
elsewhere classified [8093.
Miscellaneous personal services
classified [72993.
156
classified [73893.
elsewhere
services not
not elsewhere
6. Miscellaneous repair shops and related services
[769].
7. Services not elsewhere classified [899].
S. Social services not elsewhere classified [839].
Wholesale Trade Division.
9. Miscellaneous durable goods [509].
10. Miscellaneous nondurable goods [519].
Transportation, Communication, and Utilities Division.
11. Transportation services not elsewhere classified
[4789].
19.35.735 Site Design.
In the CC2 Center City District, the use and develop-
ment of land and structures shall be subject to the provi-
sions of Chapter 19.12, Site Design. In the CC2 zoning
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally. In the CC2 zoning district,
"zoning lots" [SR] shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the CC2 zoning district, the minimum re-
quired "zoning lot area" [SR] shall be twenty thousand
120,0001 square feet.
C. Lot Width. In the CC2 zoning district, the minimum
required "lot width" [SR] for a zoning lot shall be one
hundred twenty five [125] feet.
D. Setbacks - Generally. In the CC2 zoning district,
"setbacks" [SR] shall be subject to the provisions of
Section 19.12.400, Setbacks - Clarifications and
Exceptions.
E. Setbacks By Lot Line. In the CC2 zoning district, the
minimum required "building" [SR] "setbacks" [SR] and
"vehicle use area setbacks" [SR] for a zoning lot shall
be as follows:
1. Building Setbacks.
a. Street Setback. The minimum required building
setback from a "street lot line" [SR] shall be
calculated as follows:
Street setback [StS] in linear feet shall equal the
area of a zoning lot [ZLA] in square feet minus
157
twenty thousand [20,000] square feet; the differ-
ence times nineteen thousand, four hundred twenty
eight, billionths [.0000194287; the product plus
twenty five [253 linear feet. Minimum street set-
back can be expressed by the following "site capac-
ity formula" [SRI: StS = ((ZLA - 20,000)
x .000019428) + 25.
b. Interior Setback. The minimum required building
setback from an "interior lot line" [SRI shall be
calculated as follows:
Interior setback [IS] in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
twenty thousand [20,0003 square feet; the differ-
ence times fifteen thousand, five hundred forty
two, billionths [.000015542]; the product plus five
[5I linear feet. Minimum interior setback can be
expressed by the following "site capacity formula"
[SRI: IS = ((ZLA - 20,000) x .000015542) + 5.
c. Transition Setback. The minimum required building
setback from a "transition lot line" [SRI shall be
calculated as follows:
Transition setback [TSI in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
twenty thousand [20,000] square feet; the differ-
ence times thirty eight thousand, eight hundred
fifty six, billionths 1.0000388563; the product
plus fifty [503 linear feet. Minimum transition
setback can be expressed by the following "site
capacity formula" [SRI: TS = ((ZLA - 20,000)
x .000038856) + 50.
Additionally, for each one (1) linear foot of
"building height" [SRI over twenty (20) linear
feet, two (2) linear feet shall be added to the
minimum required building setback from a trans-
tional lot line.
2. Vehicle Use Area Setbacks.
a. Street Setback. For zoning lots with a "vehicle
use area" [SRI, the minimum required vehicle use
area setback from a street lot line shall be
calculated as follows:
Vehicle use area street setback [VUAStS3 in linear
feet shall equal the area of a zoning lot [ZLA) in
square feet minus twenty thousand 120,0003 square
feet; the difference times thirteen thousand, two
hundred eleven, billionths 1.0000132113; the pro-
duct plus eight 183 linear feet. Minimum vehicle
158
use area setback can be expressed by the following
"site capacity formula" [SR7: VUAStS = ((ZLA
- 20,000) x .000013211) + S.
b. Interior Setback. For zoning lots with a vehicle
use area, the minimum required vehicle use area
setback from an interior lot line shall be six [6]
linear feet.
F. Accessory Structures and Buildings. In the CC2 zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
G. Yards - Generally. In the CC2 zoning district, a "street
yard" [SR], a "side yard" [SRI, a "rear yard" [SRI, or a
"transition yard" [SR] established by a required building
setback or by the actual location of a building shall be
subject to the provisions of Section 19.12.600, Obstruc-
tions in Yards.
H. Landscape Yards. In the CC2 zoning district, landscape
yards shall be as follows:
1. Transition Landscape Yards. A "transition landscape
yard" [SR] shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required
transition setback calculated in Section 19.35.735,
E., 1. , c. Transition Setback.
2. Vehicle Use Area Landscape Yards. The yards estab-
lished by vehicle use area setbacks shall be used as
"vehicle use area landscape yards" [SR] with the ex-
ception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way
and Section 19.45.110, Size of Driveways. Vehicle use
area landscape yards shall be subject to the provi-
sions of Section 19.12.700, Landscaping.
3. Interior Landscape Yards. "Interior landscape yards"
[SR] shall be installed on a zoning lot featuring a
"vehicle use area" [SRI, which exceeds five thousand
(5,000) square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
I. Floor Area. In the CC2 zoning district, the maximum
"floor area" [SR] for a zoning lot shall be calculated as
follows:
Floor area [FAJ in square feet shall equal the area of a
zoning lot [ZLA] in square feet minus twenty thousand
159
[20,0007 square feet; the difference times three hundred
forty nine million, two hundred twenty two thousand,
eight hundred seventy eight, billionths [.349222878]; the
product plus one thousand, eight hundred [1,800] square
feet. Maximum floor area can be expressed by the follow-
ing "site capacity formula" CSR]: FA = ((ZLA - 20,000)
x .349222678) + 8, 000) .
J. Building Coverage. In the CC2 zoning district, the
maximum "building coverage" [SRI for a zoning lot shall
be calculated as follows:
Building coverage CBC] in square feet shall equal the
area of a zoning lot [ZLA1 in square feet minus twenty
thousand [20,000] square feet; the difference times two
hundred forty six million, nine hundred thirty nine
thousand, eighty seven, billionths [.246939087]; the
product plus four thousand 14,0001 square feet. Maximum
building coverage can be expressed by the following
"site capacity formula" [SRI: BC = ((ZLA - 20,000)
x .246939087) + 4, 000) .
K. Floor Area for Second Floor Apartment Dwellings. In the
CC2 zoning district, the gross floor area of a second
floor apartment dwelling unit shall be a minimum of six
hundred 16001 square feet, plus an additional two hundred
fifty 12501 square feet for each bedroom, except that
studio and efficiency units shall be a'minimum of six
hundred 16001 square feet.
19.35.740 Off Street Parking.
In the CC2 Center City District, off street parking
shall be subject to the provisions of Chapter 19.45, Off
Street Parking.
19.35.745 Off Street Loading.
In the CC2 Center City District, off street loading
shall be subject to the provisions of Chapter 19.47, Off
Street Loading.
19.35.750 Signs.
In the CC2 Center City District, signs shall be subject
to the provisions of Chapter 19.50, Signs.
160
19.35.755 Nonconforming Uses and Structures.
In the CC2 Center City District, noncon- forming uses
and structures shall be subject to the provi- sions of
Chapter 19.52, Nonconforming Uses and Structures.
19.35.760 Amendments.
In the CC2 Center City District, text and map amendments
shall be subject to the provisions of Chapter 19.55,
Amendments.
19.35.765 Planned Developments.
In the CC2 Center City District, planned developments
shall be subject to the provisions of Chapter 19.60, Planned
Developments.
19.35.770 Conditional Uses.
In the CC2 Center City District, condition- al uses
shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.35.775 Variations.
In the CC2 Center City District, variations shall be
subject to the provisions of Chapter 19.70, Varia- tions
19.35.780 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.35.900 PLANNED BUSINESS DISTRICTS
Subsections:
19.35.905
Purpose and Intent.
19.35.910
Supplementary Regulations.
19.35.915
General Provisions.
19.35.920
Zoning Districts - Generally.
19.35.925
Location and Size of District.
19.35.930
Land Use.
19.35.935
Site Design.
19.35.940
Off Street Parking.
161
19.35.945 Off Street Loading.
19.35.950 Signs.
19.35.955 Amendments.
19.35.960 Variations.
19.35.965 Appeals.
19.35.905 Purpose and Intent.
The purpose of the planned business districts is to
provide a planned business environment for various types of
commercial uses, subject to the provisions of Chapter 19.60,
Planned Developments. The purpose of the individual planned
business districts shall be as follows:
A. PRB Planned Residence Business District. The purpose of
the PRB Planned Residence Business District is to con-
serve the residential character of certain properties lo-
cated within transportation corridors as designated by
the official comprehensive plan by providing various use
alternatives, but with site design regulations in keeping
with a planned residential environment, subject to the
provisions of Chapter 19.60, Planned Developments. A
PRB zoning district is most similar to, but departs from
the standard require ments of the RB zoning district.
B. PNB Planned Neighborhood Business District. The purpose
of the PNB Planned Neighborhood Business District is to
provide for planned commercial areas supplying daily
convenience commodities and services to a neighborhood
population, subject to the provisions of Chapter 19.60,
Planned Developments. The scale of development of a PNB
.zoning district is limited by the applicable site design
regulations due to its function and resulting close
proximity to residences. A PNB zoning district is
most similar to, but departs from the standard require-
ments of the NB zoning district.
C. FAB Planned Area Business District. The purpose of the
PAB Planned Area Business District is to provide commod-
ities and services to several neighborhoods, and in some
instances to a community wide or regional supporting pop-
ulation, subject to the provisions of Chapter 19.60,
Planned Developments. A PAB zoning district is most sim-
ilar to, but departs from the standard require menta of
the AB zoning district.
D. PCC Planned Center City District. The purpose of the PCC
Planned Center City District is to facilitate the imple-
mentation of the official comprehensive plan, as focused
on a distinctive subarea of the city with a common urban
fabric, subject to the provisions of Chapter 19.60,
Planned Developments. No PCC zoning district shall be
mapped separately subsequent to the effective date of
162
this title, unless such property to be mapped adjoins
an existing CC2 Center City District, CC2 Center City
District, or a PCC Planned Center City District.
19.35.910 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.35.915 General Provisions.
In the planned business districts, the use and develop-
ment of land and structures shall be subject to the general
regulations contained in Chapter 19.05, General Provisions,
unless a departure has been granted by the City Council.
19.35.920 Zoning Districts - Generally.
In the planned business districts, the use and develop-
ment of land and structures shall be subject to the provi-
sions of Chapter 19.07, Zoning Districts, unless a departure
has been granted by the City Council.
19.35.925 Location and Size of District.
Planned business districts should be located in sub-
stantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate
planned business district exclusive of rights of way, but
including adjoining land or land directly opposite a right
of way shall not be less than two [23 acres. No departure
from the required minimum size of a planned business dis-
trict may be granted by the City Council.
19.35.930 Land Use.
In a planned business district, the only land uses al-
lowed shall be those land uses approved by the City Coun-
cil, subject to the provisions of Chapter 19.60, Planned
Develop- ments.
163
19.35.935 Site Design.
In a planned business district, the site design regula-
tions shall be as approved by the City Council, subject to
the provisions of Chapter 19.60, Planned Developments.
19.35.940 Off Street Parking.
In a planned business district, off street parking shall
be subject to the provisions of Chapter 19.45, Off Street
Parking, unless a departure is granted by the City Council,
subject to the provisions of Chapter 19.60, Planned
Developments.
19.35.945 Off Street Loading.
In a planned business district, off street loading
shall be subject to the provisions of Chapter 19.47, Off
Street Loading, unless a departure is granted by the City
Council, subject to the provisions of Chapter 19.60, Planned
Developments.
19.35.950 Signs.
In a planned business district, signs shall be subject
to the provisions of Chapter 19.50, Signs, unless a
departure is granted by the City Council, subject to the
provisions of Chapter 19.60, Planned Developments.
19.35.955 Amendments.
In a planned business district, text and map amendments
shall be subject to the provisions of Chapter 19.60, Planned
Developments.
19.35.960 Variations.
In a planned business district, no variation shall be
granted pursuant to the provisions of Chapter 19.70,
Variations.
19.35.965 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
164
CHAPTER 19.40
INDUSTRIAL DISTRICTS
Sections:
19.40.050 Purpose.
19.40.100 ORI Office Research Industrial District.
19.40.300 GI General Industrial District.
19.40.500 CI Commercial Industrial District.
19.40.700 Planned Industrial Districts.
19.40.050 Purpose.
The purpose of the industrial districts is to provide
for the development and protection of industrial areas with
both standard and planned land use and site design regula-
tions, differentiating by function and scale of development.
19.40.100 ORI OFFICE RESEARCH INDUSTRIAL DISTRICT
Sections:
19.40.105 Purpose and Intent.
19.40.110 Supplementary Regulations.
19.40.115 General Provisions.
19.40.120 Zoning Districts - Generally.
19.40.125 Location and Size of District.
19.40.130 Land Use.
19.40.135 Site Design.
19.40.140 Off Street Parking.
19.40.145 Off Street Loading.
19.40.150 Signs.
19.40.155 Nonconforming Uses and Structures.
19.40.160 Amendments.
19.40.165 Planned Developments.
19.40.170 Conditional Uses.
19.40.175 Variations.
19.40.180 Appeals.
19.40.105 Purpose and Intent.
The purpose of the ORI Office Research Industrial Dis-
trict is to provide an industrial environment that fosters a
sense of place and destination within a coordinated campus
or park setting through the applicable site design regula-
tions.
165
19.40.110 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.40.115 General Provisions.
In the ORI Office Research Industrial District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.05, General Provisions.
19.40.120 Zoning Districts - Generally.
In the ORI Office Research Industrial District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.07, Zoning Districts
19.40.125 Location and Size of District.
An ORI Office Research Industrial District should be
located in substantial conformance to the official compre-
hensive plan. The amount of land necessary to constitute a
separate ORI zoning district exclusive of rights of way, but
including adjoining land or land directly opposite a right
of way shall not be less than twenty 1201 acres.
19.40.130 Land Use.
In the ORI Office Research Industrial District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SRI shall be the only land uses
allowed as a "permitted use" [SRI, as a "conditional use"
[SRI, or as a "similar use" [SRI in the ORI Office Research
Industrial District:
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
ORI Office Research Industrial District:
Municipal Services Division.
1. Public parks, recreation, open space [UNCLI on a
"zoning lot" [SRI containing less than two [21 acres
of land.
166
Offices Division.
2. "Offices" 1 SR I [ UNCL 3 .
Finance, Insurance, and Real Estate Division.
3. "Development sales offices" [SRI [UNCL].
4. Finance, insurance, and real estate [H3.
Services Division.
5. Advertising 17311.
6. Commercial, economic, sociological, and educational
research 187323.
7. Commercial physical and biological research
[87313.
S. Computer programming, data processing, and other
computer related services [7373.
9. Computer rental and leasing [73773.
10. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies [7321.
11. Detective and guard services 173813.
12. Engineering, accounting, research, management, and
related services [873.
13. Home health care services [8083.
14. "Hotels and motels" [SRI 17013.
15. Job training and vocational rehabilitation services
18333.
16. Legal services [8113.
17. Mailing, reproduction, commercial art and
photography, and stenographic services 17333.
18. Management and public relations services [8743.
19. Medical and dental laboratories [8073.
20. Membership organizations [863.
21. Motion picture distribution and allied services
[7823.
22. Motion picture production and allied services 17811.
23. News syndicates [73831.
24. Noncommercial research organizations 187333.
25. Offices and clinics of dentists 18021.
26. Offices and clinics of doctors of medicine [8011.
27. Offices and clinics of doctors of osteopathy [6033.
28. Offices and clinics of other health practitioners
[8043.
29. Other schools and educational services 18293.
30. Outdoor advertising services [73123.
31. Personnel supply services [7363.
32. Photofinishing laboratories [73841.
33. Physical fitness facilities 179913.
34. Professional sports operators and promoters [79413.
35. Security systems services [73823.
36. Tax return preparation services [72913.
37. Testing laboratories 187343.
167
38. Theatrical producers [7927.
39. Vocational schools [824].
Agricultural Division.
40. Farm labor and management services [076].
41. Landscape counseling and planning [0781].
Construction Division.
42. "Contractor's office and equipment areas" [SR]
[UNCL ] .
Manufacturing Division.
43. Computer and office equipment [357].
44. Electronic and other electrical equipment and
components [367.
45. Measuring, analyzing, and controlling instruments;
photographic, medical, and optical goods; and
watches and clocks 1387.
46. Tobacco products [21].
Transportation, Communication, and Utilities Division.
47. "Amateur radio antennas" [SR] [UNCL].
48. Arrangement of passenger transportation [472].
49. Arrangement of transportation of freight and cargo
[473].
50. Branch United States post offices [4311].
51. Bus charter service operators offices [414].
52. Cable and other pay television services 14847.
53. Communication services not elsewhere classified
[489].
54. Intercity and rural bus transportation operators
offices [413].
55. Local and suburban passenger transportation
operators offices [411].
56. Natural gas transmission and distribution [4922]
[4924].
57. Radio and television antennas" [SR] [UNCL].
58. Radio and television broadcasting stations [4837.
59. Railroad operators offices [401].
60. "Satellite dish antennas" [SR] [UNCL].
61. School bus operators offices [415].
62. Taxicab operators offices [412].
63. Telegraph an other message communications [4823.
64. Telephone communications [481].
65. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR]
[UNCL].
168
UL
Miscellaneous Uses Division.
66. "Fences and walls" [SRI 1UNCL7.
67. "Loading facilities" CSR] [UNCL7, exclusively 'ac-
cessory" CSR] to a permitted use allowed in the ORI
Office Research Industrial District, subject to the
provisions of Chapter 19.47, Off Street Loading.
68. "Parking lots" [SRI CUNCLI, exclusively "accessory"
CSRI to a permitted use allowed in the ORI Office
Research Industrial District, subject to the provi-
sions of Chapter 19.45, Off Street Parking.
69. "Parking structures" [SR] CUNCLI, exclusively "ac-
cessory" [SRI to a permitted use allowed in the ORI
Office Research Industrial District, subject to the
provisions of Chapter 19.45, Off Street Parking.
70. "Refuse collection area" [SRI.
71. "Signs" [SRI [UNCL7, subject to the provisions of
Chapter 19.50, Signs.
72. "Temporary uses" [SRI [UNCLI.
73. "Accessory structures" [SRI [UNCLI to the permitted
uses allowed in the ORI Office Research Industrial
District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
74. "Accessory uses" CSR] CUNCLI to the permitted uses
allowed in the ORI Office Research Industrial Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the ORI Office Research Industrial District:
Municipal Services Division.
I. "Municipal facilities" [SRI [UNCL7 on a zoning lot
containing less than two [2] acres of land.
Public Administration Division.
2. Public administration [J] on a zoning lot containing
less than two 123 acres of land.
Services Division.
3. Child day care services [835].
4. Individual and family social services [832].
Retail Trade Division.
5. Carryout restaurants [5812].
6. Drinking places [alcoholic beverages] [5813].
7. Eating places 158121.
8. "Outdoor eating and drinking facilities" [SRI
[ UNCL I .
169
Mining Division.
9. "Temporary mining" [SRI [UNCLI.
Manufacturing Division.
10. Printing, publishing, and allied industries 1273.
Transportation, Communication, and Utilities Division.
11. "Commercial antennas and antenna structures" [SRI
[UNCLI.
12. Freight forwarding in general [47311.
13. Heliports [4583.
14. Natural gas storage.
15. "Other radio and television antennas" [SRI [UNCLI.
16. "Other satellite dish antennas" [SRI [UNCLI.
17. Railroad tracks 14013.
18. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCLI.
Miscellaneous Uses Division.
19. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
20. "Parking lots" [SRI [UNCLI, subject to the provi-
sions of Chapter 19.45, Off Street Parking.
21. "Parking structures" [SRI, subject to the provisions
of Chapter 19.45, Off Street Parking.
22. "Planned developments" [SRI [UNCLI on a zoning lot
containing less than two [2I acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
23. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the ORI Office Research Indus-
trial District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
24. "Accessory uses" [SRI [UNCLI to the conditional uses
allowed in the ORI Office Research Industrial Dis-
trict, subject to the provisions of Section
19.10.400, Component Land Uses.
C. Similar Uses. The following enumerated land uses shall
be subject to classification as a permitted use or as a
conditional use in the ORI Office Research Industrial
District or in a less restrictive zoning district, pur-
suant to Section 19.10.400 H. Classification of Land
Uses:
Services Division.
1. Business services not elsewhere classified [73893.
170
2. Laundry and garment services not elsewhere
classified [7219].
3. Miscellaneous health and allied services not
elsewhere classified [809].
4. Miscellaneous personal services not elsewhere
classified [72991.
5. Miscellaneous repair shops and related services
[769].
6. Services not elsewhere classified [899].
Manufacturing Division.
7. Miscellaneous manufacturing industries 1391.
Transportation, Communication, and Utilities Division.
S. Transportation services not elsewhere classified
[ 47891.
19.40.135 Site Design.
In the ORI Office Research Industrial District, the use
and development of land and structures shall be subject to
the provisions of Chapter 19.12, Site Design. In the ORI
zoning district, the site design regulations shall be as
follows:
A. Zoning Lots - Generally. In the ORI zoning district,
"zoning lots" [SRI shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and
Exceptions.
B. Lot Area. In the ORI zoning district, the minimum re-
quired "zoning lot area" [SRI shall be as follows:
1. Limited Access Street. Where a zoning lot has fron-
tage on a "limited access street" [SRI, the minimum
required lot area shall be one hundred twenty thousand
[ 120, 0001 square feet.
2. Arterial Street. Where a zoning lot has frontage on
an "arterial street" [SRI, the minimum required lot
area shall be one hundred thousand [100,0001 square
feet.
3. Collector Street. Where a zoning lot has frontage on
a "major collector street" [SRI or on a "collector
street" [SR1, the minimum required lot area shall be
eighty thousand 180,0001 square feet.
4. Local Street. Where a zoning lot has frontage on a
"local street" [SR1, the minimum required lot area
shall be sixty thousand 160,0001 square feet.
171
C. Lot Width. In the ORI zoning district, the minimum re-
quired lot width for a zoning lot shall be as follows:
1. Limited Access Street. Where a zoning lot has
frontage on a "limited access street" [SRI, the
minimum required lot width shall be three hundred
[3003 linear feet.
2. Arterial Street. Where a zoning lot has frontage on
an "arterial street", the minimum required lot width
shall be two hundred fifty [2503 linear feet.
3. Collector Street. Where a zoning lot has frontage on
a "major collector street" [SRI or on a "collector
street" [SRI, the minimum required lot width shall be
two hundred [2003 linear feet.
4. Local Street. Where a zoning lot has frontage on a
"local street" [SRI, the minimum required lot width
shall be one hundred sixty [1603 linear feet.
D. Setbacks - Generally. In the ORI zoning district, "set-
backs" [SRI shall be subject to the provisions of Section
19.12.400, Setbacks - Clarifications and Exceptions.
E. Setbacks By Lot Line. In the ORI zoning district, the
minimum required "building" [SRI "setbacks" [SRI and
"vehicle use area setbacks" [SRI from a "lot line" [SRI
for a zoning lot shall be as follows:
1. Building Setbacks.
a. Street Setback. Street setbacks shall be as fol-
lows:
(1) Limited Access Street/Arterial Street.. Where a
zoning lot has frontage on a limited access
street or on an arterial street, the minimum
required building setback from a "street lot
line" [SRI shall be seventy [701 linear feet,
or the street setback shall be as required in
Section 19.40. 135 E., I., a., ( 4 ) Street Set-
back Exception., whichever is greater.
(2) Collector Street. Where a zoning lot has fron-
tage on a major collector street or on a col-
lector street, the minimum required building
setback from a street lot line shall be fifty
1503 linear feet, or the street setback shall
be as required in Section 19.40.135 E., 1., a.,
(4) Street Setback Exception., whichever is
greater.
172
(3) Local Street. Where a zoning lot has frontage
on a local street, the minimum required build-
ing setback from a street lot line shall be
thirty five [35] linear feet, or the street
setback shall be as required in Section
19.40. 135 E., I., a., ( 4 ) Street Setback Excep-
tion., whichever is greater.
(4) Street Setback Exception. The minimum required
building setback from a street lot line shall
be subject to the street setback required in
this section, where the minimum required build-
ing setback from a street lot line for a li-
mited access street, an arterial street, a ma-
jor collector street, a collector street, or a
local street is less than required by the fol-
lowing calculation:
Street setback [StS] in linear feet shall equal
the area of a zoning lot [ZLA] in square feet
minus sixty thousand [60,000] square feet; the
difference times one hundred fifty one, ter,
millionths; the product plus thirty five [35]
linear feet. Minimum street setback can be
expressed by the following "site capacity form-
ula" [SRI: StS = ((ZLA - 60,000) x .0000151)
+ 35.
b., Interior Setback. The minimum required building
setback from an "interior lot line" [SRI shall be
calculated as follows:
Interior setback [IS] in linear feet shall equal
the area of a zoning lot [ZLA] in square feet minus
sixty thousand [60,000] square feet; the difference
times sixty nine, ten millionths [.0000069; the
product plus thirty [30] linear feet. Minimum
interior setback can be expressed by the following
"site capacity formula" [SRI: IS = ((ZLA - 60,000)
x .0000069) + 30.
c. Transition Setback. The minimum required building
setback from a "transition lot line" [SRI shall be
calculated as follows:
Transition setback [TS] in linear feet shall equal
the area of a zoning lot [ZLA] in square feet minus
sixty thousand [60,000] square feet; the difference
times two hundred thirty two, ten millionths
[.0000232]; the product plus one hundred [100] lin-
ear feet. Minimum transition setback can be ex-
pressed by the following "site capacity formula"
[SR7: TS = ((ZLA - 60,000) x .0000232) + 100.
173
Additionally, for each one (1) linear foot of
"building height" [SRI over twenty (20) linear
feet, two (2) linear feet shall be added to the
minimum required building setback from a transi-
tional lot line.
2. Vehicle Use Area Setbacks By Lotline. In the ORI zon-
ing district, the minimum required "vehicle use area
setbacks" [SRI for a zoning lot shall be as follows:
a. Street Setback. For zoning lots with a "vehicle
use area" [SR7, the minimum required vehicle use
area setback from a street lot line shall be
calculated as follows:
Vehicle use area street setback [VUAStS] in linear
feet shall equal the area of a zoning lot [ZLAI
minus sixty thousand [60,000] square feet; the
difference times eighty one, ten millionths; the
product plus thirty five 1353 linear feet. Minimum
vehicle use area street setback can be expressed by
the following "site capacity formula" [SRI:
VUAStS = ((ZLA - 60,000) x .0000081) + 35.
b. Interior Setback. For zoning lots with a vehicle
use area, the minimum required vehicle use area
setback from an interior lot line shall be calcu-
lated as follows:
Vehicle use area interior setback [VUAIS] in linear
feet shall equal the area of a zoning lot [ZLA] in
square feet minus sixty thousand [60,000] square
feet; the difference times forty four, ten mil-
lionths [.0000044]; the product plus six [6] linear
feet. Minimum vehicle use area interior setback
can be expressed by the following "site capacity
formula" [SRI: VUAIS = ((ZLA - 60,000) x .0000044)
+ 6.
F. Accessory Structures and Buildings. In the ORI zoning
district, "accessory structures and buildings" [SR] shall
be subject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
G. Yards - Generally. In the ORI zoning district, a "street
yard" [SRI, a "side yard" [SR7, a "rear yard" [SR7, or a
"transition yard" [SRI established by a required building
setback or by the actual location of a building shall be
subject to the provisions of Section 19.12.600, Obstruc-
tions in Yards.
H. Landscape Yards. In the ORI zoning district, landscape
yards shall be as follows:
174
I.
1. Transition Landscape Yards. A "transition landscape
yard" [SRI shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required
transition setback calculated in Section 19.40.135,
E., I., c. Transition Setback.
2. Vehicle Use Area Landscape
lished by vehicle use area
"vehicle use area landscape
ception of access driveways
19.45.100, Access Driveways
and Section 19.45.110, Size
area landscape yards shall
sions of Section 19.12.700,
Yards. The yards estab-
setbacks shall be used as
yards" [SRI with the ex -
as provided in Section
to a Public Right of Way
of Driveways. Vehicle use
be subject to the provi-
Landscaping.
3. Interior Landscape Yards. "Interior landscape yards"
[SRI shall be installed on a zoning lot featuring a
"vehicle use area" [SRI, which exceeds five thousand
(5,000) square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
Floor Area. In the ORI zoning district, the maximum
"floor area" for a zoning lot shall be calculated as fol-
lows:
Floor area [FAI in square feet shall equal the area of a
zoning lot [ZLAI in square feet minus sixty thousand
[60,000] square feet; the difference times thirty three
million, five hundred twenty thousand, seventy one, ten
millionths [.3352071]; the product plus thirty three
thousand [33,000] square feet. Maximum floor area can be
expressed by the following "site capacity formula" [SRI:
FA = ( ( ZLA - 60,000) x .3352071) + 33, 000) .
J. Building Coverage. In the ORI zoning district, the maxi-
mum "building coverage" [SRI for a zoning lot shall be
calculated as follows:
Building coverage [BCI in square feet shall equal the
area of a zoning lot [ZLAI in square feet minus sixty
thousand [60,000] square feet; the difference times two
million, nine hundred twenty six thousand, thirty six,
ten millionths [.2926036]; the product plus twenty four
thousand [24,000] square feet. Maximum building coverage
can be expressed by the following "site capacity formula"
[SRI: BC = ( ( ZLA - 60,000) x .2926036) + 24, 000) .
175
19.40.140 Off Street Parking.
In the ORI Office Research Industrial District, off
street parking shall be subject to the provisions of Chapter
19.45, Off Street Parking.
19.40.145 Off Street Loading.
In the ORI Office Research Industrial District, off
street loading shall be subject to the provisions of Chapter
19.47, Off Street Loading.
19.40.150 Signs.
In the ORI Office Research Industrial District, signs
shall be subject to the provisions of Chapter 19.50, Signs.
19.40.155 Nonconforming Uses and Structures.
In the ORI Office Research Industrial District, noncon-
forming uses and structures shall be subject to the provi-
sions of Chapter 19.52, Nonconforming Uses and Structures.
19.40.160 Amendments.
In the ORI Office Research Industrial District, text and
map amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.40.165 Planned Developments.
In the ORI Office Research Industrial District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.40.170 Conditional Uses.
In the ORI Office Research Industrial District, condi-
tional uses shall be subject to the provisions of Chapter
19.65, Conditional Uses.
19.40.175 Variations.
In the ORI Office Research Industrial District, varia-
tions shall be subject to the provisions of Section
19.10.500, Authorized Land Use Variations, Section
19.12.800, Authorized Site Design Variations, and Chapter
176
W
19.70, Variations.variations shall be subject to the provi-
sions of Chapter 19.70, Variations
19.40.180 Appeals.
Any requirement, determination, or interpretation,
associated with the administration, and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
177
19.40.300 GI GENERAL INDUSTRIAL DISTRICT
Sections:
19.40.305 Purpose and Intent.
19.40.310 Supplementary Regulations.
19.40.315 General Provisions.
19.40.320 Zoning Districts - Generally.
19.40.325 Location and Size of District.
19.40.330 Land Use.
19.40.335 Site Design.
19.40.340 Off Street Parking.
19.40.345 Off 9tr@@t Loading.
19.40.350 Signs.
19.40.355 Nonconforming Uses and Structures.
19.40.360 Amendments.
19.40.365 Planned Developments.
19.40.370 Conditional Uses.
19.40.375 Variations.
19.40.380 Appeals.
19.40.305 Purpose and Intent.
The purpose of the GI General Industrial District is to
provide an alternate industrial environment for those indus-
trial uses that do not require the location or environment
of an ORI zoning district.
19.40.310 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.40.315 General Provisions.
In the GI General Industrial District, the use and de-
velopment of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
19.40.320 Zoning Districts - Generally.
In the GI General Industrial District, the use and de-
velopment of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts
178
19.40.325 Location and Size of District.
A GI General Industrial District should be located in
substantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate GI
zoning district exclusive of rights of way, but including
adjoining land or land directly opposite a right of way
shall not be less than twenty [20] acres.
19.40.330 Land Use.
In the GI General Industrial District, the use and de-
velopment of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following enum-
erated "land uses" [SR] shall be the only land uses allowed
as a "permitted use" [SR], as a "conditional use" [SR], or
as a "similar use" [SR] in the GI General Industrial Dis-
trict.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
GI General Industrial District:
Municipal Services Division.
1. Public parks, recreation, open space [UNCL] on a
"zoning lot" [SR] containing less than two [21 acres
of land.
Offices Division.
2. "Offices" [SRI [ UNCL ] .
Finance, Insurance, and Real Estate Division.
3. "Development sales offices" CSR] [UNCL7.
4. Finance, insurance, and real estate CHI.
Services Division.
5. Advertising [7313.
6. Armored car service [7381].
7. Carpet and upholstery cleaning agents without plants
on the premises [7217].
S. Carpet or rug cleaning, dying, and/or repairing
plants [7217].
9. Commercial, economic, sociological, and educational
research [8732].
10. Commercial physical and biological research
[8731].
11. Computer programming, data processing, and other
computer related services [737].
179
12. Computer rental and leasing [7377].
13. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies [7321.
14. Detective and guard services [7381].
15. Dry cleaning plants [7216].
16. Engineering, accounting, research, management, and
related services 1877.
17. Home health care services [808].
18. Industrial launderers [7218].
19. Job training and vocational rehabilitation services
[833].
20. Legal services 18113.
21. Linen supply [7213].
22. Mailing, reproduction, commercial art and
photography, and stenographic services 17331.
23. Management and public relations services [874].
24. Medical and dental laboratories [807].
25. Membership organizations 1867.
26. Miscellaneous equipment rental and leasing [735].
27. Motion picture distribution and allied services
[7821.
28. Motion picture production and allied services [781].
29. Motor vehicle repair shops [SR] [753].
30. Motor vehicle top, body, and upholstery repair
shops, and paint shops [SR] [7532].
31. Hews syndicates [7383].
32. Noncommercial research organizations [8733].
33. Offices and clinics of dentists [8021.
34. Offices and clinics of doctors of medicine 18011.
35. Offices and clinics of doctors of osteopathy [8037.
36. Offices and clinics of other health practitioners
[804].
37. Other schools and educational services [829].
38. Outdoor advertising services [7312].
39. Personnel supply services [736].
40. Photofinishing laboratories [7384].
41. Physical fitness facilities [7991].
42. Power laundries [7211].
43. Professional sports operators and promoters [7941].
44. Refrigerator and air conditioning service and
repair [7623].
45. Rental of dogs for protective service 173813.
46. Reupholstery and furniture repair [764].
47. Security systems services [7382].
48. Services to dwellings and other buildings [734].
49. Tax return preparation services [7291].
50. Testing laboratories [8734].
51. Theatrical producers 17921.
52. Truck route laundry and dry cleaning not operated by
laundries or cleaners 172121.
53. Vocational schools [824].
54. Welding repair [7692].
180
UL
Retail Trade Division.
55. Auction rooms [59991.
56. Automatic merchandising machine operators [5962].
Agricultural Division.
57. Farm labor and management services [0761.
58. Landscape counseling and planning 107811.
59. Lawn and garden services [07821.
60. Ornamental shrub and tree services [07833.
61. Soil preparation services [071].
Construction Division.
62. Building construction - general contractors and
operative builders [151.
63. Construction - special trade contractors [173.
64. "Contractors office and equipment areas" [SRI
[ UNCL 1.
65. Heavy construction - contractors [161.
Manufacturing Division.
66. Apparel and other finished products made from
fabrics and similar materials 1231.
67. Chemicals and allied products 1281.
68. Computer and office equipment 13571.
69. Electronic and other electrical equipment and
components [363.
70. Fabricated metal products [343.
71. Furniture and fixtures [251.
72. Industrial and commercial machinery and equipment
[353.
73. Leather and leather products [313.
74. Measuring, analyzing, and controlling instruments;
photographic, medical, and optical goods; and
watches and clocks 1383.
75. Primary metal industries [333.
76. Printing, publishing, and allied industries [273.
77. Rubber and miscellaneous plastics products 1303.
78. Stone, clay, glass, and concrete products [32).
79. Textile mill products [221.
80. Tobacco products 1213.
81. Transportation equipment [373.
Wholesale Trade Division.
82. Apparel piece goods and notions [5133.
83. Beer, wine, and distilled alcoholic beverages [5183.
84. Drugs, drug proprietaries, and druggists' sundries
[512].
85. Electrical goods 15063.
86. Furniture and home furnishings [5023.
181
87. Groceries and related products [514].
88. Hardware, and plumbing and heating equipment and
supplies 507].
69. Lumber and other construction materials [503].
90. Machinery, equipment, and supplies [508].
91. Metals and minerals, except petroleum [505].
92. Motor vehicles and motor vehicle parts and supplies
[501].
93. Paper and paper products [5113.
94. Professional and commercial equipment and supplies
[504].
95. "Recycling collection center" [SRI [5093].
Transportation, Communication, and Utilities Division.
96. "Amateur radio antennas" [SRI [UNCLI.
97. Arrangement of passenger transportation [4721.
98. Arrangement of transportation of freight and cargo
[473].
99. Branch United States post offices [4311].
100. Bus charter service operators offices [414].
101. Cable and other pay television services [484].
102. Communication services not elsewhere classified
[489].
103. Courier services [4215].
104. Freight forwarding in general [4731].
105. Intercity and rural bus transportation operators
offices 14133.
106. Local and suburban passenger transportation,
operators offices [4111.
107. Natural gas transmission and distribution [4922].
108. Packing and crating [474].
109. Public warehousing and storage [422].
110. "Radio and television antennas" [SRI [UNCLI.
111. Radio and television broadcasting stations [483].
112. Railroad operators offices [401].
113. "Satellite dish antennas" [SRI [UNCLI.
114. School bus operators offices [415].
115. Taxicab operators offices [412].
116. Telegraph an other message communications [482].
117. Telephone communications [481].
118. "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [ SR I
119. Trucking services 14217.
Miscellaneous Uses Division.
120. "Commercial operations yards" [SRI [UNCLI.
121. "Fences and walls" [SRI [UNCLI.
122. "Loading facilities" [SRI [UNCLI, exclusively "ac41
-
cessory" [SRI to a permitted use allowed in the GI
General Industrial District, subject to the provi-
sions of Chapter 19.47, Off Street Loading.
182
B.
123. "Motor vehicle impoundment yard" [SR] [UNCL].
124. "Parking lots" [SR] [UNCL], exclusively "accessory"
[SR] to a permitted use allowed in the GI General
Industrial District, subject to the provisions of
Chapter 19.45, Off Street Parking.
125. "Parking structures" [SR] [UNCL], exclusively "ac-
cessory" [SR] to a permitted use allowed in the GI
General Industrial District, subject to the provi-
sions of Chapter 19.45, Off Street Parking.
126. "Refuse collection area" [SR].
127. "Signs" [SR] [UNCL], subject to the provisions of
Chapter 19.50, Signs.
128. "Temporary uses" [SR] [UNCL].
129. "Accessory structures" [SR] [UNCL] to the permitted
uses allowed in the GI General Industrial District,
subject to the provisions of Section 19.12.500,
Accessory Structures and Buildings.
130. "Accessory uses" [SR] [UNCL] to the permitted uses
allowed in the GI General Industrial District,
subject to the provisions of Section 19.10.400,
Component Land Uses.
Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
[SR] in the GI General Industrial District:
Municipal Services Division.
1. "Municipal facilities" [SR] [UNCL] on a zoning lot
containing less than two [2] acres of land.
Public Administration Division.
2. Public administration [J] on a zoning lot containing
less than two [2] acres of land.
Services Division.
3. Automobile proving and testing grounds [8734].
4. Child day care services [835].
5. "Hotels and motels" [SR] [701].
6. Individual and family social services [832].
Retail Trade Division.
7. Carryout restaurants [5812].
S. Drinking places [alcoholic beverages] [5813].
9. Eating places 158121.
10. "Outdoor eating and drinking facilities" [SR]
[UNCL].
Agricultural Division.
11. Crop services 10723.
183
Mining Division.
12. "Temporary mining" [SRI [UNCL).
Manufacturing Division.
13. Food and kindred products [201.
14. Lumber and wood products [241.
15. Paper and allied products [261.
16. Petroleum refining and related industries [291.
Wholesale Trade Division.
17. Chemicals and allied products 15161.
18. Farm product raw materials 15151.
19. "Motor vehicle recycling facility" [SRI [50931.
20. "Motor vehicle recycling yard" [SRI [50931.
21. Petroleum and petroleum products.
22. "Recycling Center" [SRI [5093).
23. "Recycling Center Yard" [SRI [5093).
Transportation, Communication, and Utilities Division.
24."Commercial antennas and antenna structures" [SRI
[UNCLI.
25. Heliports [458).
26. Mixed, manufactured, or liquefied petroleum gas
production or distribution [49251.
27. Natural gas storage [4922).
28. "Other radio and television antennas" [SRI [UNCLI.
29. "Other satellite dish antennas" [SR) [UNCL).
30. Railroad tracks [4013.
31. Refuse systems [4953).
32. Terminal maintenance for motor freight transporta-
tion 14233.
33. "Treatment, transmission, and distribution facili-
ties: equipment, equipment buildings, towers, ex-
changes, substations, regulators" [SR3 [UNCLI.
Miscellaneous Uses Division.
34. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
35. "Parking lots" [SRI [UNCLI, subject to the provi-
sions of Chapter 19.45, Off Street Parking.
36. "Parking structures" [SR), subject to the provisions
of Chapter 19.45, Off Street Parking.
37. "Planned developments" [SRI [UNCLI on a zoning lot
[SRI containing less than two 12I acres of land,
subject to the provisions of Chapter 19.60, Planned
Developments.
184
El
38. "Accessory structures" CSRJ CUNCL] to the condition-
al uses allowed in the GI General Industrial Dis-
trict, subject to the provisions of Section
19. 12.500, Accessory Structures and Buildings.
39. "Accessory uses" [SR] CUNCL] to the conditional uses
allowed in the GI General Industrial District, sub-
ject to the provisions of Section 19.10.400, Com-
ponent Land Uses.
C. Similar Uses. The following enumerated land uses shall
be subject to classification as a permitted use or as a
conditional use in the GI General Industrial District or
in a less restrictive zoning district, pursuant to
Section 19.10.400 H. Classification of Land Uses:
Services Division.
1. Automotive services [75491.
2. Business services not elsewhere classified [7389].
3. Laundry and garment services not elsewhere
classified [72191.
4. Miscellaneous health and allied services not
elsewhere classified [809].
5. Miscellaneous personal services not elsewhere
classified [7299].
6. Miscellaneous repair shops and related services
[769].
7. Services not elsewhere classified [8997.
S. Social services not elsewhere classified [839].
Manufacturing Division.
9. Miscellaneous manufacturing industries [397.
Wholesale Trade Division.
10. Miscellaneous durable goods [509].
11. Miscellaneous nondurable goods [5191.
Transportation, Communication, and Utilities Division.
12. Special warehousing and storage not elsewhere
classified [4226].
13. Transportation services not elsewhere classified
[4789].
19.40.335 Site Design.
In the GI General Industrial District, the use and de-
velopment of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the GI zoning
district, the site design regulations shall be as follows:
185
A. Zoning Lots - Generally. In the GI district, "zoning
lots" [SRI shall be subject to the provisions of Section
19.12.300, Zoning Lots - Clarifications and Exceptions.
B. Lot Area. In the GI district, the minimum required
"zoning lot area" [SRI shall be as follows:
1. Limited Access Street. Where a zoning lot has front-
age on a "limited access street" [SRI, the minimum re-
quired lot area shall be eighty thousand [80,000]
square feet.
2. Arterial Street. Where a zoning lot has frontage on
an "arterial street" [SRI, the minimum required lot
area shall be sixty thousand [60,000] square feet.
3. Collector Street/Local Street. Where a zoning lot has
frontage on a "major collector street" [SRI, a "col-
lector street" [SRI, or a "local street" [SRI, the
minimum required lot area shall be forty thousand
[40, 0001 square feet.
C. Lot Width. In the GI district, the minimum required lot
width for a zoning lot shall be as follows:
1. Limited Access Street. Where a zoning lot has front-
age on a "limited access street" [SRI, the minimum
required lot width shall be two hundred 12001 linear
feet.
2. Arterial Street. Where a zoning lot has frontage on
an "arterial street" [SRI, the minimum required lot
width shall be one hundred sixty 11601 linear feet.
3. Collector Street/Local Street. Where a zoning lot has
frontage on a major collector street, a collector
street, or a local street, the minimum required lot
width shall be one hundred twenty five 11251 linear
feet.
D. Setbacks - Generally. In the GI district, "setbacks"
[SRI shall be subject to the provisions of Section
19.12.400, Setbacks - Clarifications and Exceptions.
E. Setbacks By Lot line. In the GI zoning district, the
minimum required "building" [SRI "setbacks" [SRI and
"vehicle use area setbacks" [SRI from a "lot line" [SRI
for a zoning lot shall be as follows:
1. Building Setbacks.
a. Street Setback. Street setbacks shall be as fol- '
lows:
186
(1) Limited Access Street/Arterial Street. Where a
zoning lot has frontage on a limited access
street or on an arterial street, 'the minimum
required building setback from a "street lot
line" [SRI shall be fifty [50] linear feet, or
the street setback shall be as required in Sec-
tion 19.40. 335 E., 1. , a., ( 4 ) Street Setback
Exception., whichever is greater.
(2) Collector Street. Where a zoning lot has fron-
tage on a major collector street or on a col-
lector street, the minimum required building
setback from a street lot line shall be thirty
five [35] linear feet, or the street setback
shall be as required in Section 19.40.335 E.,
1., a., (4) Street Setback Exception., which-
ever is greater.
(3) Local Street. Where a zoning lot has frontage
on a local street, the minimum required build-
ing setback from a street lot line shall be
twenty five [25] linear feet, or the street
setback shall be as required in Section
19.40.335 E., 1., a., (4) Street Setback Excep-
tion., whichever is greater.
(4) Street Setback Exception. The minimum required
building setback from a street lot line shall
be subject to the street setback required in
this section where the minimum required build-
ing setback from a street lot line for a li-
mited access street, an arterial street, a ma-
jor collector street, a collector street, or a
local street is less than required by the fol-
lowing calculation:
Street setback [StSI in linear feet shall equal
the area of a zoning lot [ZLAI in square feet
minus forty thousand [40,0001 square feet; the
difference times three, hundred thousandths
[.00003; the product plus twenty five [251 lin-
ear feet. Maximum street setback can be ex-
pressed in the following "site capacity form-
ula" [SRI: StS = ((ZLA - 40,000) x .00003)
25.
b. Interior Setback. The minimum required building
setback from an interior lot line shall be calcu-
lated as follows:
Interior setback [IS] in linear feet shall equal
the area of a zoning lot [ZLA] in square feet
minus forty thousand [40,000] square feet; the
difference times twelve, one millionths [.000012];
187
the product plus twenty [203 linear feet. Minimum
interior setback can be expressed by the following
"site capacity formula" [SRI: IS = ((ZLA - 40,000)
x .000012) + 20.
c. Transition Setback. The minimum required building
setback from a "transition lot line" [SRI shall be
calculated as follows:
Transition setback [TSI in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
forty thousand [40,000] square feet; the difference
times twenty four, one millionths [.000024]; the
product plus one hundred 11003 linear feet. Mini-
mum transition setback can be expressed by the fol-
lowing "site capacity formula" [SRI: TS = ((ZLA
- 40,000) x .000024) + 100.
Additionally, for each one (1) linear foot of
"building height" [SRI over twenty (20) linear
feet, two (2) linear feet shall be added to the
minimum required building setback from a transi-
tional lot line.
2. Vehicle Use Area Setbacks By Lot Line. In the GI
district, the minimum required vehicle use area
setbacks for a zoning lot shall be as follows:
a. Street Setback. For zoning lots with a "vehicle
use area" [SRI, the minimum required vehicle use
area setback from a street lot line shall be
calculated as follows:
Vehicle use area street setback [VUAStSI in linear
feet shall equal the area of a zoning lot [ZLAI in
square feet minus forty thousand [40,000] square
feet; the difference times three, hundred thousands
[.00003]; the product plus fifteen 1151 linear
feet. Minimum vehicle use area street setback can
be expressed by the following "site capacity formu-
la" [SRI: VUAStS = ((ZLA - 40,000) x .00003) + 15.
b. Interior Setback. For zoning lots with a vehicle
use area, the minimum required vehicle use area
setback from an interior lot line shall be calcu-
lated as follows:
Vehicle use area interior setback [VUAISI in linear
feet shall equal the area of a zoning lot [ZLAI in
square feet minus forty thousand [40,000] square
feet; the difference times thirty six, millionths Al
[.0000036]; the product plus six [6I linear feet.
Minimum vehicle use area interior setback can be
188
expressed by the following "site capacity formula"
[SRI: VUAIS = ( ( ZLA - 40,000) x .0000036) + 6.
F. Accessory Structures and Buildings. In the GI district,
"accessory structures and buildings" [SRI shall be sub-
ject to the provisions of Section 19.12.500, Accessory
Structures and Buildings.
G. Yards - Generally. In the GI district, a "street yard"
[SRI, a "side yard" [SRI, a "rear yard" [SRI, or a "tran-
sition yard" [SRI established by a required building set-
back or by the actual location of a building shall be
subject to the provisions of Section 19.12.600, Obstruc-
tions in Yards.
H. Landscape Yards. In the GI district, landscape yards
shall be as follows:
1. Transition Landscape Yards. A "transition landscape
yard" [SRI shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required
transition setback calculated in Section 19.40.335,
E., 1. , c. Transition Setback.
2. Vehicle Use Area Landscape Yards. The yards estab-
lished by vehicle use area setbacks shall be used _as
"vehicle use area landscape yards" [SRI with the ex-
ception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way
and Section 19.45.110, Size of Driveways. Vehicle use
area landscape yards shall be subject to the provi-
sions of Section 19.12.700, Landscaping.
3. Interior Landscape Yards. "Interior landscape yards"
[SRI shall be installed on a zoning lot featuring a
"vehicle use area" [SRI, which exceeds five thousand
(5,000) square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
I. Floor Area. In the GI district, the maximum floor area
for a zoning lot shall be calculated as follows:
Floor area [FAI in square feet shall equal the area of a
zoning lot [ZLAI in square feet minus forty thousand
[40,000) square feet; the difference times thirty four
million, thirty seven thousand, five hundred thirty six,
hundred millionths [.34037536); the product plus twenty
two thousand [22,000) square feet. Maximum floor area
can be expressed by the following "site capacity formula"
[SRI: FA = ( ( ZLA - 40,000) x .34037536) + 22, 000) .
189
J. Building Coverage. In the GI district, the maximum
building coverage for a zoning lot shall be calculated as
follows:
Building coverage [BCI in square feet shall equal the
area of a zoning lot [ZLAI in square feet minus forty
thousand [40,000] square feet; the difference times twen-
ty nine million, five hundred eighteen thousand, sever,
hundred sixty eight 1.295187681; the product plus six-
teen thousand 116,0001 square feet. Maximum building
coverage can be expressed by the following "site capacity
formula" [SRI: BC = ((ZLA - 40,000) x .29518768)
+ 16, 000) .
19.40.340 Off Street Parking.
In the GI General Industrial District, off street park-
ing shall be subject to the provisions of Chapter 19.45, Off
Street Parking.
19.40.345 Off Street Loading.
In the GI General Industrial District, off street load-
ing shall be subject to the provisions of Chapter 19.47, Off
Street Loading.
19.40.350 Signs.
In the GI General Industrial District, signs shall be
subject to the provisions of Chapter 19.50, Signs.
19.40.355 Nonconforming Uses and Structures.
In the GI General Industrial District, nonconforming
uses and structures shall be subject to the provisions of
Chapter 19.52, Nonconforming Uses and Structures.
19.40.360 Amendments.
In the GI General Industrial District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.40.365 Planned Developments.
In the GI General Industrial District, planned develop-
ments shall be subject to the provisions of Chapter 19.60,
Planned Developments.
W1 ;
19.40.370 Conditional Uses.
In the GI General Industrial District, conditional uses
shall be subject to the provisions of Chapter 19.65, Condi-
tional Uses.
19.40.375 Variations.
In the GI General Industrial District, variations shall
be subject to the provisions of Chapter 19.70, Variations
19.40.380 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
191
19.40.500 CI COMMERCIAL INDUSTRIAL DISTRICT
Sections:
19.40.505 Purpose and Intent.
19.40.510 Supplementary Regulations.
19.40.515 General Provisions.
19.40.520 Zoning Districts - Generally.
19.40.525 Location and Size of District.
19.40.530 Land Use.
19.40.535 Site Design.
19.40.540 Off Street Parking.
19.40.545 Off Street Loading.
19.40.550 Signs.
19.40.555 Nonconforming Uses and Structures.
19.40.560 Amendments.
19.40.565 Planned Developments.
19.40.570 Conditional Uses.
19.40.575 Variations.
19.40.580 Appeals.
19.40.505 Purpose and Intent.
The purpose of the CI Commercial Industrial District to
provide for an existing pattern of development in which
certain commercial uses and industrial uses have located
together. The land uses provided for within the CI zoning
district are also provided for within other zoning dis-
tricts, which in general are more in keeping with the pur-
pose and intent of this title, and the goals, objectives,
and policies of the official comprehensive plan.
19.40.510 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.40.515 General Provisions.
In the CI Commercial Industrial District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.05, General Provisions.
192
19.40.520 Zoning Districts - Generally.
In the CI Commercial Industrial District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts
19.40.525 Location and Size of District.
A CI Commercial Industrial District should be located in
substantial conformance to the official comprehensive plan,
and in general, CI zoning districts should not be located
adjoining residence conservation districts or residence dis-
tricts. The amount of land necessary to constitute a separ-
ate CI zoning district exclusive of rights of way, but in-
cluding adjoining land or land directly opposite a right of
way shall not be less than twenty [203 acres. Such adjoin-
ing land or land directly opposite a right of way, which is
mapped in a AB, ORI, or GI'zoning district may be included
in the calculation provided that the resulting separate CI
zoning district shall not be less than two 12I acres.
19.40.530 Land Use.
In the CI Commercial Industrial District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use. The following
enumerated "land uses" [SRI shall be the only land uses
allowed as a "permitted use" [SRI, as a "conditional use"
[SRI, or as a "similar use" [SRI in the CI Commercial
Industrial District.
A. Permitted Uses. The following enumerated land uses shall
be the only land uses allowed as a permitted use in the
CI Commercial Industrial District:
Municipal Services Division.
1. Public parks, recreation, open space [UNCLI on a
"zoning lot" [SRI containing less than two [2I acres
of land.
Offices Division.
2. "Offices" [SRI [ UNCL I .
Finance, Insurance, and Real Estate Division.
3. "Development sales offices" [SRI [UNCL].
4. Finance, insurance, and real estate [HI.
193
Services Division.
5. Advertising [7311.
6. Armored car service 173811.
7. Automotive renting and leasing without drivers
[7511.
8. Ballroom and dance hall operation [79111.
9. Barber shops 17243.
10. Beauty shops 1723).
11. "Bed and breakfast inns" [SRI [70111.
12. Bowling centers 17931.
13. Carpet and upholstery cleaning agents without plants
on the premises [72171.
14. Carpet or rug cleaning, dying, and/or repairing
plants [72171.
15. Coin operated laundries and dry cleaning 172151.
16. Commercial, economic, sociological, and educational
research [87321.
17. Commercial physical and biological research
[67313.
18. Computer programming, data processing, and other
computer related services 17371.
19. Computer rental and leasing 173771.
20. Consumer credit reporting agencies, mercantile
reporting agencies, and adjustment and collection
agencies [7321.
21. Dance studios and schools [7911.
22. Detective and guard services 173811.
23. Dry cleaning plants [72161.
24. Electrical and electronic repair shops [76291.
25. Engineering, accounting, research, management, and
related services [871.
26. Funeral service [7261.
27. Garment pressing, and agents for laundries and dry
cleaners 172121.
28. Home health care services [8081.
29. Industrial launderers [72181.
30. Job training and vocational rehabilitation services
[ 8331.
31. Laundry collecting and distributing outlets [72111.
32. Legal services 16113.
33. Libraries E8233.
34. Linen supply [72131.
35. Mailing, reproduction, commercial art and
photography, and stenographic services 17331.
36. Management and public relations services [8741.
37. Medical and dental laboratories [8071.
38. Membership organizations 1861.
39. Membership sports and recreation clubs 179971.
40. Miscellaneous equipment rental and leasing [7351.
41. Miscellaneous personal services not elsewhere
classified 172991.
42. Motion picture distribution and allied services
[7821.
194
43. Motion picture production and allied services 17811.
44. Motion picture theaters [78321.
45. News syndicates 173831.
46. Noncommercial research organizations 187331.
47. Offices and clinics of dentists [8021
48. Offices and clinics of doctors of medicine [8011.
49. Offices and clinics of doctors of osteopathy [8031.
50. Offices and clinics of other health practitioners
[8041.
51. Other schools and educational services [8291.
52. Outdoor advertising services [73121.
53. Personnel supply services [7361.
54. Photofinishing laboratories [73841.
55. Photographic studios, portrait [7221.
56. Physical fitness facilities 179911.
57. Power laundries 172111.
58. Professional sports operators and promoters [79411.
59. Radio and television repair shops [76221.
60. Refrigerator and air conditioning service and
repair [76231.
61. Rental of dogs for protective service 173811.
62. Reupholstery and furniture repair [7641.
63. Security systems services [73821.
64. Services to dwellings and other buildings 17341.
65. Shoe repair shops and shoe shine parlors 17251.
66. Tax return preparation services [72911.
67. Testing laboratories 187341.
68. Theatrical producers [7921.
69. Truck route laundry and dry cleaning not operated by
laundries or cleaners [72121.
70. Video tape rental 17841.
71. Vocational schools [8241.
72. Watch, clock, and jewelry repair [7631.
73. Welding repair 176921.
Retail Trade Division.
74. Apparel and accessory stores 1561.
75. Auction rooms 159991.
76. Automatic merchandising machine operators 159621.
77. Building materials, hardware, and garden supply
[521.
78. Carryout restaurants 158121.
79. Catalog and mail order houses 159611.
80. Direct selling establishments 159631.
81. Drinking places [alcoholic beverages] [58131.
82. Drug stores and proprietary stores [591].
83. Eating places 158121.
84. Florists 159923.
85. Food stores 1541.
86. General merchandise stores [531.
87. Home furniture, furnishings, and equipment stores
[571.
88. Liquor stores 15923.
195
89. Miscellaneous retail stores not elsewhere classified
C59991.
90. Miscellaneous shopping goods stores 05943.
91. Mobile home dealers [523.
92. Motor vehicle dealers [553.
93. "Motor vehicle service stations" [SRI 15543.
94. News dealers [59943.
95. Optical goods stores [59953.
96. "Outdoor eating and drinking facilities" [SRI
[UNCL).
97. Tobacco stores [5993].
98. Used building materials 159323.
99. Used merchandise stores [5933.
Agricultural Division.
100. Green houses for floral products [0181], exclusively
"accessory" [SRI to a permitted use allowed in the
CI Commercial Industrial District.
101. Crop services [0723.
102. Dog grooming 107523.
103. Farm labor and management services [076].
104. Landscape counseling and planning 107813.
105. Lawn and garden services [0782].
106. Ornamental shrub and tree services [0783].
107. Soil preparation services 10711.
108. Veterinary services for household pets [07423.
Construction Division.
109. Building construction - general contractors and
operative builders [153.
110. "Contractors office and equipment areas" [SRI
[ UNCL 3 .
111. Construction - special trade contractors [173.
112. Heavy construction - contractors 1163.
Manufacturing Division.
113. Apparel and other finished products made from
fabrics and similar materials 1231.
114. Computer and office equipment 13573.
115. Electronic and other electrical equipment and
components 1363.
116. Furniture and fixtures E253.
117. Measuring, analyzing, and controlling instruments;
photographic, medical, and optical goods; and
watches and clocks 1383.
118. Printing, publishing, and allied industries [273.
119. Textile mill products [223.
120. Tobacco products 1213.
196
Wholesale Trade Division.
121. Apparel piece goods and notions [513].
122. Beer, wine, and distilled alcoholic beverages [518].
123. Drugs, drug proprietaries, and druggists' sundries
[512].
124. Electrical goods [506].
125. Furniture and home furnishings [502].
126. Groceries and related products [514].
127. Hardware, and plumbing and heating equipment and
supplies 5071.
128. Lumber and other construction materials [503].
129. Machinery, equipment, and supplies [508].
130. Metals and minerals, except petroleum [505].
131. Motor vehicles and motor vehicle parts and supplies
[5011.
132. Paper and paper products [511].
133. Professional and commercial equipment and supplies
[504].
134. "Recycling collection center" [SR] [50933.
Transportation, Communication, and Utilities Division.
135. "Amateur radio antennas" [SR] [UNCL].
136. Arrangement of passenger transportation [472].
137. Arrangement of transportation of freight and cargo
[473].
138. Branch United States post offices [4311).
139. Bus charter service operators offices 14141.
140. Cable and other pay television services [484].
141. Communication services not elsewhere classified
[489].
142. Courier services 142151.
143. Intercity and rural bus transportation operators
offices [413].
144. Local and suburban passenger transportation
operators offices [411].
145. Natural gas transmission and distribution, 149223
149243.
146. Public warehousing and storage [422].
147. "Radio and television antennas" [SR1 [UNCLJ.
148. Radio and television broadcasting stations [483).
149. Railroad operators offices [401].
150. "Satellite dish antennas" [SR] [UNCL].
151. School bus operators offices [415].
152. Taxicab operators offices [412].
153. Telegraph an other message communications [482].
154. Telephone communications [4613.
155. "Treatment, transmission, and distribution
�^ facilities: poles, wires, cables, conduits,
( laterals, vaults, pipes, mains, and valves" [SR7
[ UNCL ] .
156. Trucking services [4217.
197
Miscellaneous Uses Division.
157. "Commercial operations yards" [SRI [UNCLI.
158. "Fences and walls" [SRI [UNCLI.
159. "Loading facilities" [SRI [UNCLI, exclusively "ac-
cessory" [SRI to a permitted use allowed in the CI
Commercial Industrial District, subject to the pro-
visions of Chapter 19.47, Off Street Loading.
160. "Motor vehicle impoundment yard" [SRI [UNCLI.
161. "Parking lots" [SRI [UNCLI, exclusively "accessory"
[SRI to a permitted use allowed in the CI Commercial
Industrial District, subject to the provisions of
Chapter .19.45, Off Street Parking.
162. "Parking structures" [SRI [UNCLI, exclusively "ac-
cessory" [SRI to a permitted use allowed in the CI
Commercial Industrial District, subject to the pro-
visions of Chapter 19.45, Off Street Parking.
163. "Outdoor display areas" [SRI [UNCLI.
164. "Drive through facilities" [SRI, subject to the
provisions of Chapter 19.45, Off Street Parking.
165. "Refuse collection area" [SRI.
166. "Signs" [SRI [UNCLI, subject to the provisions of
Chapter 19.50, Signs.
167. "Temporary uses" [SRI [UNCLI.
168. "Accessory structures" [SRI [UNCLI to the permitted
uses allowed in the CI Commercial Industrial Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
169. "Accessory uses" [SRI [UNCLI to the permitted uses
allowed in the CI Commercial Industrial District,
subject to the provisions of Section 19.10.400,
Component Land Uses.
B. Conditional Uses. The following enumerated land uses
shall be the only land uses allowed as a conditional use
in the CI Commercial Industrial District:
Municipal Services Division.
1. "Municipal facilities" [SRI [UNCLI on a zoning lot
containing less than two [2I acres of land.
Public Administration Division.
2. Public administration [J3 on a zoning lot containing
less than two 123 acres of land.
Services Division.
3. Amusement parks [7996].
4. Arenas, sports fields, and stadiums [UNCLI.
5. Automobile proving and testing grounds [8734].
6. "Car washes" [SRI [7542].
7. Child day care services [8353.
198
8. Coin operated amusement establishments [7993].
9. Drive in motion picture theaters 178331.
10. "Hotels and motels" [SRI [701].
11. Individual and family social services 18321.
12. "Motor vehicle repair shops" [SRI [7531.
13. "Motor vehicle top, body, and upholstery repair
shops, and paint shops" [SRI [75321.
14. Organization hotels and lodging houses, on
membership basis [7041.
15. Recreational vehicle parks and campsites [7033].
16. Sporting and recreational camps [70321.
Retail Trade Division.
17. Drive in restaurants 158121.
18. Fuel dealers [5981.
Agricultural Division.
19. "Kennels" [SRI 107521.
Mining Division.
20. "Temporary mining" [SRI [UNCLI.
Manufacturing Division.
21. Chemicals and allied products [281.
22. Fabricated metal products [341.
23. Food and kindred products [201.
24. Industrial and commercial machinery and equipment
[351.
25. Leather and leather products 1311.
26. Lumber and wood products 1241.
27. Paper and allied products [261.
28. Petroleum refining and related industries [291.
29. Primary metal industries 1331.
30. Rubber and miscellaneous plastics products [301.
31. Stone, clay, glass, and concrete products 1321.
Wholesale Trade Division.
32. Chemicals and allied products 15161.
33. Farm product raw materials [5151.
34. "Motor vehicle recycling facility" CSR] 150931.
35. "Motor vehicle recycling yard" [SRI 150931.
36. Petroleum and petroleum products [5171.
37. "Recycling center" [SRI [50931.
38. "Recycling center yard" [SRI [50931.
Transportation, Communication, and Utilities Division.
39. "Commercial antennas and antenna structures" [SRI
[ UNCL 1.
199
40. Freight foreLarding in general [4731].
41. Heliports 14583.
42. Mixed, manufactured, or liquefied petroleum gas
production or distribution [4925].
43. Natural gas storage [49223.
44. "Other radio and television antennas" [SRI [UNCLI.
45. "Other satellite dish antennas" [SRI [UNCLI.
46. Packing and crating 14743.
47. Railroad tracks 14013.
48. Terminal maintenance for motor freight
transportation [4231.
49. "Treatment, transmission, and distribution
facilities: equipment, equipment buildings, towers,
exchanges, substations, regulators" [SRI [UNCLI.
Miscellaneous Uses.
50. "Master signage plan" [SRI, subject to the provi-
sions of Chapter 19.50, Signs.
51."Parking lots" [SRI [UNCL7, subject to the
provisions of Chapter 19.45, Off Street Parking.
52. "Parking structures" [SRI [UNCL7, subject to the
provisions of Chapter 19.45, Off Street Parking.
53. "Planned developments" [SRI [UNCLI on a zoning lot
containing less than two 12I acres of land, subject
to the provisions of Chapter 19.60, Planned Develop-
ments.
54. "Accessory structures" [SRI [UNCLI to the condition-
al uses allowed in the CI Commercial Industrial Dis-
trict, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
55. "Accessory uses" [SRI [UNCL3 to the conditional uses
allowed in the CI Commercial Industrial District,
subject to the provisions of Section 19.10.400,
Component Land Uses.
C. Similar Uses. The following enumerated land uses shall
be subject to classification as a permitted use or as a
conditional use in the CI Commercial Industrial District
or in a less restrictive zoning district, pursuant to
Section 19.10.400 H. Classification of Land Uses:
Services Division.
1. Amusement and recreational services, not elsewhere
classified 179993.
2. Automotive services [75493.
3. Business services not elsewhere classified [7389].
4. Laundry and garment services not elsewhere
classified 172193.
5. Miscellaneous health and allied services not
elsewhere classified 18093.
6. Miscellaneous personal services not elsewhere
classified 172993.
7. Miscellaneous repair shops and related services
[769].
8. Services not elsewhere classified [899].
9. Social services not elsewhere classified [839].
Manufacturing Division.
10. Miscellaneous manufacturing industries [39].
Wholesale Trade Division.
11. Miscellaneous durable goods [509].
12. Miscellaneous nondurable goods [519].
Transportation, Communication, and Utilities Division.
13. Special warehousing and storage not elsewhere
classified [4226].
14. Transportation services not elsewhere classified
[4789].
19.40.535 Site Design.
In the CI Commercial Industrial District, the use and
development of land and structures shall be subject to the
provisions of Chapter 19.12, Site Design. In the CI zoning
district, the site design regulations shall be as follows:
A. Zoning Lots - Generally. In the CI zoning district,
"zoning lots" [SR] shall be subject to the provisions of
Section 19.12.300, Zoning Lots - Clarifications and Ex-
ceptions.
_B. Lot Area. In the CI zoning district, the minimum re-
quired "zoning lot area" [SR] shall be twenty thousand
120,0001 square feet.
C. Lot Width. In the CI zoning district, the minimum re-
quired "lot width" [SR] for a zoning lot shall be one
hundred twenty five [125] feet.
D. Setbacks - Generally. In the CI zoning district, "set-
backs" [SR] shall be subject to the provisions of Section
19.12.400, Setbacks - Clarifications and Exceptions.
E. Setbacks By Lot Line. In the CI zoning district, the
minimum required "building" [SR] "setbacks" [SR] and "ve-
hicle use area setbacks" [SR] from a "lot line" [SR] for
a zoning lot shall be as follows:
201
1. Building Setbacks.
a. Street Setback. The minimum required building
setback from a "street lot line" [SRI shall be
calculated as follows:
Street setback [StSI in linear feet shall equal the
area of a zoning lot [ZLA7 in square feet minus
twenty thousand 120,0001 square feet; the differ-
ence times nineteen thousand, four hundred twenty
eight, billionths [.000019428]; the product plus
twenty five 1257 linear feet. Minimum street set-
back can be expressed by the following "site capac-
ity formula" [SRI: StS = ((ZLA - 20,000)
x .000019428) + 25.
b. Interior Setback. The minimum required building
setback from an "interior lot line" [SR7 shall be
calculated as follows:
Interior setback [IS7 in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
twenty thousand [20,000] square feet; the differ-
ence times fifteen thousand, five hundred forty
two, billionths [.000015542]; the product plus five
[57 linear feet. Minimum interior setback can be
expressed by the following "site capacity formula"
[SRI: IS = ((ZLA - 20,000) x .000015542) + 5.
c. Transition Setback. The minimum required building
setback from a "transition lot line" [SRI shall be
calculated as follows:
Transition setback [TSI in linear feet shall equal
the area of a zoning lot [ZLAI in square feet minus
twenty thousand [20,000] square feet; the differ-
ence times thirty eight thousand, eight hundred
fifty six, billionths 1.0000388567; the product
plus fifty [507 linear feet. Minimum transition
setback can be expressed by the following "site
capacity formula" [SRI: TS = ((ZLA - 20,000)
x .000038856) + 50.
Additionally, for each one (1) linear foot of
"building height" [SRI over twenty (20) linear
feet, two (2) linear feet shall be added to the
minimum required building setback from a transi-
tional lot line.
2. Vehicle Use Area Setbacks.
a. Street Setback. For zoning lots with a "vehicle
use area" [SR7, the minimum required "vehicle use
area setback" [SRI from a street lot line shall be
calculated as follows:
Vehicle use area street setback [VUAStS] in linear
feet shall equal the area of a zoning lot [ZLA] in
square feet minus twenty thousand [20,000] square
feet; the difference times thirteen thousand, two
hundred eleven, billionths [.000013211]; the pro-
duct plus eight 18I linear feet. Minimum vehicle
use area street setback can be expressed by the
following "site capacity formula" [SRI: VUAStS =
((ZLA - 20,000) x .000013211) ; S.
b. Interior Setback. For zoning lots with a with a
vehicle use area, the minimum required vehicle use
area setback from an interior lot line shall be six
16I linear feet.
F. Accessory Structures and Buildings. In the CI zoning
district, "accessory structures and buildings" [SRI shall
be subject to the provisions of Section 19.12.500, Acces-
sory Structures and Buildings.
G. Yards - Generally. In the CI zoning district, a "street
yard" [SRI, a "side yard" [SRI, a "rear yard" [SRI, or a
"transition yard" [SRI established by a required building
setback or by the actual location of a building shall be
subject to the provisions of Section 19.12.600, Obstruc-
tions in Yards.
H. Landscape Yards. In the CI zoning district, landscape
yards shall be as follows:
1. Transition Landscape Yards. A "transition landscape
yard" [SRI shall be provided adjoining the entire
length of a transition lot line. Transition landscape
yards shall be subject to the provisions of Section
19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required
transition setback calculated in Section 19.40.535,
E., I., c. Transition Setback.
2. Vehicle Use Area Landscape Yards. The yards estab-
lished by vehicle use area setbacks shall be used
as "vehicle use area landscape yards" [SRI with the
exception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way
and Section 19.45.110, Size of Driveways. Vehicle use
area landscape yards shall be subject to the provi-
sions of Section 19.12.700, Landscaping.
3. Interior Landscape Yards. "Interior landscape yards"
[SRI shall be installed on a zoning lot featuring a
"vehicle use area" [SRI, which exceeds five thousand
203
(5,000) square feet in area, subject to the provisions
of Section 19. 12.700, Landscaping.
I. Floor Area. In the CI zoning district, the maximum
"floor area" [SRI for a zoning lot shall be calculated as
follows:
Floor area [FA1 in square feet shall equal the area of a
zoning lot [ZLA1 in square feet minus twenty thousand
[20,000] square feet; the difference times three hundred
forty nine million, two hundred twenty two thousand,
eight hundred seventy eight, billionths [.349222878];
the product plus one thousand, eight hundred [1,8007
square feet. Maximum floor area can be expressed by the
following "site capacity formula" [SR1: FA = ((ZLA
- 20,000) x .349222878) + 8, 000) .
J. Building Coverage. In the CI zoning district, the max-
imum "building coverage" [SRI for a zoning lot shall be
calculated as follows:
Building coverage [BC) in square feet shall equal the
area of a zoning lot [ZLA] in square feet minus twenty
thousand [20,0007 square feet; the difference times two
hundred forty six million, nine hundred thirty nine
thousand, eighty seven, billionths [.246939087]; the
product plus four thousand 14,0001 square feet. Maximum
building coverage can be expressed by the following
"site capacity formula" [SRI: BC = ((ZLA - 20,000)
x .246939087) + 4, 000) .
K. Floor Area for Second Floor Apartment Dwellings. In the
CI zoning district, the gross floor area of a "second
floor apartment" [SRI "dwelling unit" [SRI shall be a
minimum of six hundred [6001 square feet, plus an addi-
tional two hundred fifty 12501 square feet for each
bedroom, except that studio and efficiency units shall be
a minimum of six hundred [6001 square feet.
19.40.540 Off Street Parking.
In the CI Commercial Industrial District, off street
parking shall be subject to the provisions of Chapter 19.45,
Off Street Parking.
19.40.545 Off Street Loading.
In the CI Commercial Industrial District, off street
loading shall be subject to the provisions of Chapter 19.47,
Off Street Loading.
204
'Pott,
19.40.550 Signs.
In the CI Commercial Industrial District, signs shall be
subject to the provisions of Chapter 19.50, Signs.
19.40.555 Nonconforming Uses and Structures.
In the CI Commercial Industrial District, noncon-
forming uses and structures shall be subject to the provi-
sions of Chapter 19.52, Nonconforming Uses and Structures.
19.40.560 Amendments.
In the CI Commercial Industrial District, text and map
amendments shall be subject to the provisions of Chapter
19.55, Amendments.
19.40.565 Planned Developments.
In the CI Commercial Industrial District, planned
developments shall be subject to the provisions of Chapter
19.60, Planned Developments.
19.40.570 Conditional Uses.
In the CI Commercial Industrial District, condition- al
uses shall be subject to the provisions of Chapter 19.65,
Conditional Uses.
19.40.575 Variations.
In the CI Commercial Industrial District, variations
shall be subject to the provisions of Chapter 19.70, Varia-
tions
19.40.580 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
205
19.40.700 PLANNED INDUSTRIAL DISTRICTS
Subsections:
19.40.705 Purpose and Intent.
19.40.710 Supplementary Regulations.
19.40.715 General Provisions.
19.40.720 Zoning Districts - Generally.
19.40.725 Location and Size of District.
19.40.730 Land Use.
19.40.735 Site Design.
19.40-740 Off Street Parking.
19.40.745 Off Street Loading.
19.40.750 Signs.
19.40.755 Amendments.
19.40.760 Variations.
19.40.765 Appeals.
19.40.705 Purpose and Intent.
The purpose of the planned industrial districts is to
provide a planned industrial environment for various types
of industrial uses, subject to the provisions of Chapter
19.60, Planned Developments. The purpose of the individual
planned industrial districts shall be as follows:
A. PORI Planned Office Research Industrial District. The
purpose of the PORI Office Research Industrial District
is to provide an planned industrial environment that
fosters a sense of place and destination within a coordi-
nated campus or park setting, subject to the provisions
of Chapter 19.60, Planned Developments. A PORI zoning
district is most similar to, but departs from the stan-
dard requirements of the ORI zoning district.
B. PGI Planned General Industrial District. The purpose of
the PGI Planned General Industrial District is to pro-
vide an alternate planned industrial environment for
those industrial uses that do not require the location or
environment of an ORI zoning district. A PGI zoning
district is most similar to, but departs from the stan-
dard requirements of the GI zoning district.
19.40.710 Supplementary Regulations.
Any word or phrase contained within this chapter
followed by the symbol "[SR]" shall be subject to the
definitions and the additional interpretive requirements
provided in Chapter 19.90, Supplementary Regulations. The
exclusion of such symbol shall not exempt such word or
phrase from the applicable supplementary regulation.
206
W
19.40.715 General Provisions.
In the planned industrial districts, the use and devel-
opment of land and structures shall be subject to the pro-
visions of Chapter 19.05, General Provisions, unless a de-
parture has been granted by the City Council.
19.40.720 Zoning Districts - Generally.
In the planned industrial districts, the use and devel-
opment of land and structures shall be subject to the provi-
sions of Chapter 19.07, Zoning Districts, unless a departure
has been granted by the City Council.
19.40.725 Location and Size of District.
Planned industrial districts should be located in sub-
stantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate
planned industrial district exclusive of rights of way, but
including adjoining land or land directly opposite a right
of way shall not be less than two 127 acres. No departure
from the required minimum size of a planned industrial dis-
trict may be granted by the City Council.
19.40.730 Land Use.
In a planned industrial district, the only land uses
allowed shall be those land uses approved by the City Coun-
cil, subject to the provisions of Chapter 19.60, Planned
Developments.
19.40.735 Site Design.
In a planned industrial district, the site design reg-
ulations shall be as approved by the City Council, subject
to the provisions of Chapter 19.60, Planned Developments.
19.40.740 Off Street Parking.
In a planned industrial district, off street parking
shall be subject to the provisions of Chapter 19.45, Off
Street Parking, unless a departure is granted by the City
Council, subject to the provisions of Chapter 19.60, Planned
Developments.
207
19.40.745 Off Street Loading.
In a planned industrial district,
shall be subject to the provisions of
Street Loading, unless a departure is
Council, subject to the provisions of
Developments.
19.40.750 Signs.
off street loading
Chapter 19.47, Off
granted by the City
Chapter 19.60, Planned
In a planned industrial district, signs shall be subject
to the provisions of Chapter 19.50, Signs, unless a depar-
ture is granted by the City Council, subject to the provi-
sions of Chapter 19.60, Planned Developments.
19.40.755 Amendments.
In a planned industrial district, text and map amend-
ments shall be subject to the provisions of Chapter 19.60,
Planned Developments.
19.40.760 Variations.
In a planned industrial district, no variation shall be
granted pursuant to the provisions of Chapter 19.70, Varia-
tions.
19.40.765 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
01141
Chapter 19.45
OFF STREET PARKING
Sections:
19.45.010 Purpose and Intent.
19.45.020 Supplementary Regulations.
19.45.030 Control of Land.
19.45.040 Location of Parking Facilities
by Zoning District.
19.45.050 Use of Parking Stalls.
19.45.060 Required Number of Parking Stalls.
19.45.070 Table of Required Parking.
19.00.080 Parking Calculations.
19.45.090 Design Regulations - Generally.
19.45.100 Access to a Public Right of Way.
19.45.110 Driveways.
19.45.120 On Site Circulation.
19.45.130 Parking Aisles and Stalls.
19.45.140 Vehicle Use Area Setbacks and Landscape Yards..
19.45.150 Parking Lot Perimeter Curb.
19.45.160 Surfacing.
19.45.170 Islands at Ends of Parking Rows.
19.45.180 Stormwater Control.
19.45.190 Striping and Markings.
19.45.200 Traffic Control Signs.
19.45.210 Applicability.
19.45.220 Site Plan and Construction Permit.
19.45.230 Occupancy Permit.
19.45.240 Authorized Variations.
19.45.250 Appeals.
19.45.010 Purpose and Intent.
The purpose and intent of the provisions for off street
parking is to establish the minimum required number of park-
ing stalls and minimum design requirements for the construc-
tion of off street parking facilities required or provided
in conjunction with the use of any land, structure, or
building, which is to be established, erected, extended,
enlarged, substantially remodeled, or changed from one use
to another. Off street parking structures may be used to
meet the required number of parking stalls and such struc-
tures shall be subject to the applicable provisions of this
chapter, title, and code.
r31�]
19.45.020 Suppl@m@ntary f@gul@tl@n®.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.45.030 Control of Land.
The land for required off street "parking facilities"
[SRI shall be controlled through ownership, a perpetual
easement, or a lease of a minimum ninety nine [997 year term
by the same interests which own the premises where the use
served is located.
19.45.040 Location of Parking Facilities by Zoning District.
A. Location - Generally. Off street "parking facilities"
[SRI shall conform to the locational requirements of
of the zoning district in which it is to be located
Locations for off street parking facilities not specif-
ically regulated by this title and chapter must be ap-
proved by the Development Administrator prior to their
construction.
®:
4519@nE6 Bigtf#et§ 9flg K@§Sd@fiE@ B1§tF1Et§:
The following regulations for the location of parking
facilities shall be applicable in all residence districts
and in all residence conservation districts:
1. Generally. Required "accessory" [SRI off street
parking facilities shall be located on the same
"zoning lot" CSR] as the "principal use" [SRI served.
2. Single Family. Off street "parking stalls" [SRI used
"accessory" [SRI to a "single family detached dwell-
ing" [SRI shall be located within an accessory "park-
ing garage" [SRI or within an accessory "residential
parking area" [SRI. No off street parking stalls used
accessory to a single family detached dwelling shall
be located within a "parking structure" [SRI or within
a "parking lot" [SRI.
Parking stalls located within an accessory residential
parking area may be located within a required "build-
ing" [SRI "setback" [SRI from a "street lot line" [SRI
of a zoning lot improved with a single family detached
dwelling, provided that there is an accessory parking
garage located within ten 1107 linear feet of the
210
street "setback line" [SR) and the vehicle entrance to
the parking garage faces the same street lot line.
No more than one [1) parking stall provided within an
accessory residential parking area for each parking
stall provided within such an accessory parking garage
plus one [17 additional uncovered parking stall shall
be located within such required building setback from
a street lot line.
Each parking stall located within a residential park-
ing area and each parking stall located within an ad-
joining parking garage may be stacked one I1) behind
the other. However, no required parking stalls shall
be stacked more than two [2) deep. In all instances,
the required number of parking stalls shall be direct-
ly accessible from a "driveway" [SR).
3,pb F-}ryt11��pp, Off street parking stalls accessory to a
two iami3y dwelling" [SR) shall be located within an
accessory parking garage or within an accessory resi-
dential parking area. No off street parking stalls
accessory to a two family dwelling shall be located
within a parking structure or within a parking lot.
Parking stalls located within an accessory residential
parking area may be located within a required building
setback from a street lot line of a zoning lot im-
proved with a two family dwelling, provided that there
is an accessory parking garage located within ten [10)
linear feet of the street setback line and the vehicle
entrance to the parking garage faces the same street
lot line.
No more than two [2) parking stalls for each dwelling
unit shall be provided within an accessory residential
parking area located within such required building
setback from a street lot line.
Each parking stall located within a residential park-
ing area and each parking stall located within an ad-
joining parking garage may be stacked one [1) behind
the other. However, no parking stalls shall be
stacked more than two [2) deep. In all instances, the
required number of parking stalls shall be directly
accessible from a driveway.
4. Multiple Family. Off street parking stalls accessory
to a "multiple family dwelling" [SR) shall be located
within a parking structure, parking lot, parking gar-
age, residential parking area, or any combination
thereof.
211
Parking aisles or parking stalls may be located within
a required building setback from a street lot line of
a zoning lot improved with a multiple family dwelling,
provided that there is an accessory parking garage lo-
cated within ten 1107 linear feet of the street set-
back line and the vehicle entrance to the parking gar-
age faces the same street lot line.
No more than one [ll parking stall provided within an
accessory residential parking area for each parking
stall provided within such an accessory parking garage
shall be located within such required building setback
from a street lot line.
C. Nonresidential Zoning Districts. The following regula-
tions for the location of parking facilities shall be
applicable for the community facility zoning district,
and all business zoning districts and industrial zoning
districts:
1. Generally. Required accessory off street parking fa-
cilities shall be located on the same zoning lot as
the "land use" [SRI served or across the public right
of way directly opposite and within four hundred [4001
feet of the use served.
2. Parking Structures, Parking Garages, and Parking Lots.
All off street parking stalls accessory to a land use
allowed in the community facility zoning district, the
business zoning districts, and the industrial zoning
districts shall be located within a parking structure,
within a parking garage, or within a parking lot.
3. Center City Districts. Land uses located within
the CCI Center City District shall not be required
to provide off street parking. Land uses located
within the CC2 Center City District and located within
eight hundred 18001 feet of a municipal off street
parking facility shall not be required to provide off
street parking provided that the Development Adminis-
trator determines that it is not physically possible
to locate the required off street parking facility in
compliance with the provisions of this chapter.
19.45.040 Collective Off Street Parking Facilities.
Off street parking facilities for separate uses may be
provided collectively, if the total number of stalls so
provided is not less than the sum of the separate require-
ments of each such "land use" [SRI, and if all the regula-
tions governing the location of accessory off street parking
facilities in relation to the use served are observed.
212
19.45.050 Use of Parking Stalls.
"Parking stalls" shall be utilized exclusively for the
temporary parking of passenger motor vehicles and for other
motor vehicles or activities specifically authorized by this
title.
19.45.060 Required Number of Parking Stalls.
The required number of off street "parking stalls" [SRI
shall be provided for all "land uses" [SR) as listed in
Section 19.45.070 Table of Required Parking, prior to the
issuance of an occupancy permit. Where there is more than
one land use as listed in the table located on any land or
within any "structure" [SRI or "building" [SRI, the required
number of off street parking stalls shall be provided for
each use. The required number of parking stalls shall also
be subject to Section 19.45.080 Parking Calculations.
19.45.070 Table of Required Parking.
A. Residences.
1. Dwellings.
One [1] stall per five hundred
15001 square feet of floor
area with a minimum of two [23
stalls per dwelling unit, but
need not exceed four [43
stalls per dwelling unit.
2. Dwellings,
One and one half [1.53 stalls
Efficiency.
per dwelling unit.
3. Elderly Public
One [1] stall per two [2]
Housing.
dwelling units.
B. Community Facilities.
1. Hospitals. One [13 stall per two 123
beds, plus one [l] stall per
employee based on the peak
demand shift.
213
2. Museums One [13 stall per two hundred
and Libraries. fifty 12503 square feet of
floor area.
3. Schools. One [13 stall per full time
employee, plus one stall per
ten [103 seats in that
assembly area with the
greatest capacity.
C. Public Assembly. One [13 stall per four 143
seats, plus one [1] stall per
employee.
D. Services/Retail.
1. Offices. One [13 stall per two hundred
fifty 12503 square feet of
floor area.
2. Motels/Hotels One [13 stall per lodging
room, plus one [13 stall per
employee based on the peak
demand shift.
3. Automotive Two [23 stalls per service
Service and repair stall, plus one [13 per
employee.
4. Clinics. Two 123 stalls per exam or
treatment room, plus one 113
stall per doctor and per
employee.
5. Restaurant / One [l3 stall per sixty 1603
Sit Down. square feet of floor area.
6. Restaurant / One [13 stall per forty five
Carry Out. [453 square feet of floor
area.
214
7. Home Furnishings. One [1] stall per three
hundred [300] square feet of
floor area.
8. Other Retail. One [1] stall per two hundred
fifty [250] square feet of
floor area. One [1] stall per
two hundred [200] square feet
of floor area for uses located
in shopping centers with more
than two hundred fifty
thousand [250,000] square
feet.
E. Manufacturing, One [1] stall per one and one
Warehousing, half [1.5] employee based on
and Storage. the peak demand shift, or one
[1] stall per one thousand
[1,000] square feet of floor
area, whichever is greater.
F. Other Uses. A number of parking stalls as
determined by the Development
Administrator based on the
same criteria in this section
for the most similar use.
19.45.080 Parking Calculations.
A. Floor Area Defined. If the required number of off street
"parking stalls" [SRI is determined through square foot-
age calculations, the following definition of gross floor
area shall be used:
"Floor area," for the purpose of determining off
street parking means the sum of the gross horizontal
areas of the floor or several floors of the building
[SRI, or portion thereof, devoted to a use requiring
off street parking. This area shall include acces-
sory storage areas located within selling or working
space such as counters, racks, or closets; any base-
ment floor area devoted to retailing activities, to
the production or processing of goods, or to business
or professional offices; and any mechanical rooms or
areas. However, floor area for purposes of determin-
ing the required number of off street parking stalls
shall not include floor area devoted primarily to
storage purposes or floor area devoted to common
215
halls, balconies, off street parking or loading fac-
ilities including ramps, aisles, and maneuvering
space, or any other use that does not require off
street parking.
B. Fractional Remainders. When determination of the number
of off street parking stalls required by this section
results in a requirement of a fractional stall, any
fraction of less than one half 1.51 may be disregarded;
while a fraction of one half 1.51 or more shall be
counted as one Ell parking stall.
19.45.090 Design Regulations - Generally.
The design and construction of off street parking
facilities shall be in substantial conformity with the
standards contained in the Transportation and Traffic
Engineering Handbook, latest edition, published by the
Institute of Transportation Engineers.
19.45.100 Access Driveways to a Public Right of Way.
A. Access - Generally. In addition to the other provisions
of this section, the number, location, and design of
approaches and "driveways" [SRI crossing a public right
of way shall also be subject to the provisions and re-
quirements of Title 13, Streets and Sidewalks; Chapter
13.06, Driveways.
B. Limited Access Arterial Street. Direct vehicular access
to or from any "zoning lot" [SRI to a "limited access ar-
terial street" [SRI may be allowed, subject to the ap-
proval of the City Council.
C. Arterial Street.
1. Parking Structures and Parking Lots. A maximum of one
Ell access driveway to a public right of way for each
individual street frontage shall be allowed for direct
vehicular access to or from an "arterial street" [SRI
on any zoning lot on which is located a "parking
structure" CSR1 or a "parking lot" [SRI, except that
such a zoning lot with six hundred C6007 linear feet
or more of combined street frontage shall be allowed
one Ell access driveway for each three hundred [3001
linear feet of combined street frontage.
Access driveways to be located on opposite sides of an
arterial street shall be aligned so as to form an
intersection,or such driveways shall be offset a mini-
mum of one hundred fifty 11502 linear feet. However,
where such alignments or offsets would create an un -
216
economic remnant of land, access driveways shall be
located as may be approved by the Development Adminis-
trator.
2. Parking Garages and Residential Parking Areas. A
maximum of one [ll access driveway to a public right
of way shall be allowed for direct vehicular access to
or from an arterial street on any zoning lot which is
located within a residence conservation district and
on which is located a "parking garage" [SRI or a
"residential parking area" [SRI; except for zoning
lots on which is located a "single family detached
dwelling" [SRI or a "two family dwelling" [SRI, which
may have two 123 access driveways for a circular
driveway as may be approved by the Development
Administrator; and except for zoning lots on which is
located a two family dwelling, which may have a
maximum of one [ll driveway to each separate parking
garage accessory to an individual dwelling unit for
each zoning lot to a maximum of two 121 separate
driveways.
D. Major Collector Street.
1. Parking Structures and Parking Lots. A maximum of one
[ll access driveway to a public right of way for each
individual street frontage shall be allowed for direct
vehicular access to or from an "major collector
street" [SRI on any zoning lot on which is located a
parking structure or a parking lot, except that such a
zoning lot with three hundred 13001 linear feet or
more of combined street frontage shall be allowed one
[11 access driveway for each one hundred fifty [1501
linear feet of combined street frontage.
Access driveways located on opposite sides of a major
collector street shall be aligned so as to form an
intersection, or such driveways shall be offset a min-
imum of seventy five [753 linear feet. However, where
such alignments or offsets would create an uneconomic
remnant of land, access driveways shall be located as
may be approved by the Development Administrator.
2. Parking Garages and Residential Parking Areas. A
maximum of one [11 access driveway to a public right
of way shall be allowed for direct vehicular access to
or from a major collector street on any zoning lot
which is located within a residence conservation
district and on which is located a parking garage or a
residential parking area; except for zoning lots on
which is located a "single family detached dwelling"
[SRI or a "two family dwelling" [SRI, which may have
two [21 access driveways for a circular driveway as
may be approved by the Development Administrator; and
217
except for zoning lots on which is located a two
family dwelling, which may have a maximum of one [l]
driveway to each separate parking garage accessory to
an individual dwelling unit for each zoning lot to a
maximum of two 121 separate driveways.
E. Collector Street and Local Street.
1. Parking Structures and Parking Lots. A maximum of one
Ci] access driveway to a public right of way for each
individual street frontage shall be allowed for direct
vehicular access to or from a "collector street" [SRI
or a "local street" [SRI on any zoning lot on which is
located a parking structure or a parking lot, except
that such a zoning lot with three hundred 13001 linear
feet or more of combined street frontage shall be
allowed one [13 access driveway for each one hundred
fifty 11503 linear feet of combined street frontage.
2. Parking Garages and Residential Parking Areas. A
maximum of one [1I access driveway to a public right
of way shall be allowed for direct vehicular access to
or from a collector street or a local street on any
zoning lot which is located within a residence conser-
vation district or within a residence district, and on
which is located a parking garage or a residential
parking area; except for zoning lots on which is lo-
cated a two family dwelling, which may have a maximum
of one [11 driveway to each separate parking garage
accessory to an individual dwelling unit for each
zoning lot to a maximum of two 121 separate driveways.
19.45.110 Size of Driveways.
The following regulations shall govern the size of
driveways:
A. Size of Driveways - Generally. "Driveways" [SRI to
"parking structures" [SRI and "parking lots" [SRI shall
have a minimum width of nine 191 feet for a one way ve-
hicular movement and a minimum width of eighteen 1181
feet for a two way vehicular movement, and a maximum
width as may be approved or required by the Development
Administrator in order to provide a safe and efficient
means of vehicular access.
B. Size of Driveways for Dwellings..
1. Single Family Driveways. In all residence conserva-
tion districts, a driveway for a "single family de-
tached dwelling" [SRI shall have a maximum width of
ten [101 linear feet at the right of way line or
"street lot line" CSR], and at the required "setback
218
line" [SRI from a street lot line; and in all other
zoning districts, a driveway for a "single family de-
tached dwelling" [SRI shall have a maximum width of
twenty 1207 linear feet at the right of way line or
street lot line, and at the required setback line from
a street lot line; except as follows:
Where an accessory "parking garage" [SRI is located
within ten [107 linear feet of the required setback
line from a street lot line, no driveway shall exceed
the width of the accessory parking garage plus an
additional driveway width of ten [107 feet at the re-
quired setback line from a street lot line to a maxi-
mum depth of twenty [207 linear feet tapering back to
a maximum width of twenty 120 linear feet at the
street lot line.
Off street "parking facilities" CSRI for single family
detached dwellings shall be limited in design and lo-
cation so as to require egress from the zoning lot to
a public right of way by means of reverse motion of
the vehicle, except such improved zoning lots which
only have access to an "arterial street" [SRI or a
" major collector street" [SRI. Such zoning lots may
have a circular driveway or a turn around driveway as
may be approved by the Development Administrator.
2. Two Family Driveways. In all RC3 Residence Conserva-
tion District, a driveway for a "two family dwelling"
[SRI shall have a maximum width of ten [101 linear
feet at the right of way line or "street lot line"
[SRI, and at the required "setback line" [SRI from a
street lot line; except where an accessory "parking
garage" CSRI is located within ten [107 linear feet of
the required setback line from a street lot line, no
driveway shall exceed the width of the accessory park-
ing garage plus an additional driveway width of ten
[107 feet at the required setback line from a street
lot line to a maximum depth of twenty [207 linear feet
tapering back to a maximum width of twenty 120 linear
feet at the street lot line.
In all other zoning districts, a driveway for a "two
family dwelling" [SRI shall have a maximum width of
twenty 1207 feet at the right of way line and at the
required setback line from a street lot line, and
there shall be a minimum three 131 linear foot sep-
aration between each driveway located on the same
zoning lot.
Off street "parking facilities" [SRI for all two fami-
ly dwellings shall be limited in design and location
so as to require egress from the zoning lot to a pub-
lic right of way by means of reverse motion of the ve-
219
hicle, except such improved zoning lots which only
have access to an "arterial street" [SRI or a "major
collector street" [SRI. Such zoning lots may have a
circular driveway or a turn around driveway as may be
approved by the Development Administrator.
3. Multiple Family Driveways. "Multiple family dwell-
ings" [SRI with accessory parking garages which are
located within ten [103 linear feet of the required
street yard setback line and which are limited in
design and location so as to require egress from the
zoning lot to a public right of way through reverse
motion of the vehicle shall have a maximum of one [13
driveway for each separate garage accessory to an
individual dwelling unit. No driveway shall exceed the
width of such accessory garage served or twenty 1203
linear feet, whichever is less, and there shall be a
minimum three 133 linear foot separation between each
driveway located on the same zoning lot. All other
driveways for multiple family dwellings shall be
subject to the provisions of Section 19.45.110 A. Size
of Driveways - Generally.
C. Setbacks. All driveways shall have a minimum "setback"
[SR3 of three 133 linear feet from an "interior lot line"
[SR3, excepting common or shared driveways as may be ap-
proved by the Development Administrator.
19.45.120 On Site Circulation.
A. Egress. Off street "parking structures" [SR3 and off
street "parking lots" [SR3 shall be designed so as to
require egress from the "zoning lot" [SR3 to a street by
forward motion of the vehicle.
B. Protected Driveways. For a zoning lot with an off street
parking lot, no "parking aisles" [SR3 or "parking stalls"
[SRI shall open directly on an access "driveway" [SRI
leading to or from a public right of way for a distance,
which ensures safety and efficiency. Twenty [203 linear
feet of driveway length between the "street lot line"
[SRI, and a "parking aisle" [SRI or a "parking stall"
[SRI shall be provided on the site for each fifty 1501
parking stalls contained within a off street parking lot,
or an equivalent vehicle stacking capability within the
egress lanes of the access driveway.
C. Driveway and Aisle Alignment. For a zoning lot with an
off street parking lot, access driveways to a public
right of way, interior driveways, and parking aisles
throughout the off street parking lot shall align as
closely as practicable in order to avoid three way on
220
site intersections and in order to encourage four way on
site intersections.
D. Access to Aisles. For a zoning lot with a parking struc-
ture or a parking lot, each off street parking stall
shall open directly on a parking aisle of such width and
design as to provide safe and efficient means of vehicu-
lar access to such parking stall.
E. Stacking Lanes. Motor vehicle stacking lanes for drive
through facilities shall be designed and located so that
the required minimum stacking space does not block or
interfere with the accessibility of approaches,
driveways, aisles, or stalls. "Drive through facilities"
[SRI shall provide a minimum of ten [101 stacking spaces
for the first window or service area, plus two 121 stack-
ing spaces for each additional window or service area.
Stacking spaces shall be a minimum of twelve [121 feet in
width and twenty [203 feet in length.
19.45.130 Parking Aisles and Stalls.
"Parking aisles" [SRI shall be a minimum of twenty two
[223 linear feet in width, or an equivalent for angle park-
ing. "Parking stalls" [SRI shall be a minimum of nine 193
linear feet in width by eighteen and one half 118.53 linear
feet in length, or an equivalent for angle parking.
19.45.140 Vehicle Use Area Setbacks and Landscape Yards.
Off street "parking lots" CSR3 and any other "vehicle
use area" [SRI shall be subject to the provisions for "ve-
hicle use area setbacks" [SRI and "vehicle use area land-
scape yards" [SRI contained in the, site design regulations
for the zoning district in which it is to be located.
19.45.150 Parking Lot Perimeter Curb.
Off street "parking lots" [SRI, access "driveways" [SRI
to or from a public right of way, and any other "vehicle use
area" [SRI, including expansions and separate additions
thereto, located on the same "zoning lot" [SRI and located
within a residence district, a residence conservation dis-
trict, a community facility district, a business district,
or the CI Commercial Industrial District; which contain
thirteen 1133 or more "parking stalls" [SRI, or an equiva-
lent surface area shall be defined with six 163 inch by
eighteen 1183 inch P.C. Concrete reinforced curb or an
equivalent in design and function as may be approved by the
City Engineer.
221
Such curb shall be located outside of and adjacent to all
"setbacks" [SRI so that no part of any vehicle within the
facility projects over the lot lines into adjoining proper-
ties or rights of way. Sections of depressed curb may be
provided for the purpose of facilitating snow removal as may
be approved by the City Engineer and the Development Admin-
istrator. Off street parking lots located within parks or
golf courses need not install perimeter curb.
19.45.160 Surfacing.
A. Approaches. Vehicular access to or from a public Right
of way shall be provided on a concrete approach and
"driveway" [SRI within a public right of way leading from
a "zoning lot" [SRI to an improved "alley" [SRI or
"street" [SRI. Asphalt approaches and driveways within a
public right of way may be provided from the property to
an unimproved alley or street as may be approved by the
City Engineer. The design of approaches and driveways
crossing a public right of way shall also be subject to
the provisions and requirements of Title 13, Streets and
Sidewalks; Chapter 13.08, Driveways.
S. Vehicle Use Areas. In all zoning districts, all "vehicle
use areas" [SRI including but not limited to "parking
stalls" [SRI, "parking aisles" [SRI, "driveways" [SRI, or
any other area on which motor vehicles are driven,
parked, or stored shall be improved with a minimum eight
[8I inch compacted gravel base with a two [2I inch as-
phaltic concrete overlay or an equivalent as may be ap-
proved by the City Engineer.
C. Exceptions. Off street parking lots located within parks
or golf courses shall be improved with a minimum eight
[8I inch compacted gravel base with a type A3 sealcoat
overlay or an equivalent as approved by the City
Engineer.
D. Off Street Parking Lots without Curb. Wherever a curb is
not required for an off street parking lot, the subbase
material shall be extended one [1I linear foot beyond the
edge of pavement as a -means of preventing deterioration
of the pavement, and authorized barriers may be installed
as a means of preventing vehicular encroachment into
adjoining properties and into public rights of way.
19.45.170 Islands at the End of Parking Rows.
The ends of "parking stall" [SRI rows, which adjoin a
"parking aisle" [SR) or a "driveway" [SRI shall be protected
by a curbed or striped island, which shall have a minimum
width of three 131 linear feet and a minimum length equal
to the length of the adjoining parking row.
19.45.180 Stormwater Control.
Stormwater control for off street parking facilities
shall be subject to the provisions of Title 18, Subdivi-
sions; Chapter 18.36, Stormwater Control. Surface water
shall be discharged into an adequate storm sewer system, or
alternate drainage system if storm sewer is not available.
Drainage shall not be permitted to flow directly across
sidewalks.
The intent of this section is to provide for the collection
of stormwater within the off street parking facility, out-
door display area, outdoor display lot, commercial opera-
tions yard, or any other similar facility versus the over-
land flow of water onto public rights of way or onto adjoin-
ing property. The City Engineer may require that the facil-
ities be designed with on site stormwater detention capabil-
ities where the existing storm sewer system has insufficient
capacity.
19.45.190 Striping and Markings.
"Parking stalls" ISRI,
traffic control symbols as
ment Administrator shall be
street "parking structures"
containing five 157 or more
parking facilities, as may
Administrator.
"driveway" [SRI lanes and other
may be required by the Develop -
striped and marked within off
[SRI and "parking lots" [SRI
parking stalls, and within other
be required by the Development
19.45.200 Traffic Control Signs.
Traffic control signs may be required for off street
"parking facilities" [SRI. Other "information signs" [SRI
directing and guiding automotive or pedestrian traffic or
parking on private property may be installed in conjunction
with a facility, subject to the provisions of Chapter 19.50,
Signs. Such signs shall not exceed four [41 linear feet in
height and shall not exceed eight 181 square feet in surface
area. There shall not be more than one [17 entrance or exit
sign for each entrance or exit.
223
19.45.210 Applicability.
The following paragraphs establish the applicability of
this chapter for off street "parking facilities" [SR3:
A. New Construction. For the new construction of a parking
facility, for the new construction of a "building" [SR)
on an undeveloped site, or for the complete redevelopment
of a site, full compliance with this chapter shall be
required.
B. Change in Use. For a "change in use" [SRI of an existing
building, the applicability of this chapter shall be as
follows:
1. With an Existing Parking Facility. With an existing
parking facility, partial compliance with this chapter
shall be required including Section 19.45.060 Required
Number of Parking Stalls, Section 19.45.090 Design
Regulations - Generally, Section 19.45.120 On Site
Circulation, Section 19.45.130 Parking Aisles and
Stalls, Section 19.45.190 Striping and Markings where
there is a concrete or asphaltic surface, and Section
19.45.200 Traffic Control Signs. If compliance with
said sections requires an additional parking facility
or the expansion of an existing parking facility, Sec-
tion 19.45.210 D. Additional Facility or Expansion
of an Existing Facility shall be applicable.
2. Without an Existing Parking Facility. Without an
existing parking facility, full compliance with this
chapter shall be required.
C. Building Addition / Additional Building. For the
structural expansion of an existing building and for the
new construction of an additional building on the same
"zoning lot" [SRI, the applicability of this chapter
shall be as follows::
1. Twenty Five Percent or Greater. Where the cumulative
gross "floor area" [SRI of the structural expansion of
the existing building and any additional building
constructed after August 6, 1984 is twenty five [253
percent or greater than the gross floor area of the
existing building or buildings, full compliance with
this chapter shall be required.
2. Less Than Twenty Five Percent. Where the cumulative
structural expansion of the existing building and any
additional building constructed after August 6, 1984
is less than twenty five [253 percent of.the gross
floor area of the existing building or buildings,
partial compliance with this chapter shall be required
including Section 19.45.060 Required Number of Parking
224
Stalls and, if applicable, Section 19.45.210 D. Addi-
tional Facility or Expansion of an Existing Facility.
D. Additional Facility or Expansion of an Existing Facility.
For the addition of a parking facility or the expansion
of an existing parking facility required due to Section
19.45.210 B. Change in Use or required due to Section
19.45.210 C. Building Addition / Additional Building,
full compliance with this chapter shall be required for
the existing parking facility, the additional parking
facility, and the expanded portion of the parking facili-
ty.
If an additional parking facility or an expanded parking
facility is not required by this chapter, and the proper-
ty owner or the occupant desire an additional parking fa-
cility or desire to expand an existing parking facility,
full compliance with this chapter shall be required for
the existing parking facility, the additional parking
facility, and the expanded portion of the parking facili-
ty; except that compliance with Section 19.45.060 Re-
quired Number of Parking Stalls shall not be required
provided that the total number of available parking
stalls has not decreased.
E. Substandard Facilities - Zoning Change. For all existing
substandard facilities established prior to June 27, 1973
and not in compliance with the surfacing regulations of
this chapter, full compliance with this chapter shall be
required prior to its use or occupancy subsequent to a
change in the zoning classification of the property on
which the facility is located.
F. Substandard Facilities - Public Nuisance.
1. Declaration. For all existing substandard facilities
established prior to June 27, 1973 and not in compli-
ance with the surfacing regulations of this chapter,
and if such facilities are declared to be a public
nuisance, or if the property owner or occupant desires
to pave or substantially reconstruct the existing fa-
cility, full compliance with this chapter shall be re-
quired.
2. Definition. A
not limited to
public health,
onto adjoining
streets, or ad
cess or on sit
onto adjoining
public nuisance shall include but is
the generation of dust affecting the
safety and welfare; stormwater runoff
property; erosion onto sidewalks,
joining property; unsafe vehicular ac-
e circulation; or vehicular encroachment
property.
PWM
19.45.220 Site Plan and Construction Permit.
No construction, maintenance, or repair of off street
"parking facilities" [SR] or any "vehicle use area" CSR]
shall commence prior to the submission of a site plan and
the approval of the site plan by the City Engineer and the
Development Administrator, nor prior to the issuance of a
construction permit by the City Engineer.
19.45.230 Occupancy Permit.
A. Occupancy Permit - Generally. An occupancy permit shall
be issued by the Code Enforcement Officer prior to the
occupancy and use of any off street parking facility. An
occupancy permit shall not be issued until all work on
the off street parking facility specified in the approved
site plan has been completed.
B. Temporary Occupancy Permit. In the event that material
shortages, labor strikes, or seasonal limitations prevent
the completion of an off street parking facility although
all other required work has been completed, a temporary
occupancy permit may be requested.
For the phased occupancy of a multiple tenant development
with common off street parking facilities and where the
required number of parking stalls, access, on site cir-
culation, and surfacing requirements in support of the
unit to be occupied have been met, a temporary occupancy
permit may be requested.
A request for a temporary occupancy permit shall be sub-
mitted by the owner of the parking facility to the Code
Enforcement Officer together with a monetary assurance
approved by the Corporation Counsel in an amount equal to
one hundred twenty five [125] percent of the estimated
cost of the remaining work, as approved by the City Engi-
neer.
If the Development Administrator finds that the comple-
tion of the required work can not be completed due to
material shortages, labor strikes, seasonal limitations,
or phased occupancy, he may authorize the Code Enforce-
ment Officer to issue a temporary occupancy permit for a
period not to exceed twelve [121 months. Should the own-
er fail to complete the required work within the speci-
fied period of time, the city may retain the monetary
assurance as a penalty.
226
19.45.240 Authorized Variations.
Variations from the regulations of this chapter may be
granted only in conformance with the provisions of Chapter
19.70 Variations and only in the following instances and no
others. No variation shall be granted unless it can be
demonstrated that an off street "parking facility" [SRI
cannot be developed so as to comply with the requirements
and regulations of this chapter due to the unique size,
shape, or topography of the applicable "zoning lot" [SRI:
A. Shared Parking Facility. To permit a "parking facility"
[SRI or a portion thereof to serve as the required number
of "parking stalls" [SRI for more than one use, provided
that it is factually demonstrated that time differences
in the activity patterns or peak demand periods of the
several uses do not exceed the total number of available
parking stalls. The property owner shall submit an anal-
ysis using a methodology approved by the Development Ad-
ministrator. In such cases, the Development Administra-
tor shall cause a copy of the granted variation along
with any restrictions to be filed in the Office of the
Recorder of Deeds at the exp .se of the property owner.
B. Reduction of Stalls, Aisles, Setbacks, and Islands. To
permit a reduction, in the required minimum number of
parking stalls, a reduction in the required minimum size
of parking stalls and aisles, a reduction in the required
minimum size of parking lot or driveway setbacks, or a
reduction in the required minimum size of islands at the
ends of parking rows.
C. Increase of Driveways. To permit an increase in the max-
imum dimensions of a driveway to a dwelling.
19.45.250 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.70, Appeals.
227
Chapter 19.47
OFF STREET LOADING
Sections:
19.47.010 Purpose and Intent.
19.47.020 Supplementary Regulations.
19.47.030 Location.
19.47.040 Space Allocated.
19.47.050 Use.
19.47.060 Berth Access.
19.47.070 Berth Size.
19.47.080 Design Regulations.
19.47.090 Required Number of Loading Berths.
19.47.100 Table of Required Loading Berths.
19.47.110 Authorized Variations.
19.47.120 Appeals.
19.47.010 Purpose and Intent.
The purpose and intent of the provisions for off street
loading is to establish the minimum number of required off
street loading berths and minimum design requirements for
off street loading facilities associated with the use of any
land, building, or structure which is to be established, e-
rected, extended or enlarged, and which require the receipt
or distribution of materials or merchandise by truck or sim-
ilar vehicles.
19.47.020 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.47.030 Location.
All off street "loading facilities" [SRI shall be lo-
cated on the same "zoning lot" [SRI as the "land use" [SRI
to be served. Loading berths for vehicles with two tons of
capacity or more shall he located at least fifty 1501 linear
feet from any residence conservation district or residence
district. Approaches to off street loading facilities shall
be located at least twenty five 1253 linear feet from the
nearest point of intersection of any two 12I streets.
228
19.47.040 Space Allocated.
Space allocated to any off street loading berth shall
not, while so allocated, be used to satisfy the space re-
quirements for any off street "parking facilities" [SRI or
portions thereof.
19.47.050 Use.
No storage of any kind, nor motor vehicle repair work or
service of any kind, shall be permitted within any required
loading berth.
19.47.060 Berth Access.
Each required off street loading berth shall be designed
with an appropriate means of vehicular access to a "street"
[SRI or "alley" [SRI in a manner which will least interfere
with traffic movements within the adjoining public rights of
way, and shall be subject to the approval of the City
Engineer and the Development Administrator.
19.47.070 Berth Size.
Unless otherwise specified in this chapter, a required
off street loading berth shall be at least ten [10] linear
feet in width by at least twenty five [253 linear feet in
length, exclusive of aisle and maneuvering space, and shall
have vertical clearance of at least fourteen 1143 linear
feet.
19.47.080 Design Regulations.
All "vehicle use areas" [SRI associated with off street
"loading facilities" [SRI shall comply with the provisions
of the following sections of Chapter 19.45, Off Street
Parking:
Sectior, 19.45.100
Section 19.45.140
Sectior, 19.45. 150
Section 19.45.160
Section 19.45.180
Section 19.45.190
Sectior, 19.45.200
Sectior, 19.45.220
Section 19.45.230
Access to a Public Right of Way.
Parking Lot Setbacks.
Parking Lot Perimeter Curb.
Surfacing.
Stormwater Control.
Striping arid Markings.
Traffic Control Signs.
Site Plan and Construction Permit.
Occupancy Permit.
229
19.47.090 Required Number of Loading Berths.
The required number of off street loading berths shall
be provided for all land uses as listed in Section 19.47.100
Table of Required Loading Berths, prior to the issuance of
an occupancy permit. Where there is more than one use as
listed in the table located on any land or within any
building, the required number of off street loading berths
shall be provided for each use.
19.47.100 Table of Required Loading Berths.
Land Use Gross Floor Area Required Number -
in Square Feet Minimum Berth Size
A. Auditoriums. > 10,000. 1 - 10' x 35'.
> 20,000. 1 - 10' r. 50'.
Per 100,000, 1 - 10' x 50'.
or fraction
thereof.
B. Offices, banks,
Amusements, and
Community Facilities.
> 10,000.
Per 100,000,
or fraction
thereof.
1 -
1 -
10'
10'
x
s:
35'.
35'.
C. Hotels, Clubs,
> 10,000.
1 -
10'
x
35'.
and Lodges.
> 20,000.
1 -
10'
x
50'.
Per 150,000,
1 -
10'
x
50'.
or fraction
thereof.
D.Manufacturing.
> 5,000, but
1
- 10'
x
35'.
< 40,000.
> 10,000.
1
- 10'
X
50'.
40,000, but
2
- 10'
x
50'.
< 100,000.
Per 100,000,
1
- 10'
x
50'.
or fraction
thereof.
230
E. Retail, Repair,
Restaurants,
and Services.
> 5, 000, but
< 10, 000.
10, 000, but
< 40, 000.
40,000, but
< 100,000.
Per additional
100, 000, or
fraction thereof.
1 - 10' x 35'.
2 - 10' x 50'.
3 - 10' x 50'.
1 - 10' x 50'.
F. Other Uses. A number of loading berths as
approved by the Development
Administrator based on the same
criteria in this section for the
most similar use.
> = greater than < = less than ' = feet
19.47.110 Authorized Variations.
Variations from the regulations of this chapter may be
granted only in conformance with the provisions of Chapter
19.70, Variations and only in the following instance and no
others:
To permit a reduction in the required number of off
street loading berths.
19.47.120 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
231
Chapter 19.50
SIGNS
Sections:
19.50.010 Purpose and Intent.
19.50.020 Supplementary Regulations.
19.50.030 Conformance to Provisions.
19.50.040 Signs within the Public Right of Way.
19.50.050 Signs Prohibited.
19.50.060 Signs Regulated without a Permit.
19.50.070 Allowable Signs by Zoning District.
19.50.080 Size, Number, and Location of Signs - Generally.
19.50.090 Size, Number, and Location of Signs.
19.50.100 Sign Area and Sign Height Computations.
19.50.110 Design, Construction, and Maintenance
19.50.120 Existing Unlawful Signs.
19.50.130 Existing Lawful Signs.
19.50.140 Sign Permits.
19.50.150 Common Signage Plans.
19.50.160 Variations.
19.50.170 Appeals.
19.50.010 Purpose and Intent.
The purpose and intent of the provisions for signs
is to encourage the effective use of signs as a means of
communication in the city; to maintain and enhance the
aesthetic environment and the city's ability to attract
sources of economic growth and development; to promote
vehicular and pedestrian traffic safety; to minimize the
possible adverse effect of signs on nearby property; and to
promote the purpose and intent of this title.
19.50.020 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.50.030 Conformance to Provisions.
A "sign" [SR] may be erected, placed, established,
painted, constructed, altered, maintained, or relocated in
232
the city only in conformance with the provisions of this
chapter.
19.50.040 Signs within the Public Right of Way.
A. Exempted Signs. Nothing in this section shall apply to
the installation and maintenance of the following "signs"
[SRI within a public right of way: street and traffic
signs or public information signs installed by or at the
direction of the appropriate public body; road or utility
construction, signs; signs or "banners" [SRI on a perma-
nent or temporary basis approved by the City Council; or
the painting of house numbers on curbs in accordance with
the provisions of this code.
B. Prohibited Signs. No person shall paint, mark, write,
post, affix, erect, or install any sign on any land,
structure, building, fixture, or vegetation located
within a public right of way.
19.50.050 Signs Prohibited.
The following "signs" [SRI or sign characteristics are
expressly prohibited, excepting similar signs or sign char-
acteristics specifically allowed by another section of this
chapter: "animated signs" [SRI, "attention getting devices"
[SRI, "beacons" [SRI, "flashing signs" [SRI, inflatable
signs and tethered balloons, "painted wall signs" [SRI,
"pennants" [SRI, "projecting signs" [SRI, "portable signs"
[SRI, "festoon lighting illumination" [SRI, graffiti, "roof
signs" [SRI, "unsafe signs" [SRI, "obsolete signs" [SRI, and
"vehicle signs" [SRI.
19.50.060 Signs Regulated without a Permit.
The following "signs" [SRI shall be allowed without a
permit or a fee, and without their size or number affecting
the size and number of signs otherwise allowed in conform-
ance with the provisions of this chapter, provided that such
signs conform to all of the applicable provisions of this
chapter, title, and code: "contractor signs" [SRI, "con-
struction project signs" [SRI, "garage sale signs" [SRI,
"historic marker" [SRI, "holiday decorations" [SRI, "no
trespassing signs" [SRI, "political campaign signs" [SRI,
"public signs" [SRI, "real estate signs" [SRI, "interior
signs" [SRI, "public utility signs" [SRI, and "window
displays" [SRI.
233
19.50.070 Allowable Signs by Zoning District.
The allowable types of signs and sign characteristics
for each zoning district shall be subject to the provisions
of this section.
A. Residence and Residence Conservation Districts. The fol-
lowing "freestanding signs" [SRI and "wall signs" [SRI
shall be the only signs allowed in the SFR1 Single Family
Residence District, the SFR2 Single Family Residence
District, the TFR Two Family Residence District, the MFR
Multiple Family Residence District, the RCI Residence
Conservation District, the RC2 Residence Conservation
District, and the RC3 Residence Conservation District,
with the noted exceptions:
1. Freestanding Signs. The allowable freestanding signs
shall be as follows:
a. "Flags [SRI.
b. "Information Signs [SRI shall be allowed only in
the MFR Multiple Family Residence District.
c. "Development Signs" [SRI.
2. Walla Signs. The allowable wall signs shall be as
follows:
a. "Building Markers" [SRI.
b. "Canopy Signs" [SRI shall be allowed only in the
MFR Multiple Family Residence District.
c. Development Signs.
d. "Identification Signs" [SRI.
B. Community Facility, Business, and Industrial Districts.
The following "freestanding signs" [SRI, "wall signs"
[SRI, and sign characteristics shall be the only signs
and
sign characteristics allowed in the CF Community Facility
District, the RE Residence Business District, the NB
Neighborhood Business District, the AB Area Business Dis-
trict, the CCI Center City District, the CC2 Center City
District, the ORI Office Research Industrial District,
the GI General Industrial District, and the CI Commercial
Industrial District, with the noted exceptions:
1. Freestanding Signs. The allowable freestanding signs
shall be as follows:
a. Flags.
b. Information Signs.
c. Development Signs shall be allowed only in the ORI
Office Research Industrial District and the GI
General Industrial District.
234
d. "Menu Board Signs" [SR) shall be allowed only in
the NB Neighborhood Business District, the AS Area
Business District, CC2 Center City District, and CI
Commercial Industrial District.
e. "Temporary Signs" [SR).
[1) "Banners" [SR).
[2) "Portable Signs" [SR) shall be allowed only in
the CF Community Facility District, the AS Area
Business District, and the CI Commercial
Industrial District.
f. Other Freestanding Signs.
2. Wall Signs. The allowable wall signs shall be as
follows:
a. "Building Markers" [SR).
b. "Canopy Signs" [SR).
c. "Development Signs" [SR).
d. "Flags" [SR).
e. "Identification Signs" [SR).
f. "Information Signs" CSR).
g. "Integral Roof Signs" [SR) shall be allowed only in
the NB Neighborhood Business District, the AS Area
Business District, the CC2 Center City District,
and the CI Commercial Industrial District.
h. "Marquee Signs" [SR) shall be allowed only in the
CF Community Facility District, CCI Center City
District, and the CI Commercial Industrial Dis-
trict.
i. "Menu Board Signs" [SR) shall be allowed only in
the NB Neighborhood Business District, the AS Area
Business District, CC2 Center City District, and CI
Commercial Industrial District.
j. "Suspended Signs" [SR) shall be allowed only in the
NB Neighborhood Business District, the AS Area
Business District, the CCI Center City District,
the CC2 Center City District, and the CI Commercial
Industrial District.
k. "Temporary Signs" CSR).
[1) "Banners" [SR).
[2) "Portable Signs" [SR) shall be allowed only in
the CF Community Facility District, the AB Area
Business District, and the CI Commercial Indus-
trial District.
1. Other "Building Signs" CSR).
m. "Promotional Window Signs" CSR) shall be allowed
only in the CF Community Facility District, the RB
Residence Business District, the NB Neighborhood
Business District, the AS Area Business District,
the CCI Center City District, the CC2 Center City
District, and the CI Commercial Industrial Dis-
trict.
235
3. Sign Characteristics. The allowable sign
characteristics shall be as follows:
a. "Changeable Copy" [SRI shall be allowed only in the
CF Community Facility District, the NB Neighborhood
Business District, the AS Area Business District,
the CCI Center City District, the CC2 Center City
District, and the CI Commercial Industrial Dis-
trict.
b. "Electronically Driven Message" [SRI shall be
allowed only in the AS Area Business District, the
CCI Center City District, and the CC2 Center City
District.
c. "External Illumination" [SRI.
d. Neon.
19.50.060 Size, Number, and Location of Signs - Generally.
A. Freestanding Sign Display. No "freestanding sign" [SRI
shall be displayed on a "zoning lot" [SRI unless there is
a "principal building" [SRI on the premises, and unless
off street parking is provided on the premises or unless
all "buildings" [SRI on the zoning lot are "setback" [SRI
at least fifteen [153 feet from the adjoining public
right of way.
B. Distance Between Freestanding Signs. A one hundred 11003
linear foot separation shall be maintained between all
freestanding signs, wherever physically possible, meas-
ured parallel to the direction of travel on the adjoining
street.
C. Freestanding Sign Setback. No portion of a freestanding
sign shall project over or into a required sign setback
from a "street lot line". In no case shall the height of
a freestanding sign exceed the setback of such sign from
a residence district or residence conservation district.
D. Building Signs and Architectural Features. No "building
sign" [SRI shall cover or interrupt major architectural
features, such as doors, exits, and windows.
E. Building Sign Projections. No building sign shall pro-
ject more than twelve 1121 inches from the surface to
which it is attached.
F. Vertical Clearance. "Banner signs" [SRI, "canopy signs"
[SRI, "marquee signs" [SRI, and "suspended signs" [SRI
shall have a minimum vertical clearance of nine 19I lin-
ear feet from a sidewalk or a private driveway, and shall
have a minimum vertical clearance of seventeen [173 lin-
ear feet from a private street.
236
G. Reallocation of Allowable Signage Prohibited. The allow-
able number of signs and surface area of signs allocated
to an individual building face, front of the tenant
space, or street frontage shall not be reallocated to
another building face, front of the tenant space, or
street frontage.
19.50.090 Size, Number, and Location of Signs.
The size, number, and location of signs for each zoning
district shall be subject to the provisions of this section.
A. Freestanding Signs.
1. Maximum Number. In the CF Community Facility District,
the RB Residence Business District, the NB Neighbor-
hood Business District, the AB Area Business District,
the CCI Center City District, the CC2 Center City Dis-
trict, the ORI Office Research Industrial District,
the GI General Industrial District, and the CI Commer—
cial Industrial District, the maximum number of "free-
standing signs" [SR] shall be either one [i] sign for
each "zoning lot" [SR], or one [1] sign for each one
hundred fifty [150] linear feet of street frontage on
the same public right of way for each zoning lot.
2. Maximum Surface Area. In the NB Neighborhood Business
District, the AB Area Business District, the CCI Cen-
ter City District, the CC2 Center City District,the
ORI Office Research Industrial District, the GI Gener-
al Industrial District, and the CI Commercial Indus-
trial District, the maximum surface area of a free-
standing sign shall be eighty [80] square feet.
Where there is three hundred 13001 linear feet or more
of street frontage on the same public right of way,
the maximum surface area of a freestanding sign shall
be eighty [80] square feet, plus an additional eighty
[80] square feet for each allowable freestanding sign,
which is not erected, but no individual freestanding
sign shall exceed one hundred sixty [160) square feet.
In the CF Community Facility District, the maximum
surface area of a freestanding sign shall be sixty
[60] square feet.
In the RB Residence Business District, the maximum
surface area of a freestanding sign shall be forty
[40] square feet.
3. Maximum Height. In the NB Neighborhood Business Dis-
trict, the AB Area Business District, the CC1 Center
City District, the CC2 Center City District,and the CI
237
Commercial Industrial District, the maximum height of
a freestanding sign shall be twenty two [22] linear
feet.
In the CF Community Facility District, the RB Resi-
dence Business District, the ORI Office Research In-
dustrial District, and the GI General Industrial Dis-
trict, the maximum height of a freestanding sign shall
be ten [10] linear feet.
4. Minimum Setback. In the CF Community Facility Dis-
trict, the RB Residence Business District, the NB
Neighborhood Business District, the AB Area Business
District, the CCI Center City District, the CC2 Center
City District,the DRI Office Research Industrial Dis-
trict, the GI General Industrial District, and the CI
Commercial Industrial District, the minimum setback
for a freestanding sign from a public right of way
shall be one 117 linear foot for each ten [10] square
feet of sign surface area, which exceeds eighty [80]
square feet.
B. Wall Signs.
1. Maximum Number. In the NB Neighborhood Business Dis-
trict, the AB Area Business District, the CCI Center
City District, the CC2 Center City District, the ORI
Office Research Industrial District, the GI General
Industrial District, and the CI Commercial Industrial
District, the maximum number of wall signs shall be
two [2] on each store front [tenant space] located on
the ground floor of a building or two [2] on each
building face, which does not have two [2] or more
store fronts located on the ground floor.
In the CF Community Facility District and the RB Res-
idence Business District, the maximum number of wall
signs shall be one [11 on each store front [tenant
space] located on the ground floor of a building, or
one [1] on each building face, which does not have two
[2] or more store fronts located on the ground floor,
for each street frontage on a different public right
of way.
2. Maximum Surface Area. In the CF Community Facility
District, the RB Residence Business District, the NB
Neighborhood Business District, the AB Area Business
District, the CC1 Center City District, the CC2 Center
City District, the ORI Office Research Industrial Dis-
trict, the GI General Industrial District, and the CI
Commercial Industrial District, the maximum surface
area for all wall signs on each building face or store-
front
torefront [tenant space] for each different street front-
age shall not exceed three 131 times the linear
238
footage of the building face or store front [tenant
space] on which the wall sign is maintained, nor the
following maximums for surface area, whichever is
less:
a. Eighty [803 square feet where the building setback
from the closest perpendicular or approximately
perpendicular street is less than one hundred [1003
feet;
b. One hundred twenty 11203 square feet where the
building setback from the closest perpendicular or
approximately perpendicular street is one hundred
[100] feet or more, but less than two hundred 12003
Feet;
c. Two hundred forty [2403 square feet where the
building setback from the closest perpendicular or
approximately perpendicular street is two hundred
12003 feet, but less than four hundred [400] feet;
d. Four hundred eighty 14803 square feet where the
building setback from the closest perpendicular or
approximately perpendicular street is four hundred
14003 feet or more.
19.50.100 Sign Area and Sign Height Computations.
A. Surface Area of Individual Signs. The surface area of an
individual "sign" [SRI shall be the total exposed surface
devoted to the street graphic's message including all
ornamentation, embellishment, and symbols, but excluding
the supporting structure which does not form part of the
sign proper or of the display. The surface area of an
individual sign shall be computed by the customary, ap-
plicable mathematical formula for the shape of the sign
face including copy, background, and any frame or boxed
display. In the case of irregularly shaped signs, or
signs composed of separate letters or characters con-
nected in meaning, the surface area shall be determined
by computing the area lying within straight lines con-
necting the extreme projections, corners, or edges of the
letters, characters, symbols, and other figures composing
the sign taken as a whole.
B. Surface Area of Multifaced Signs. The surface area
for a sign with more than one face shall be computed by
adding together the area of all sign faces visible from
any one point. Where two identical sign faces are placed
back to back and parallel, so that both faces cannot be
viewed from any point at the same time, and where such
sign faces are part of the same sign structure and are
not more than forty two 1423 inches apart as measured
239
from the farthest projections, the sign area shall be
computed by the measurement of one of the faces. Where a
sign has two or more display faces of unequal dimensions,
the area of the largest face shall determine the sign
surface area.
C. Height of Signs. The height of a sign shall be computed
as the distance from the normal grade at the base of the
sign to the top of the highest attached component of the
sign. Normal grade shall be construed to be the existing
grade prior to construction or the newly established
grade after construction, exclusive of any filling, berm-
ing, mounding, or excavating solely for the purpose of
locating the sign, whichever is lower. In cases in which
the normal grade cannot reasonably be determined, sign
height shall be computed on the assumption that the elev-
ation of the normal grade at the base of the sign is e-
qual to the elevation of the nearest point of the crown
of a public street or the grade of the land at the prin-
cipal entrance to the "principal building" [SRI on the
"zoning lot" [SRI, whichever is lower.
19.50.110 Design, Construction, and Maintenance.
A. Title 16 Buildings and Construction. All "signs" [SRI
shall be designed, constructed, and maintained in con-
formance to the provisions of Title, 16 Buildings and
Construction.
B. Structure and Support. All signs shall be of such design
that all framework for the lateral support of the sign
shall be contained within the sign's body or within the
structure of the building to which it is attached in such
a manner as not to be visible to any person. A sign
shall be of such design that it free of any exposed
bracing, angle iron, guy wires, cables, and so forth.
19.50.120 Existing Unlawful Signs.
Where a "sign" [SRI has not been established lawfully
prior to the effective date of this title, or prior to any
subsequent amendment hereto, such sign is hereby deemed
lawful, provided that it complies with all of the provision
of this title. However, if such sign does not conform to
all of the provisions of this title, such sign remains un-
lawful hereunder.
19.50.130 Existing Lawful Signs.
A. Conformance to Previous Regulations. Any "sign" [SRI
which does not conform to all of the provisions of this
240
chapter, but such sign was established lawfully prior to
the effective date of this title or prior to any
subsequent amendment hereto to which such sign is not in
conformance, such lawfully established sign shall be
regarded as nonconforming.
B. Nonconforming Signs. Nonconforming signs may continue to
be utilized subject to the following regulations:
1. No nonconforming sign shall be expanded; altered in
any manner so as to prolong the life of the sign; or
changed in any manner to another nonconforming sign,
except that the copy, message, or graphic on a
nonconforming sign may be changed, as well as that
minimal nonstructurally supporting component of the
sign surface on which the copy, message, or graphic is
affixed, which must be replaced in order to affect
such a change to the copy, message, or graphic.
2. No nonconforming sign shall be reused subsequent to
becoming an obsolete sign for thirty [303 consecutive
days.
3. No nonconforming sign shall be reestablished
subsequent to its discontinuance for thirty 1303
consecutive days.
4. No nonconforming sign shall be relocated in whole or
in part to any other location unless such sign
conforms to all of the provisions of this title.
5. No nonconforming sign shall be reestablished
subsequent to damage or destruction in an amount
exceeding fifty 1503 percent of the estimated initial
value of such sign.
19.50.140 Sign Permits.
A. Permits Required. No sign shall be erected, constructed,
relocated, altered, or changed in any manner prior to the
issuance of a sign permit by the Code Enforcement Offi-
cer, except such signs which are exempted by Section
19.50.060 Signs Regulated without a Permit. Routine
sign maintenance shall not be considered a change or an
alteration provided that the routine maintenance does not
cause such sign to become nonconforming.
B. Permit Application. An application for a sign permit
shall include the following information:
1. Site Plan. A site plan showing the locations of all
"structures" [SRI, "buildings" [SRI, "vehicle use ar-
eas" [SRI, approaches, landscaped areas, and the loca-
241
tion with dimensions of all existing and proposed
signs in relation to property lines, structures,
buildings, and rights of way associated with the "zon-
ing lot" [SR] on which the sign is to be located.
2. Sign Sketch. A sketch with dimensions of all existing
and proposed signs referencing their location an the
site plan and a list of all existing and proposed
signs specifying type, size, and number.
19.50.150 Master Signage Plan.
"Master signage plans" CSR] may be established to pro-
vide an opportunity for a creative approach to signage which
may not conform to all of the provisions of the other sec-
tions of this chapter. Master signage plans shall be sub-
ject to the provisions Chapter 19.65, Conditional Uses and
this section.
A. Standards. No allowable departure from the requirements
of this chapter shall be granted unless it has been found
that the requested departures are mitigated through an
equivalent and more restrictive application of other reg-
ulations of this title or chapter. The standards for
conditional uses listed Chapter 19.65, Conditional Uses,
Section 19.65.030 Standards need not be considered.
B. Allowable Departures. Allowable departures from the oth-
er sections of this chapter, which may be granted through
a master signage plan may include the number of signs,
the location, of signs, or any other sign characteristic.
C. Required Documentation. A Master Signage Plan shall
contain the following documentation:
1. Site Plan. A site plan showing the locations of all
structures, buildings, parking lots, driveways, land-
scaped areas, and the location with dimensions of all
existing and proposed signs in relation to structures,
buildings, property lines, and rights of way associat-
ed with the zoning lot. The site plan shall be drawn:
at a graphic engineering scale of not less than one
[1] inch equals fifty [50] feet.
2. Sign Sketch. A sketch with dimensions of all existing
and proposed signs referencing their location on the
site plan and a list of all signs specifying type,
size, and number.
3. Statement of Purpose and Conform®nae. A specific
written statement addressing the nature of and the
reasons for the requested master signage plan and
242
demonstrating conformance to the standards for master
signage plans.
4. Other Required Documents. The required documents for
a conditional use pursuant to Chapter 19.65, Condi-
tional Uses, Section 19.65.040 Required Documents, ex-
cept the statement of purpose and conformance, and the
site plan.
D. Conformance to Plans. Subsequent
master signage plan, no sign shall
painted, or maintained, except in
plan. The master signage plan may
to the provisions of this section.
19.50.160 Authorized Variations.
to the approval of a
be erected, placed,
conformance to such
be amended, subject
Variations from the regulations of this chapter may be
granted only in conformance to the provisions of Chapter
19.70, Variations, only in conformance to the following
additional standards, and only in the following instances
and no others:
A. Additional Standards. In addition to the standards pro-
vided in Chapter 19.70, Variations, Section 19.70.030
Standards, the granting of a sign variation shall be con-
tingent on the extent to which affirmative findings are
made with respect to one or more of the following stan-
dards:
1. Physical Surroundings. That the variation should be
based on the existence of unique physical surround-
ings, shape, or topographical conditions of the "zon-
ing lot" [SR] involved, which bring a particular hard-
ship on the owner;
2. Reasonable Alternative. That the variation should be
based on there being no other reasonable alternative,
which would conform to the provisions of this chapter;
or
3. Historic District. That the variation should be based
on compatibility with the significant architectural
features of a designated landmark or property located
within a designated historic district pursuant to the
provisions of Title 20, Designation and Preservation
Of Historically and Architecturally Significant Prop-
erty.
243
B. Authorized Sign Variations.
1. Surface Area. To permit an increase in the maximum
sign surface area in an amount not to exceed twenty
[201 percent of the allowable maximum.
2. Height. To permit an increase in the maximum height
of a freestanding sign in an amount not to exceed
twenty 1223 percent of the allowable maximum.
3. Other Sign Characteristics. To permit a departure
from the requirements regulating other sign character-
istics, excluding the maximum allowable number of
signs.
19.50.170 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
244
Chapter 19.52
NONCONFORMING USES AND STRUCTURES
Sections:
19.52.010 Purpose and Intent.
19.52.020 Supplementary Regulations.
19.52.030 Nonconforming Uses.
19.52.040 Nonconforming Structures.
19.52.050 Appeals.
19.52.010 Purpose.
The purpose of this chapter is to
for the continuation, of certain uses
not conform to the provisions of this
date or which become nonconforming as
quent amendments to this title.
19.52.020 Supplementary Regulations.
establish regulations
and structures which do
title or, its effective
the result of subse-
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.52.030 Nonconforming Uses
A. Authority to Continue. Any "nonconforming use" [SRI of
land, or of all or part of a "structure" [SRI may be con-
tinued subject to the provisions of this chapter.
B. Operation. A nonconforming use shall be subject to the
provisions of Title 9, Health and Safety and any subse-
quent amendments thereto.
C. Relocation. A nonconforming use shall not be relocated
in whole or in part to any other location on the same
property or to any other property unless the nonconform-
ing use complies with all of the regulations of the zon-
ing district into which it relocates.
D. Change in Use. A nonconforming use of land shall not be
changed to any other use except to a "land use" [SRI,
specifically enumerated in the list of permitted uses for
the zoning district in which the land is located. A non -
245
conforming use of a structure, which has not been aban-
doned may be changed to another nonconforming use, which
is specifically enumerated in the list of permitted uses
for the same zoning district in which the original use is
listed as a permitted use, or it may be changed to a non-
conforming use permitted in a more restrictive zoning
district provided that the associated structure is de-
signed and intended for a use not permitted in the dis-
trict in which it is located and subject to the provi-
sions of Chapter 19.70, Variations and Section 19.10.500
Authorized Land Use Variations.
E. Expansion. A nonconforming use shall not be extended,
expanded, enlarged, or increased in any manner including
but not limited to the following:
1. A nonconforming use shall not be expanded to any land
area or structure not occupied by such nonconforming
use on the effective date of this title including any
use which is rendered nonconforming by a subsequent
amendment to this title.
2. A nonconforming use shall not be expanded within a
structure to any portion of the floor area that was
not occupied by such nonconforming use on the effec-
tive date of this title including any use which is
rendered nonconforming by a subsequent amendment to
this title. A use permitted in the district in which
it is located may expand in a "nonconforming struc-
ture" [SRI.
F. Structures. A structure which is designed and intended
for a use permitted in the zoning district in which it is
located and occupied by a nonconforming use may be main-
tained, repaired, altered, or enlarged provided that
the nonconforming use shall not be expanded, and provided
that the maintenance, repair, alteration, or enlargement
of the structure shall comply with the regulations of the
zoning district in which it is located and with the pro-
visions of the other titles of this code.
G. Abandonment. A nonconforming use of any land or struc-
ture including any accessory uses, shall not be reestab-
lished subsequent to abandonment through a discontinua-
tion of use for one hundred eighty [1807 consecutive
days, regardless of any reservation of an intent to rees-
tablish such nonconforming use. Any subsequent use of
such land or structure shall comply with the regulations
of the zoning district in which it is located and with
the provisions of the other titles of this code.
H. Damage or Destruction. in the event that any structure
which is devoted in whole or in part to a nonconforming
use is damaged or destroyed by any means to the extent of
246
more than fifty (50) percent of the fair market value of
such structure immediately prior to such damage, the
structure shall not be restored unless the structure, and
the use thereof shall thereafter conform to all of the
regulations of the zoning district in which they are lo-
cated and to the provisions of the other titles of this
code.
In the event that the damage or destruction, to such
structure is less than the aforementioned criterion, the
structure may be restored and used for the same purposes
as it was before the damage or destruction, provided that
such restoration is completed within twelve [123 months
of the date of the damage or destruction.
The methodology for determining the extent of damage with
regard to fair market value shall be as approved by the
Development Administrator.
19.52.040 Nonconforming Structures.
A. Authority to Continue. Any "nonconforming structure"
[SRI may continue subject to the provisions of this
chapter.
B. Relocation. A nonconforr,:ir.c structure shall not be
relocated in whole or in : to any other location on
the same property or to cher property unless the
nonconforming structure complies with all of the pro-
visions of this title and code.
C. Maintenance, Repair, Alteration, and Enlargement.
1. A nonconforming structure which is designed or in-
tended for a use that is not permitted in the zoning
district in which it is located may be maintained or
repaired subject to compliance with all of the regula-
tions of the zoning district in which it is located
and with the provisions of the other titles of this
code, but such nonconforming structure shall not be
altered or enlarged, unless such alteration or en-
largement and the use thereof, conform to all of the
regulations of the zoning district in which it is lo-
cated. Repairs may include the replacement of storage
tanks, provided that the safety of the operation of
the installation requires such replacement.
2. A nonconforming structure which is nonconforming only
with respect to the "site design regulations" [SRI for
the zoning district in which it is located may be
maintained, repaired, altered, or enlarged provided
that the maintenance, repair, alteration, or enlarge-
ment complies with all of the regulations of the
247
zoning district in which it is located and the provi-
sions of the other titles of this code.
D. Damage or Destruction. In the event that any nonconform-
ing structure is damaged or destroyed by any means to the
extent of more than fifty (50) percent of the fair market
value of such structure immediately prior to such damage,
the structure shall not be restored unless the structure,
any accessory structures, and the principal and accessory
uses thereof shall thereafter conform to all of the regu-
lations of the zoning district in which they are located
and to the provisions of the other titles of this code.
In the event that the damage or destruction to such
structure is less than the aforementioned criterion,
structure may be restored and used for the same purposes
as it was before the damage or destruction, provided that
such restoration is completed within twelve [122 months
of the date of the damage or destruction.
The methodology for determining the extent of damage with
regard to fair market value shall be as approved by the
Development Administrator.
19.52.050 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
►;;
Chapter 19.55
AMENDMENTS
Sections:
19.55.010 Purpose and Intent.
19.55.020 Authority.
19.55.030 Standards for Map Amendments.
19.55.040 Required Documents.
19.55.050 Application - Initiation and Terms.
19.55.060 Procedures.
19.55.070 Findings and Conditions.
19.55.060 Appeals.
19.55.090 Public Hearing Notification Signs.
19.55.100 Fees.
19.55.010 Purpose and Intent.
The purpose and intent
is to establish an orderly
the text of this title or
zoning map established by
19.55.020 Authority.
of the provisions for amendments
method for considering changes to
to the districts of the official
this title.
The City Council shall have the authority to pass an or-
dinance amending the text of this title or the districts of
the official zoning map established by this title, subject
to the provisions of this chapter.
19.55.030 Standards for Map Amendments.
The granting of a map amendment shall be contingent on
the extent to which affirmative findings are made with res-
pect to each of the following standards:
A. Site Characteristics. The suitability of the subject
property for the intended zoning district with respect to
its size; shape; significant natural features including
topography, watercourses, and vegetation; and existing
improvements.
B. Sewer and Water. The suitability of the subject property
for the intended zoning district with respect to the
availability of adequate municipal water, wastewater
treatment, and stormwater control facilities.
C. Traffic and Parking. The suitability of the subject
property for the intended zoning district with respect to
249
the provision of safe and efficient on site and off site
vehicular circulation designed to minimize traffic con-
gestion.
1. Nonresidential land uses should be located central and
accessible to the area or population served without
requiring traffic movements through or into a residen-
tial neighborhood. Nonresidential land uses should
not be located within residential neighborhoods, but
on their periphery as defined by the "arterial street"
[SR] system.
2. The number of locations for vehicular access to or
from a public right of way should be limited to those
which are necessary for the reasonable use of the
property and consistent with current traffic engineer-
ing standards. Property with two street frontages
should not be permitted access to or from the street
with the higher degree of continuity within the over-
all street system or with the higher traffic volume.
With the exception of residential driveways,
locations for vehicular access to or from a public
right of way should be aligned directly opposite
existing or approved locations across the street.
D. Zoning History. The suitability of the subject property
for the intended zoning district with respect to the
length of time the property has remained undeveloped or
unused in its current zoning district.
E. Surrounding Land Use and Zoning. The suitability of the
subject property for the intended zoning district with
respect to consistency and compatibility with surrounding
land use and zoning.
F. Trend of Development. The suitability of the subject
property for the intended zoning district with respect to
consistency with an existing pattern of development or an
identifiable trend of development in the area.
G. Zoning Districts. The suitability of the subject proper-
ty for the intended zoning district with respect to con-
formance to the provisions for the purpose and intent,
and the location and size of a zoning district.
H. Comprehensive Plan. The suitability of the subject pro-
perty for the intended zoning district with respect to
conformance to the goals, objectives, and policies of the
official comprehensive plan.
r U.
19.55.040 Required Documents.
Applications for a text amendment or a map amendment
shall include the following documents:
A. Application Form. Applications shall be made on forms
provided by the Planning Department.
B. Statement of Purpose and Conformance. A specific written
statement addressing the nature of and the reasons for
the proposed amendment; and identifying the chapter,
section, subsection, paragraph, and language for text
amendments; or demonstrating conformance to the standards
for map amendments.
C. Plat of Survey. For map amendments, a plat of survey
prepared by a land surveyor registered in the state
including the subject property's location by range,
township, and section, or by other legal description;
and the property's total acreage.
D. Consent and Disclosure.
1. The written consent of the owner of the subject prop-
erty, or his authorized representative.
2. For applications filed by a corporation or a partner-
ship, the names, addresses, and telephone numbers of
all officers.
3. For applications where the subject property is held
in a trust, the names, addresses, telephone numbers,
and the beneficial interest of each beneficiary.
4. If the applicant is not the owner of record, a copy
of the contract option, or an explanation of the
proprietary interest.
E. Impact Assessments. Written impact assessments shall be
required in order to adequately evaluate the effect of
the proposed map amendment on the environment, community
facilities, traffic, and surrounding land use. Methodolo-
gies for such assessments shall be as determined by the
Development Administrator.
19.55.050 Application - Initiation and Terms.
A. Initiation. Application for a text or map amendment may
be initiated by direction of the City Council, the Plan-
ning and Development Commission, or the Development Ad-
ministrator. Application for a text amendment may also
be initiated by any resident of the city or any owner of
property located within the city. Application for a map
251
amendment may also be initiated by the owner of the pro-
perty described in the application, the contract purchas-
er of such property, the option holder, or by such
persons with a substantial proprietary interest in the
property to be considered, but only with the written
consent of the owner or his authorized representative.
B. Terms. No more than one application for an amendment on
the same property or on the same portion of text shall be
accepted within a twelve month period commencing on the
date of the original application, unless the Development
Administrator determines that it has substantially
changed from the application previously considered.
19.55.060 Procedures.
A. Development Administrator. The applicant shall submit
one [1] copy of the required documents with the required
fees to the Development Administrator. The Development
Administrator shall review the application, publish
notice of the public hearing date as provided by statute,
and forward the application, and the written findings and
recommendations of the Planning Department to the Plan-
ning and Development Commission.
B. Planning and Development Commission. The Planning and
Development Commission shall hold a public hearing
pertaining to the application of which there shall be
taken an accurate verbatim account in transcript form.
The Development Administrator shall forward the applica-
tion, the written findings and recommendations of the
Planning Department, the written findings and recommenda-
tions of the Planning and Development Commission, and the
transcript of the public hearing to the City Council.
C. City Council. The City Council may pass an ordinance
amending the text of this title or amending the districts
of the Official Zoning Map established by this title, as
is appropriate.
19.55.070 Findings and Conditions.
A. Findings of Fact. The Planning and Development Commis-
sion shall recommend the approval or denial of an appli-
cation for an amendment to the City Council. The Plan-
ning and Development Commission's recommendation shall be
contained within a written findings of fact, which for
map amendments shall set forth with particularity the
extent to which the application conforms to the standards
for map amendments.
252
B. Conditions of Approval. The Planning and Development
Commission may recommend and the City Council may require
a restriction on the number and location of points for
vehicular access to the public rights of way on map
amendments, as may be necessary to promote the purpose
and intent of this title.
19.55.080 Appeals.
Any requirement, determination, or interpretation
associated with the administration, and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.55.90 Public Hearing Notification Signs.
Map amendments shall be subject to the provisions of
Chapter 19.82, Public Hearing Notification Signs.
19.55.100 Fees.
Amendments shall be subject to the provisions of Chapter
19.85, Fees.
253
Chapter 19.60
PLANNED DEVELOPMENTS
Sections:
19.60.010 Purpose and Intent.
19.60.020 Supplementary Regulations.
19.60.030 Authority.
19.60.040 Standards.
19.60.050 Zoning District Classification.
19.60.060 Departures and Exceptions - Generally.
19.60.070 Land Use Regulations.
19.60.080 Site Design Regulations.
19.60.090 Site and Ownership Requirements.
19.60.100 Public Hearing Notification Signs - Requirement.
19.60.110 Fees Requirement.
19.60.120 Subdivision Regulations.
19.60.130 Historic Preservation Regulations.
19.60.140 Development Contributions Requirements.
19.60.150 Concept Plan Requirements.
19.60.160 Development Plan Requirements.
19.60.170 Application - Initiation and Terms.
19.60.180 Procedures.
19.60.190 Findings and Conditions.
19.60.200 Changes to Planned Developments.
19.60.210 Revocation of Planned Developments.
19.60.010 Purpose and Intent.
The purpose and intent of the provisions for planned de-
velopments is to accommodate unique development situations,
which demonstrate the following characteristics:
A. An opportunity to realize a development of demonstrated
need with respect to the types of environment available
to the public, that would not be possible under the
strict application of the other chapters of this title.
B. A creative approach to the use of land and related im-
provements resulting in better design and construction of
aesthetic amenities.
C. The preservation, of significant natural features includ-
ing topography, watercourses, wetlands, and vegetation.
No planned development shall exceed the maximum allowable
density of the MFR Multiple Family Residence District un-
less such characteristics have been demonstrated.
254
19.60.020 Supplementary Regulations.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SR]" shall be subject to the defini-
tions and the additional interpretive requirements provided
in Chapter 19.90, Supplementary Regulations. The exclusion
of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.60.030 Authority.
The City Council shall have the authority to approve a
"planned development" [SR3 as follows:
A. Map Amendment. The City Council shall have the authority
to pass an ordinance amending the districts of the offi-
cial zoning map established by this title by mapping land
within a planned zoning district, subject to the provi-
sions of this chapter.
B. Conditional Use. The City Council shall have the author-
ity to pass an ordinance granting a conditional use for a
planned development, subject to the provisions of this
chapter.
19.60.040 Standards.
An amendment to the districts of the official zoning map
or the granting of a conditional use for a planned develop-
ment shall be contingent on the extent to which affirmative
findings are made with respect to each of the following
standards:
A. Site Characteristics. The suitability of the subject
property for the planned development with respect to its
size, shape, and any existing improvements.
B. Sewer and Water. The suitability of the subject property
for the planned development with respect to the availa-
bility of adequate water, sanitary treatment, and storm -
water control facilities.
C. Traffic and Parking. The suitability of the subject pro-
perty for the planned development with respect to the
provision of safe and efficient on site and off site ve-
hicular circulation, designed to minimize traffic conges-
tion.
1. Nonresidential Land Uses. Nonresidential land uses
should be located central and accessible to the pop-
ulation served without requiring traffic movements
through or into a residential neighborhood. Nonresi-
255
dential land uses should not be located within resi-
dential neighborhoods, but on their periphery as de45
-
fined by the arterial street system.
2. Vehicular Access. The number of locations for
vehicular access to or from a public right of way
should be limited to those which are necessary for the
reasonable use of the property and consistent with
current traffic engineering standards. Locations for
vehicular access to or from a public right of way
should be aligned directly opposite existing or
approved locations across the street.
D. Zoning History. The suitability of the subject property
for the planned development with respect to the length of
time the property has remained undeveloped or unused in
its current zoning district.
E. Surrounding Land Use and Zoning. The suitability of the
subject property for the planned development with respect
to consistency and compatibility with surrounding land
use and zoning.
F. Trend of Development. The suitability of the subject
property for the planned development with respect to its
consistency with an existing patten, of development or an
identifiable trend of development in the area.
G. Planned Development Districts. Where applicable, the
suitability of the subject property for the intended
planned development district with respect to conformance
to the provisions for the purpose and intent, and the
location and size of a Planned zoning district.
H. Conditional Use for a Planned Development. Where applic-
able, the suitability of the subject property for the in-
tended conditional use for a planned development with
respect to the provisions of Chapter 19.65, Conditional
Uses, Section 19.65.010, Purpose and Intent. Nd -condi-
tional use for a planned development should be granted
for the principal purpose of introducing a land use not
otherwise permitted on the subject property.
I. Comprehensive Plan. The suitability of the subject
property for the planned development with respect to
conformance to the goals, objectives, and policies of the
official comprehensive plan.
J. Natural Preservation. The suitability of the subject
property for the intended planned development with res-
pect to the preservation of all significant natural fea-
tures including topography, watercourses, wetlands, and
vegetation.
256
K. Internal Land Use. The suitability of the subject
property for the intended planned development with res-
pect to the land uses permitted within the development
being located, designed, and operated so as to exercise
no undue detrimental influence on each other or on sur-
rounding property.
19.60.050 Zoning District Classification.
The planned development districts are established and
listed in Chapter 19.07, Zoning Districts. A planned devel-
opment or any portion thereof involving two [2] acres or
more of land exclusive of rights of way, shall be mapped in
a separate and particular planned development district ac-
cording to the use of the majority of the land or building
floor area, whichever is greater, and according to which
standard zoning district the intended planned development is
most similar, as is specified in the purpose and intent of
each planned development district.
A planned development involving less than two [2] acres of
land shall be a conditional use in any other standard zoning
district.
All open space encompassing active and passive parks, re-
creational areas, playgrounds, woodlands, flood plains, wet-
lands, or any other natural area, containing two (2) or more
acres of land or adjoining an existing community facility
district shall be mapped within a community facility dis-
trict.
19.60.060 Departures and Exceptions - Generally.
The general departures and exceptions for planned
developments shall be governed as follows:
A. Departures. A planned development shall comply with the
standards, regulations, requirements, and procedures of
this chapter. Departures from the normal standards,
regulations, requirements, and procedures of the other
chapters of this title may be granted by the City Coun-
cil, as a part of the review and approval process.
B. Exceptions. Any planned development within a PCC Planned
Center City District or any planned development featuring
the adaptive reuse of an existing building may be granted
a departure from the normal requirements and regulations
of this chapter by the City Council, as a part of the re-
view and approval process.
257
19.60.070 Land Use Regulations.
The land uses allowable within a planned development
shall be as approved by the City Council, subject to the
provisions of this chapter.
19.60.080 Site Design Regulations.
The site design regulations for planned developments are
established as minimum requirements. The City Council may
require additional conditions, restrictions, maximums, or
minimums on the impact, location, design, construction, and
operation of a planned development, exceeding such minimum
requirements, as may be deemed necessary to promote the pur-
pose and intent of this title and chapter. The site design
regulations for planned developments shall be as follows:
A. Residential Planned Developments. For any planned devel-
opment district with a residential use, or for a condi-
tional use for a planned development with a residential
use in any zoning district, the site design regulations
shall be as follows:
1. Building Setbacks - Generally. No "building" rSRi
"setback" [SR] from a "street lot line" [SR] for a
"zoning lot" [SRI with a planned development shall be
less than the minimum required building setback from a
street lot line of the adjoining zoning districts di-
rectly opposite the public right of way, nor shall
such setback be less than the adjoining zoning dis-
tricts on the same side of the public rigJt of way and
on the same block.
No building setback from an "interior lot line" [SR]
for a zoning lot with a planned development shall be
less than the minimum required building setback of the
adjoining zoning district from that same interior lot
line.
Where a required building setback from a street lot
line or ars interior lot line conflict wits, the re-
quirements for exterior primary yards or exterior
secondary yards, the requirement resulting in the
greatest yard depth or setback shall apply
2. Primary and Secondary Yards. Primary and secondary
yards shall be provided as follows:
a. Primary Yard - Exterior. An exterior primary yard
shall be maintained adjoining those walls of a
principal building, directly facing an interior lot
line of the zoning lot without any intervening
buildings, and containing a main exterior entrance
258
r
or containing a window to rooms designed and used
for living or dining.
b. Primary Yard - Interior. Where an exterior primary
yard is not required, an interior primary yard
shall be maintained adjoining those walls of a
principal building, containing a main exterior en-
trance or containing a window to rooms designed and
used for living or dining.
c. Secondary Yard - Exterior. An exterior secondary
yard shall be maintained adjoining those walls of a
principal building or an accessory building, di-
rectly facing an interior lot line of the zoning
lot without any intervening buildings, and contain-
ing no windows or containing only a window to a
kitchen, bedroom, bathroom, closet, hall, storage
room, utility room, or basement recreation room,.
d. Secondary Yard - Interior. Where an exterior sec-
ondary yard is not required, an interior secondary
yard shall be maintained adjoining those walls of a
principal building or an accessory building, con-
taining no windows or containing only a window to a
kitchen, bedroom, bathroom, closet, hall, storage
room, utility room, or basement recreation room.
3. Calculation of Yards. The minimum required depth of a
primary or secondary yard shall be calculated as fol-
lows:
a. Primary Yard - Exterior. Exterior primary yard
depth [EPYD) in linear feet shall equal two [2)
times the height of the building in stories [S];
the product plus the quotient of the length of the
wall [L) in linear feet divided by ten [10) linear
feet; the sum plus twenty four [24) linear feet.
Minimum exterior primary yard depth can be ex-
pressed by the following formula: PYD = (2 x S)
+ (L / 10) + 24.
b. Primary Yard - Interior. Interior primary yard
depth [PYD] in linear feet shall equal two [2)
times the height of the building in stories [S);
the product plus the quotient of the length of the
wall [L) in linear feet divided by ten [10) linear
feet; the sum plus twelve [12) linear feet. Mini-
mum interior primary yard depth can be expressed by
the following formula: IPYD = (2 x S) + (L / 10)
+ 12.
c. Secondary Yard - Exterior. Exterior secondary yard
depth [ESYD) in linear feet shall equal two [2)
times the height of the building in stories [S);
259
the product plus the quotient of the length of the
wall [L] in linear feet divided by ten [10] linear
feet; the sum plus eight [8] linear feet . Minimum
exterior secondary yard depth can be expressed by
the following formula: ESYD = (2 x S) + (L / 10)
+ 6.
d. Secondary Yard - Interior. Interior secondary yard
depth [ISYD] in lineal- feet shall equal two [2]
times the height of the building in stories [S7;
the product plus the quotient of the length of the
wall [L] in linear feet divided by ten [10] linear
feet; the sum plus four [4] linear feet. Minimum
interior- secondary yard depth can be expressed by
the following formula: ISYD = (2 x S) + (L / 10)
+ 4.
e. Height of a Building in Stories. For the purposes
of calculating the minimum required depth of a
primary or secondary yard, the height of a building
in stories shall be calculated as follows:
Height of a building in stories [S] shall equal the
height of the building [H] in linear feet divided
by ten [10] linear feet. One half of a story or
more shall be considered one full story. Height of
a building in stories can be expressed by the fol-
lowing formula: S = H / 10.
f. Length of Walls. For the purposes of calculating
the minimum required depth of a primary or secon-
dary yard, the length of walls [L] in linear feet
shall be measured as the horizontal distance from
corner to corner of the building. Offsets in a
wall of six [6] linear feet or more along a contin-
uous general frontage of a wall shall be calculated
separately.
4. Measurement of Yards. Primary and secondary yards
shall be measured horizontally in relation to the
ground, and perpendicular to straight walls or radi-
ally to curved walls. The periphery of the yards need
not be extended past the corners of a building to
their point of intersection.
The required primary and secondary yards of two [2] or
more individual buildings shall not overlap.
Where portions of a building contain a different num-
ber of stories, primary and secondary yards shall be
provided for each separate wall plane of.the building.
The resulting required yards may overlap. Lower por-
tions of the building may project into the required
yard of an upper portion of the building.
260
5. Vehicle Use Areas within Yards. Where the walls of a
building containing primary or secondary windows at or
below the third story level face a street or an off
street parking lot for ten [103 or more vehicles, the
full dimension of the required primary or secondary
yard setback shall be provided outside the boundaries
of such vehicle use area.
6. Site Capacity. The regulations for planned develop-
ments concerning residential land area, "residential
floor area" [SRI, number of "dwelling units" [SRI, and
"building coverage" [SRI shall be as follows:
a. Residential Land Area. Residential land area shall
be comprised of the square footage of land area for
residential use located within the boundaries of a
planned development, excluding the square footage
of land area designated for public rights of way,
"streets" [SRI, "driveways" [SRI, stormwater deten-
tion, or retention facilities, ponds, parks, wet-
lands, and flood plains.
b. Residential Floor Area. The maximum "residential
floor area" [SRI for the residential land area of a
planned development shall be calculated as follows:
Residential floor area [RFAI in square feet shall
equal the area of residential land [RLAI in square
feet minus three thousand [3,000] square feet; the
difference times two hundred eighty five million,
seven hundred fourteen, thousand, two hundred eighty
six, billionths [.285714286]; the product plus one
thousand [1,000] square feet. Maximum residential
floor area can be expressed by the following formu-
la: RFA = ( ( RLA - 3,000) x .285714266) + 1,000.
C. Number of Dwelling Units. The minimum amount of
required residential land area for each dwelling
unit shall be three thousand [3,000] square feet.
(1) Maximum Number of Dwelling Units. The maximum
number of dwelling units base on the minia,un,
required residential land area for each dwell-
ing unit can be calculated as follows:
The maximum number of dwelling units [DUI shall
equal the residential land area [RLAI divided
by three thousand (3,000) square feet. Maximum
number of dwelling units can be expressed by
the following formula: DU = RLA / 3,000.
(2) Number of Intended Dwelling Units. The maximum
number a dwelling units based on the intended
261
average floor area of a dwelling unit may be
calculated as follows:
The maximum number of dwelling units [DUI shall
equal the maximum residential floor area [RFA]
divided by the intended average floor area of a
dwelling unit [FADUI. The maximum number of
dwelling units based on the intended average
floor area of a dwelling unit can be expressed
by the following formula: DU = RFA / FADU
c. Building Coverage. The maximum "building coverage"
[SRI for the residential land area of a planned de-
velopment shall be calculated as follows:
Building coverage [BCI in square feet shall equal
the area of residential land [RLAI in square feet;
minus three thousand (3,000) square feet; the dif-
ference times three hundred eighty two, thousandths
[.382]; the product plus five hundred (500) square
feet. ha%imum building coverage can be expressed
by the following formula: BC = ((RLA - 3,000)
x .362) + 500.
B. Nonresidential Planned Developments. For any planned de-
velopment district without a residential use, or for a
conditional use for a planned development without a re:ai-
dential use in any zoning district, the site design regu-
lations shall be as approved by the City Council, subject
to the provisions of this chapter.
19.60.090 Site and Ownership Requirements.
The site of a planned development shall be under single
ownership or "unified control" [SRI until all construction
is completed.
19.60.100 Public Hearing Notification Signs Requirement.
Applications for planned developments shall be subject
to the provisions of Chapter 19.82, Public Hearing Notifi-
cation Signs.
19.60.110 Fees Requirement.
Applications for a planned development shall be subject
to the provisions of Chapter 19.65, Fees.
262
19.60.120 Subdivision Regulations.
A planned development involving the subdivision of land
shall be subject to the provisions of Title 18, Subdivisions
unless a departure from the normal standards, requirements,
and procedures is granted as part of the approval process. A
planned development not involving a subdivision of land
shall also be subject to the provisions of Title 18, Subdi-
visions, excepting Chapter 18.12, Plan and Plat Submission
Procedure; Chapter 18.16, Preliminary Plat; and Chapter
18.20, Final Plat.
19.60.130 Historic Preservation Regulations.
A planned development shall be subject to the provisions
of Title 20, Designation and Preservation of Historically
and Architecturally Significant Property.
19.60.140 Development Contributions Requirements.
A planned development shall be subject to the provisions
of Title 17, Development Impact Fees.
19.60.150 Concept Plan Requirements.
The concept plan shall include the following documents
and plans:
A. Statement of Purpose. A written general statement of
purpose addressing proposed land use, lot sizes and den-
sity, type of buildings, water service, sanitary sewer
service, stormwater control provisions, and street im-
provements.
B. Sketch Plan. A sketch plan showing the boundary lines of
the subject property, the properties relationship to the
existing street system, the topography of the property
showing existing contours at vertical intervals of not
more than ten feet, any significant natural features, the
proposed streets, the proposed lots or building sites,
and the proposed land use.
19.60.160 Development Plan Requirements.
The development plan shall include the following docu-
ments and individual plan sheets:
A. Application Forms. Applications shall be made on forms
provided by the Planning Department.
263
B. Statement of Purpose, Departures, and Conformance. A
specific written statement addressing intended land use,
lot sizes, building setbacks, vehicle use area setbacks,
type of principal and accessory buildings, obstructions
in yards, floor area, building coverage, vehicle use
area, off street parking, off street loading, signs, wa-
ter service, sanitary sewer service, stormwater control
provisions, and street improvements; summarizing intended
departures from the most similar zoning district or from
the intended zoning district in the case of a conditional
use, and from the subdivision regulations; and addressing
conformance to the standards for planned developments.
C. Consent and Disclosure.
1. The written consent of the owner of the property or
his authorized representative.
2. For applications filed by a corporation or a partner-
ship, the names, addresses, and telephone numbers of
all officers.
3. For applications where the subject property is held in
a trust, the names, addresses, telephone numbers, and
the beneficial interest of each beneficiary.
4. If the applicant is not the owner of record, a copy of
the contract option, or an explanation of the proprie-
tary interest.
D. Common Open Space Documents. Common open space documents
indicating that common open space shall be provided for
in one of the following ways as approved by the Develop-
ment Administrator:
1. Conveyed to a municipal or public corporation, or
conveyed to a not for profit corporation or entity
established for the purpose of benefiting the owners
or residents of the planned development or adjoining
property owners, or any one or more of them. All lands
conveyed under this subsection shall be subject to the
right of the grantee or grantees to enforce mainten-
ance and improvement of the common open space; or
2. Guaranteed by a restrictive covenant describing the
open space and its maintenance and improvement, run-
ning with the land for the benefit of residents of the
planned development or adjoining property owners, or
both.
E. Impact A®aaaam@nta. Written impact assessments may be
required in order to adequately evaluate the effect of
the proposed planned development on the environment,
264
community facilities, traffic, and surrounding land use.
Methodologies for such assessments shall be as determined
by the Development Administrator.
F. Identification and Description Sheet. A separate plan
sheet drawn to scale showing the following information:
1. The proposed name of the development not duplicating
the name of any development located within the city,
and if the development involves the subdivision of
land, the name shall not duplicate the name of any
plat of subdivision recorded within Kane County, Coo;:
County, or Dupage County depending on which county the
development is located.
2. The names and addresses of the owner, subdivider, and
developer having control of the property; the name and
seal of the registered engineer or surveyor who pre-
pared the topographic survey; the name of the designer
of the development; and the date of preparation of the
original and any revisions to the plan sheet.
3. A location map drawn at a scale of not less than one
inch equals one thousand feet showing the boundary of
the subject property; the alignment of existing
streets; the boundarieL, use, and ownership of
adjacent property; and a northpoint, designated as
true north.
4. A plat of survey prepared by a land surveyor regis-
tered in the state including the property's location
by range, township, and section, or by other legal
description; and the property's total acreage.
G. Existing Conditions Sheet. A separate play, sheet drawn
to scale showing the following information;
1. Boundary lines of the proposed development; county,
township, section, and corporate boundaries; and
zoning district boundaries within the property and to
a distance of one hundred feet beyond the property.
2. Topography of the subject property based on the city
datum including existing contours at vertical inter-
vals of not more than two C2] feet; the locations of
or a reference to existing monuments or survey markers
with their grade elevations used in preparation of the
survey; significant natural features including but not
limited to flood plains, wet lands, watercourses, rock
outcrops, and trees of six 163 inch diameter or more ;
within the property and to a distance of one hundred
C100J feet beyond the property;
265
Location, widths, names, and type of improvements of
all existing rights of way, easements, public proper-
ty, and permanent buildings or structures within the
subject property and to a distance of one hundred
[100] feet beyond the property.
4. Location► and size of existing sewers, watermains,
culverts, catch basins, manholes, hydrants, and other
underground facilities indicating grades and invert
elevation,:, within the subject property and to a
distance one hundred [100] feet beyond the property.
5. A graphic engineering scale not less than one [1] inch
equals fifty [50] feet, a northpoint designated as
north, and the date of preparation of the original and
any revisions to the plan sheet.
H. Design Sheet. A separate plan sheet drawn to scale
showing the following information:
1. Topographic data including proposed contours, the
proposed layout and width of street and pedestrian,
rights of way including pavement widths, street
centerline radii, and street names. Proposed street
names shall not duplicate the name of any street used
in the city or its environs unless the proposed street
is the extension of a previously named street in which
event that name shall be used.
2. Areas other than street rights of way to be deeded,
dedicated, or reserved for public use or stormwater
control facilities, and the acreage of each.
3. Proposed building setbacks from street lot lines and
interior lot lines, indicating the dimensions of each;
exterior and interior primary and secondary yards, in-
dicating the dimensions of each; for developments in-
volving a subdivision of land, the proposed layout of
lots and the maximum building site of each indicating
dimensions; for a development or any portion thereof
not involving a subdivision, of land, the exact
location of all proposed buildings or the maximum
building site indicating dimensions; a numbering
system for lots or building sites, as applicable; and
the proposed land use for each lot or building site.
4. Proposed layout of street and site lighting, water -
main, sanitary sewer, and stormwater control system,
all in sufficient detail to permit a determination of
their adequacy
5. A graphic engineering scale not less than one ince,
equals fifty [507 feet, a northpoint designated a
2GG
north, and the date of preparation of the original and
any revisions to the plan sheet.
I. Architectural Sheet. Architectural pans including
sketches, ren-'erings, or building elevations; and floor
plans, indicating location of windows, use of rooms, and
dimensions.
J. Landscaping Sheet. A landscaping plan specifying the
size, type, amount, and location of materials to be
planter: in landscape areas, public use areas, and around
typical foundations.
19.60.170 Application - Initiation and Terms.
A. Initiation. Application for a planned development may be
initiated by direction of the City Council, the Planning
and Development Commission, or the Development Adminis-
trator. Applications may also be initiated by the owner
of the property described in the application, the con-
tract purchaser of such property, the option holder, or
by such persons with a substantial proprietary interest
in the property to be considered, but only with the writ-
ten consent of the owner or his authorized representa-
tive.
B. Terms. No more than one [13 application for a planned
development on the same property shall be accepted within:
a twelve [123 month period commencing on the date of the
original application unless the Development Administrator
determines that it is substantially changed from the
application previously considered.
19.60.180 Procedures.
A. Concept Review. The applicant shall submit three [33
copies of the required documents and plans for a concept
plan to the Development Administrator thirty [331 days
prior to making formal application, for planned develop-
ment approval. The Development Administrator shall ad-
vise the applicant of all applicable policies, standards,
and ordinances within, thirty 1303 days of receiving a
complete concept plan.
B. Development Plan Review.
1. The applicant shall submit twelve 1123 copies of the
required documents and plans for a development plan,
[ with the required fees to the Development Adminis-
trator. The Development Administrator shall review
the application, publish notice of the public hearing
date as provided by statute, and forward the applica-
267
tion, and the written findings and recommendations of
the Planning Department to the Planning and Develop-
ment Commission.
2. The Planning and Development Commission shall hold a
public hearing pertaining to the application of which
there shall be taker, an accurate verbatim account in
transcript form. The Development Administrator shall
forward the application, the written findings and re-
commendations of the Planning Department, the written
findings and recommendations of the Planning and De-
velopment Commission, and the transcript of the puLlic
hearing to the City Council. The applicant shall sub-
mit additional copieE of the developrr,ent plan as re-
quired by the Development Administrator.
The City Council may pass an ordinance amending the
official zoning map classifying the property described
in the application within a planned zoning district,
or the City Council ray pass an ordinance granting a
conditional use for a planned development, as is
appropriate.
19.60.190 Findings and Conditions.
A. Findings of Fact. The Planning and Development Cor, -,ii siOn
shall recommend the approval or denial of a propoLed
planned development to the City Council. The Planning
and Development Commission's recommendation shall be
contained within a written findings of fact which shall
set forth with particularity in what respects the propos-
al conforms to the following criteria:
1. The extent to which the proposal conforms to the
purpose and intent of planned developments.
2. The extent to which the proposal conforms to the
standards for planned developments.
C. The extent to which the proposal departs from the
zoning and subdivision regulations otherwise applic-
able to the subject property, and the reasons such
departures are deemed to be in the public inte.e-t.
B. Conditions of Approval. The Planning and Development
Commission may recommend and the City Council may require
such conditions and restrictions on the impact, location,
design, construction, and operation of the planned
development as may be deemed necessary to promote the
purpose and intent of this title and chapter. The
approval of any planned development shall include the
following minimum conditions:
268
1. Substantial conformance to the development plan
specifying the name of the designer of the development
and the date of preparation of the original, and any
revisions.
�. Submission of engineering plans and specifications,
and an estimate of cost for the required site
improvements prior to the commencement of any
construction and subject to the approval of the City
Engineer.
3. Posting of a completion bond, an irrevocable letter of
credit in favor of the city, or cash in an amount
equal to one hundred ter, [llel percent of the estimate
of costs necessary to complete all required public
improvements to be installed by the developer prior to
the start of any construction, subject to the
approval of the Corporation Counsel.
19.60.200 Changes to Planned Developments.
The Development Administrator may allow minor changes to
an approved planned development without requiring the appli-
r' cant to repeat the procedures in this chapter, or the proce-
dures for preliminary plat or final plat approval in Title
18 Subdivisions, provided that such changes are in substan-
tial conformance to the approved development pian. Such
minor changes shall be specifically limited to the follow-
ing: adjustment to the location of private streets, parking
lots, or buildings by twenty [201 feet or less; decrease in
density or floor area; increase in open space or landscaped
area; substitution of comparable plant material in the
landscape plan; and substitution of aesthetically comparable
exterior building materials.
19.60.210 Revocation of Planned Developments.
if the construction of a planned development has not
started within two 121 years of the date of its approval,
or if the construction of an incomplete planned development
discontinues for two [21 consecutive years, the Development
Administrator shall file an application for a map amendment
reclassifying the subject property from a planned zoning
district to the most restrictive zoning district that is
consistent with the goals, objectives, and policies of the
official comprehensive plan, as determined by the Develop-
ment Administrator and subject to the provisions of Chapter
19.55, Amendments; or in the case of a planned development
approved as a conditional use, the conditional use granted
shall terminate.
260
Chapter 19.65
CONDITIONAL. USES
Sections:
19.65.010 Purpose and Intent.
19.65.020 Authority.
19.65.030 Standards.
19.65.040 Required Documents.
19.65.050 Application - Initiation and Terms.
19.65.060 Procedures.
19.65.070 Findings and Conditions.
19.65.080 Appeals.
19.65.090 Public Hearing Notification Signs.
19.65.100 Fees.
19.65.010 Purpose and Intent.
The purpose and intent of the provisions for conditional
uses is to recognize that there are certain uses with unique
characteristics and unusual impacts on surrounding property,
which cannot be properly classified in any particular zoning
district without individual review and consideration.
19.65.020 Authority.
The City Council shall have the authority to pass an or-
dinance granting a conditional use, subject to the provi-
sions of this chapter.
19.65.030 Standards.
The granting of a conditional use shall be contingent on
the extent to which affirmative findings are made with res-
pect to each of the following standards:
A. Site Characteristics. The suitability of the subject
property for the intended conditional use with respect to
its size; shape; significant natural features including
topography, watercourses, and vegetation; and existing
improvements.
B. Sewer and Water. The suitability of the subject property
for the intended conditional use with respect to the a-
vailability of adequate municipal water, wastewater
treatment, and stormwater control facilities.
270
C. Traffic and Parking. The suitability of the subject pro-
perty for the intended conditional use with respect to
the provision of safe and efficient on site and off site
vehicular circulation designed to minimize traffic con-
gestion.
1. Nonresidential land uses should be located central and
accessible to the area or population served without
requiring traffic movements through or into a residen-
tial neighborhood. Nonresidential land use should not
be located within residential neighborhoods, but on
their periphery as defined by the arterial street sys-
tem.
2. The number of locations for vehicular access to or
from a public right of way should be limited to those
which are necessary for the reasonable use of the
property and consistent with current traffic engineer-
ing standards. Property with two street frontages
should not be permitted access to or from the street
with the higher degree of continuity within the over-
all street system or with the higher traffic volume.
With the exception of residential driveways, locations
for vehicular access to or from a public right of way
should be aligned directly opposite existing or ap-
proved locations across the street.
E. Location, Design, and Operation. The suitability of the
subject property for the intended conditional use with
respect to it being located, designed, and operated so as
to promote the purpose and intent of this title and
chapter.
F. Historic Preservation. Where applicable, the suitability
of the subject property for the intended conditional use
with respect to making possible an efficient contemporary
use of, or a compatible improvement to a designated land-
mark or property located in a designated historic dis-
trict while preserving those portions and features of the
property which are significant to its historic, architec-
tural, and cultural values to a historic preservation
plan and subject to the provisions of Title 20, Designa-
tion and Preservation of Historically and Architecturally
Significant Property.
19.65.040 Required Documents.
An application for a conditional use shall include the
following documents:
A. Application Form. Applications shall be made on forms
provided by the Planning Department.
271
B. Statement of Purpose and Conformance. A specific written
statement addressing the nature of and the reasons for
the proposed conditional use and demonstrating conform-
ance to the standards for conditional uses.
C. Plat of Survey. A plat of survey prepared by a land
surveyor registered in the state including the subject
property's location by range, township, and section, or
by other legal description; and the property's total
acreage.
D. Site Plan. A site plan drawn to scale showing the
following information:
1. Boundary lines of the proposed conditional use; the
location, size, widths, names, or types of improve-
ments of all existing rights of way, easements, public
property, and watermain, sanitary sewer, and storm -
water control facilities within the subject property
and to a distance of fifty [50] feet beyond the prop-
erty.
2. Proposed building setbacks from lot lines indicating
the dimensions of each, the exact location of all pro-
posed buildings and structures indicating dimensions,
and the exact location of proposed off street parking
and loading facilities including approaches, drive-
ways, aisles, stalls, berths, and setbacks indicating
dimensions.
3. Proposed layout of street and site lighting, and
watermain, sanitary sewer, and stormwater control
facilities, all in sufficient detail to permit a
determination of their adequacy.
4. Proposed landscaping in sufficient detail to demon-
strate conformance with the provisions of Section
19.12.700, Landscaping.
5. A graphic engineering scale not less than one inch
equals fifty [50] feet, a northpoint designated as
north, and the date of preparation of the original and
any revisions to the site plan.
E. Consent and Disclosure.
1. The written consent of the owner or his authorized
representative.
2. For applications filed by a corporation or a
partnership, the names, addresses, and telephone
numbers of all officers. 4)
272
3. For applications where the subject property is held
in a trust, the names, addresses, telephone numbers,
and the beneficial interest of each beneficiary.
4. If the applicant is not the owner of record, a copy
of the contract option, or an explanation of the
proprietary interest.
F. Impact Assessments. Written impact assessments as may be
required by the Development Administrator in order to
adequately evaluate the effect of the proposed condition-
al use on the environment, community facilities, traffic,
and surrounding land use. Methodologies for such assess-
ments shall be as determined by the Development Adminis-
trator.
19.65.050 Application - Initiation and Terms.
A. Initiation. Application for a conditional use may
be initiated by direction of the City Council, the
Planning and Development Commission, or the Development
Administrator. Application for a conditional use may
also be initiated by the owner of the property described
in the application, the contract purchaser of such prop-
erty, the option holder, or by such persons with a sub-
stantial proprietary interest in the property to be con-
sidered, but only with the written consent of the owner
or his authorized representative.
B. Terms. No more than one application for a conditional
use on the same property shall be accepted within a
twelve 1121 month period commencing on the date of the
original application unless the Development Administrator
determines that it has substantially changed from the
application previously considered.
19.65.060 Procedures.
A. Development Administrator. The applicant shall submit
twelve 1123 copies of the required documents with the
required fees to the Development Administrator. The
Development Administrator shall review the application,
publish notice of the public hearing date as provided by
statute, and forward the application, and the written
findings and recommendations of the Planning Department
to the Zoning and Subdivision Hearing Board.
B. Zoning and Subdivision Hearing Board. The Zoning and
Subdivision Hearing Board shall hold a public hearing
pertaining to the application of which there shall be
taken an accurate verbatim account in transcript form.
The Development Administrator shall forward the
273
application, the written findings and recommendations of
the Planning Department, the written findings and
recommendations of the Zoning and Subdivision Hearing
Board, and the transcript of the public hearing to the
City Council.
No application for a conditional use, involving a map
amendment shall be processed through the Zoning and Sub-
division Hearing Board. Such application shall be pro-
cessed through the Planning and Development Commission
concurrently with the map amendment.
C. City Council. The City Council may pass an ordinance
granting a conditional use.
19.65.070 Findings and Conditions.
A. Findings of Fact. The Zoning and Subdivision Hearing
Board shall recommend the approval or denial of an
application for a conditional use to the City Council.The
Zoning and Subdivision Hearing Board's recommendation
shall be contained within a written findings of fact,
which shall set forth with particularity the extent to
which the application conforms to the standards for
conditional uses.
B. Conditions of Approval.
1. The Zoning and Subdivision Hearing Board may recommend
and the City Council may require such conditions and
restrictions on the impact, location, design, con-
struction, and operation of the conditional use as may
be deemed necessary to promote the purpose and intent
of this title and chapter.
2. The granting of a conditional use shall thereby repeal
any previously granted conditional use for the same
property.
3. A conditional use shall expire if not established
within one [17 year from the date of passage of the
ordinance granting the conditional use.
4. A conditional use shall not be reestablished
subsequent to abandonment through a discontinuation of
use for three hundred sixty five [365] consecutive
days, regardless of any reservation of an intent to
reestablish such conditional use.
274
19.55.080 Appeals.
Any requirement, determination, or interpretation
associated with the administration and enforcement of the
provisions of this chapter may be appealed subject to the
provisions of Chapter 19.75, Appeals.
19.55.090 Public Hearing Notification Signs.
Map amendments shall be subject to the provisions of
Chapter 19.82, Public Hearing Notification Signs.
19.55.100 Fees.
Amendments shall be subject to the provisions of Chapter
19.85, Fees.
Chapter 19.70
VARIATIONS
Sections:
19.70.010 Purpose and Intent.
19.70.020 Authority.
19.70.030 Standards.
19.70.040 Authorized Variations.
19.70.050 Required Documents.
19.70.060 Application - Initiation and Terms.
19.70.070 Procedures.
19.70.080 Findings and Conditions.
19.70.010 Purpose and Intent.
The purpose and intent of the provisions for variations
is to establish a means of varying the requirements of this
title in harmony with its purpose and intent.
19.70.020 Authority.
The Zoning and Subdivision Hearing Board shall have the
authority to grant variations from the requirements and
regulations of this title only in the instances specified in
each chapter and subject to the provisions of this chapter.
The authority to grant variations shall be sparringly
exercised.
19.70.030 Standards.
The granting of a variation shall be contingent on the
extent to which affirmative findings are made with respect
to each of the following standards:
A. Extraordinary Conditions. That the variation should be
based on the existence of extraordinary or exceptional
conditions, difficulties, or hardships which render the
strict application of the requirements of this title
unreasonable.
B. Applicability of Extraordinary Conditions. That the
variation should be based on extraordinary conditions
which are not applicable generally to other property
within the same zoning district.
C. More Inconvenifnoe. That the subject property features 41
particular physical surroundings, size, shape, or
276
topographical conditions which bring a particular
hardship on the owner, as distinguished from a mere
inconvenience, if the strict letter of the regulations
are applied.
D. Reasonable Return. That the variation will provide the
subject property with a reasonable return, which would
not be possible if the property were permitted to be used
only in compliance with the regulations of the zoning
district in which it is located.
E. Greater Economic Return. That the variation is based
on conditions, difficulties, or hardships that do not
involve only a desire to make a greater economic return
from the subject property.
F. Creation of Extraordinary Conditions. That the variation
is based on a condition, difficulty, or hardship created
by a person previously having an economic interest in the
property or by circumstances which occurred prior to the
current ownership of the property.
G. Character of the Surrounding Area. That the variation,
if granted, should maintain the essential character of
the surrounding area.
H. Impact on the Surrounding Area. That the variation
should have no effect on or should promote the adequate
supply of light and air to adjacent property, should have
no effect on or should decrease the danger of fire,
should protect the public safety, and should have no
affect on or should enhance other property or
improvements in the surrounding area.
I. Minimum Adjustment. That the variation shall be the
minimum adjustment necessary for the reasonable use of
the land.
J. Historic Preservation. Where applicable, that the
variation shall make possible an efficient contemporary
use of, or a compatible improvement to a designated
landmark or property located in a designated historic
district while preserving those portions and features of
the property which are significant to its historic,
architectural, and cultural values to a historic
preservation plan and subject to the provisions of Title
20, Designation and Preservation of Historically and
Architecturally Significant Property.
277
19.70.040 Authorized Variations.
Variations from the requirements and regulations of this
title shall be limited to those certain instances specified
in each chapter.
19.70.050 Required Documents.
An application for a variation shall include the
following documents.
A. Application Form. Applications shall be made on forms
provided by the Planning Department.
!. ®t@t@m@nt of Purp@@@ and Conform@ry@@, A specific written
statement addressing the nature of and the reasons for
the proposed variation and demonstrating conformance to
the standards for variations.
C. Plat of Survey. A plat of survey prepared by a land
surveyor registered in the state including the subject
property's location by range, township, and section, or
by other legal description; and the property's total
acreage.
D. Site Plan. As may be required by the Development Admin-
istrator, a site plan drawn to scale showing the follow-
ing information:
1. Boundary lines of the property that is the subject of
the proposed variation, proposed building setback
lines indicating the dimensions of each, the exact lo-
cation of all existing buildings and structures to re-
main and proposed buildings and structures indicating
dimensions, and the exact location of existing and
proposed off street parking and loading facilities
including approaches, driveways, aisles, stalls,
berths, and setbacks indicating dimensions.
2. A graphic engineering scale not less than one incl,
equals fifty [50] feet, a northpoint designated as
north, and the date of preparation of the original and
any revisions to the site plan.
E. Consent and Disclosure.
1. The written consent of the owner or his authorized
representative.
2. For applications filed by a corporation or a
partnership, the names, addresses, and telephone
numbers of all officers.
278
3. For applications where the subject property is held
in a trust, the names, addresses, telephone numbers,
and the beneficial interest of each beneficiary.
4. If the applicant is not the owner of record, a copy
of the contract option, or an explanation of the
proprietary interest.
19.70.060 Application - Initiation and Terms.
A. Initiation. Application for a variation may be initiated
by direction of the City Council, the Planning and
Development Commission, or the Development Administrator.
Application for a variation may also be initiated by the
owner of the property described in the application, the
contract purchaser of such property, the option holder,
or by such persons with a substantial proprietary
interest in the property to be considered, but only with
the written consent of the owner or his authorized
representative.
B. Terms. No more than one [1] application for an variation
on the same property shall be accepted within a twelve
month period commencing on the date of the original
application unless the Development Administrator
determines that it has substantially changed from the
application previously considered.
19.70.070 Procedures.
A. Development Administrator. The applicant shall submit
one [1] copy of the required documents with the required
fees to the Development Administrator. The Development
Administrator shall review the application, publish
notice of the public hearing date as provided by statute,
and forward the application, and the written findings and
recommendations of the Planning Department to the Zoning
and Subdivision Hearing Board.
B. Zoning and Subdivision Hearing Board. The Zoning and
Subdivision Hearing Board shall hold a public hearing
pertaining to the application of which there shall be
taken an accurate verbatim account in transcript form.
The Zoning and Subdivision Hearing Board may grant the
variation.
No application for a variation, involving a map amendment
shall be processed through the Zoning and Subdivision
Hearing Board. Such application shall be processed
through the Planning and Development Commission concur-
rently with the map amendment.
279
19.70.080 Findings and Conditions.
A. Findings and Decision. The Zoning and Subdivision
Hearing Board's decision shall be contained within a
written findings and decision, which shall set forth with
particularity the extent to which the application
conforms to the standards for variations.
B. Conditions of Approval. The Zoning and Subdivision
Hearing Board may require such conditions and
restrictions on the property benefited by a variation as
may be deemed necessary to meet the standards for
variations, and to promote the purpose and intent of this
title and chapter.
280
Chapter 19.75
APPEALS
Sections:
19.75.010 Purpose and Intent.
19.75.020 Authority.
19.75.030 Authorized Appeals.
19.75.040 Required Documents.
19.75.050 Application - Initiation and Terms.
19.75.060 Procedures.
19.75.070 Findings and Decision.
19.75.010 Purpose and Intent.
The purpose and intent of the provisions for appeals is
to establish an orderly method for an appeal of a require-
ment, a determination, or an interpretation concerning the
administration and enforcement of the provisions of this
title.
19.75.020 Authority.
A. Development Administrator. The Development Administrator
shall have the authority to hear and decide an appeal
from any determination, or requirement associated with
the administration or enforce-ment of the provisions of
this title by the City Engineer, or from any requirement
associated with the enforcement of the provisions of this
title by the Code Enforcement Officer.
B. Zoning and Subdivision Hearing Board. The Zoning and
Subdivision Hearing Board shall have the authority to
hear and decide an appeal from any interpretation or
determination associated with the administration of this
title by the Development Administrator.
C. City Council. The City Coun- cil shall have the authori-
ty to hear and decide an appeal from any interpretation,
or determination associated with the administration of
this title by the Zoning and Subdivision Hearing Board.
19.75.030 Authorized Appeals.
Appeals shall be limited to the interpretation of the
provisions of this title. Requirements and determinations
associated with the administration and enforcement of the
281
provisions of this title shall be considered the result of
an interpretation.
19.75.040 Required Documents.
An application for an appeal shall consist of a written
statement by the appellant, which describes the particular
interpretation, determination, or requirement, and the facts
demonstrating that it is invalid.
19.75.050 Application - Initiation and Terms.
A. Initiation. An application for an appeal may be
initiated by a person aggrieved by a requirement by the
Code Enforcement Officer or the City Engineer, by a
determination by the City Engineer, by a determination or
an interpretation by the Development Administrator, or by
a decision of the Zoning and Subdivision Hearing Board.
Such aggrieved persons shall be limited to those parties
whose rights, privileges, or duties are affected by such
requirements, determinations, or interpretations of the
provisions of this title. Such aggrieved persons shall
demonstrate that they have a special interest or injury,
as distinguished from the public at large, as a result of
such requirements, determinations, or interpretations of
the provisions of this title. The Development Administra-
tor shall have the authority to initiate an appeal of a
decision by the Zoning and Subdivision Hearing Board to
the City Council.
B. Terms. No more than one application by the same person
for an appeal of the same requirement, determination, or
interpretation shall be accepted within a twelve [12]
month period commencing on the date of the original
application unless the Development Administrator deter-
mines that it has substantially changed from the applica-
tion previously considered.
19.75.060 Procedures..
A. Development Administrator. The appellant shall submit
one [1] copy of the required documents to the Development
Administrator within forty five [451 days from the date
of the requirement, determination, or interpretation by
the City Engineer or the requirement by the Code
Enforcement Officer being appealed. The receipt of a
complete application for an appeal shall stay all
proceedings in furtherance of the action appealed unless
the Development Administrator determines that the stay
poses an imminent peril to life or property. The Develop-
ment Administrator may affirm, reverse, or modify a re -
282
quirement or a determination by the City Engineer or by
the Code Enforcement Officer. The Development Adminis-
trator shall forward his written findings and decision to
the appellant within ten [103 working days of the receipt
of a complete application.
B. Zoning and Subdivision Hearing Board. The appellant
shall submit one copy of the required documents to the
Development Administrator within forty five [453 days
from the date of the interpretation or determination by
the Development Administrator being appealed. The receipt
of a complete application for an appeal shall stay all
proceedings in furtherance of the action appealed unless
the Development Administrator determines that the stay
poses an imminent peril to life or property. The Develop-
ment Administrator shall forward the application, and the
written findings and decision of the Development Adminis-
trator to the Zoning and Subdivision Hearing Board. The
Zoning and Subdivision Hearing Board shall hold a public
meeting pertaining to the application. The Zoning and
Subdivision Hearing Board may affirm, reverse, or modify
the decision of the Development Administrator.
C. City Council. The appellant shall submit one [13 copy of
the required documents to the Development Administrator
within forty five 1453 days from the date of the
interpretation or determination by the Zoning and
Subdivision Hearing Board being appealed. The receipt of
a complete application for an appeal shall stay all
proceedings in furtherance of the action appealed unless
the Development Administrator determines that the stay
poses an imminent peril to life or property. The
Development Administrator shall forward the application,
and the written findings and decision of the Development
Administrator and of the Zoning and Subdivision Hearing
Board to the City Council. The City Council shall hold a
public meeting pertaining to the application. The City
Council may affirm, reverse, or modify the decision of
the Zoning and Subdivision Hearing Board. The decision
of the City Council shall be final.
19.75.070 Findings and Decision.
An interpretation or determination by the Development
Administrator or by the Zoning and Subdivision Hearing Board
shall be contained within a written findings and decision
which shall set forth with particularity the facts on which
the decision is based.
283
Chapter 19.80
ADMINISTRATION AND ENFORCEMENT
Sections:
19.80.010 Planning and Development Commission.
19.80.020 Zoning and Subdivision Hearing Board..
19.80.030 Development Administrator.
19.80.040 City Engineer.
19.80.050 Code Enforcement Officer.
19.80.010 Planning and Development Commission.
The powers and duties of the Planning and Development
Commission are specified in Title 3, Boards and Commissions.
19.80.020 Zoning and Subdivision Hearing Board.
The powers and duties of the Zoning and Subdivision
Hearing Board are specified in Title 3, Boards and
Commissions. 4)
19.80.030 Development Administrator.
A. Established and Designated. There is established the
position of Development Administrator who shall adminis-
trator the provisions of this title. The Development Ad-
ministrator shall be the Planning Director or his desig-
nee.
B. Powers and Duties. The Development Administrator shall
have the following powers and duties:
1. Administer the provisions of Title 19, Zoning; Title
18, Subdivisions; and Title 17, Development Impact
Fees of the Elgin Municipal Code.
2. Advise the City Council, boards and commissions,
neighborhood organizations, developers, and the
general public regarding policies, standards, and
ordinances associated with development matters in
general and with the provisions of this title in
particular.
3. Receive, file, -review, and process applications for
annexation, text and map amendments, planned develop-
ments, subdivisions, conditional uses, variations, and
appeals; and to establish any reasonable rules and
284
procedures not otherwise established by this code that
are deemed necessary for receiving, filing, reviewing,
and processing such applications.
4. Assemble, process, and present interdepartmental
recommendations regarding applications for annexation,
text and map amendments, planned developments, subdi-
visions, conditional uses, variations, and appeals.
5. Review and comment on site plans regarding conformance
to the provisions of this title.
6. Establish any reasonable rules and procedures not
otherwise established by this code that are deemed
necessary for administering the provisions of this
title.
7. Maintain current and permanent records of the subject
of this title including annexations, text and map
amendments, planned developments, subdivisions, condi-
tional uses, variations, appeals, and nonconforming
uses and structures.
19.80.040 City Engineer.
A. Established and Designated. The position of City Engin-
eer is established and designated in Title 2, Administra-
tion and Personnel.
B. Powers and Duties. The City Engineer shall have the fol-
lowing powers and duties with respect to the administra-
tion and enforcement of Chapter 19.45, Off Street Park-
ing, Chapter 19.47, Off Street Loading; and Chapter
19.60, Planned Developments:
1. Review and comment on development plans for planned
developments and site plans including, but not limited
to, buildings, off street parking facilities, outdoor
display areas, outdoor display lots, commercial opera-
tions yards, and off street loading facilities with
respect to the provisions of this title for all site
improvements, encompassing onsite grading, water and
sewer connections, vehicle use areas and other imper-
vious surfaces, stormwater control facilities, and
landscaping.
2. Issue permits for the construction of site improve-
ments, encompassing onsite grading, water and sewer
connections, vehicle use areas and other impervious
surfaces, stormwater control facilities, .and land-
scaping.
285
3. Cause inspections of site improvements for planned
developments and buildings, encompassing onsite
grading, water and sewer connections, vehicle use
areas and other impervious surfaces, stormwater
control facilities, and landscaping.
4. Establish any reasonable rules and procedures not
otherwise established by this code that are deemed
necessary for implementing the powers and duties
specified in this section.
5. Maintain current and permanent records of the subject
of this section.
19.80.050 Code Enforcement Officer.
A. Established and Designated. The position of Code
Enforcement Officer is established and designated in
Title 16, Buildings and Construction.
B. Powers and Duties. The Code Enforcement Officer shall
have the following powers and duties with respect to the
enforcement of the provisions of this title:
1. Cause inspections of land, buildings, structures, and
their uses to determine compliance with the provisions
of this title.
2. Issue written stop work orders for work on any land,
building, or structure proceeding in violation of the
provisions of this title following the procedures
established for stop work orders in Title 16,
Buildings and Construction.
3. Issue citations to persons violating the provisions of
this title, subject to the provisions of Title 1,
General Provisions, Chapter 1.20 General Penalty -
Citations.
4. Request appropriate legal proceedings to enforce the
provisions of this title.
5. Issue certificates of occupancy and compliance for.
land, buildings, structures, and their uses, which
comply with the provisions of this title.
6. Establish any reasonable rules and procedures not
otherwise established by this code that are deemed
necessary for enforcing the provisions of this title.
7. Maintain current and permanent records of the subject
of this section.
286
Chapter 19.82
PUBLIC HEARING NOTIFICATION SIGNS
Sections:
19.82.010
Purpose and Intent.
19.82.020
Signs Required.
19.82.030
Content of Signs.
19.82.040
Placement of Signs.
19.82.050
Additional Rules.
19.82.060
Procedures.
19.82.010 Purpose and Intent.
The purpose and intent of the provisions for public
hearing notification signs is to inform the general public
of impending public hearings concerning applications for map
amendments, conditional uses, and variations.
19.82.020 Signs Required.
Applicants for map amendments, conditional uses, or
variations shall post a sign on the subject property
informing the general public of the impending public
hearing.
19.82.030 Content of Sign.
The public hearing notification sign shall contain the
following information:
PUBLIC HEARING
NOTICE OF ZONING HEARING
FOR THIS PROPERTY
FOR FURTHER INFO CONTACT
CITY OF ELGIN PLANNING DEPT
AT 931-5910
19.82.040 Placement of Signs.
One public hearing notification sign shall be posted on
the subject property for each street frontage with the face
of the sign placed perpendicular to the direction of traffic
on each street and as close to the property line as
practicable.
287
19.82.050 Additional Rules. 4)
The Development Administrator shall have the authority
to establish rules for the posting of public hearing
notification signs, which may be necessary due the unique
characteristics of the application or the subject property,
in order to promote the purpose and intent of this title and
chapter.
19.82.060 Procedures.
A. The applicant shall obtain the required public hearing
notification sign from the Planning Department.
B. Public hearing notification signs shall be posted not
less than fifteen [15] days prior to the scheduled
hearing.
C. The applicant shall post a one hundred [100] dollar cast,
deposit with the Planning Department for the return of
each required public hearing notification sign. The cast,
deposit shall be refunded to the applicant on the return
of each sign. In the event that the sign is not returned
to the Planning Department within ten days following the
conclusion of the hearing for which the sign was posted,
the fifty [50] dollar cash deposit shall be forfeited and
applied to the cost of the replacement of the sign.
288
Chapter 19.85
FEES
Sections:
19.85.010 Purpose and Intent.
19.85.020 Required Fees.
19.85.010 Purpose and Intent.
The purpose and intent of the provisions for fees is to
recapture a portion of the administrative costs associated
with processing applications for annexation, amendments,
conditional uses, and variations.
19.85.020 Required Fees.
Applications for annexation, amendments, conditional
uses, and variations shall be accompanied by the following
fees:
A. Annexation without an Annexation Agreement.
1. One hundred 11003 dollars for property less than ten
1103 acres.
2. One hundred fifty 11503 dollars for property ten [103
acres, but less than one hundred [1003 acres.
3. Two hundred [200] dollars for property one hundred
[100] acres or more.
B. Annexation with an Annexation Agreement.
1. Two hundred fifty 12503 dollars for property less than
ten 1103 acres.
2. Five hundred [500] dollars for property ten [103
acres, but less than one hundred [100] acres.
3. Seven hundred fifty [750] dollars for property one
hundred [1003 acres or more.
C. Text Amendments. One hundred 11003 dollars.
D. Map Amendments and Conditional Uses.
1. Two hundred fifty 12503 dollars for property less than
ten [103 acres in area.
289
2. Five hundred [500] dollars for property ten 1107
acres, but less than one hundred [100] acres in area.
3. Seven hundred fifty [750] dollars for property one
hundred [100] acres or more.
E. Variations.
1. Fifty [50] dollars for property less than ten thousand
[10,0001 square feet.
2. One hundred [100] dollars for property ten thousand
[10,0003 square feet or more.
F. Appeals. Twenty five [25] dollars for an appeal to the
Zoning and Subdivision Hearing Board.
G. Hearing Recordation. In addition to the fees for each
particular type of application except, the applicant
shall pay the cost of providing for an accurate verbatim
account of the public hearing pertaining to the applica-
tion. A cash deposit of two hundred [200] dollars for
amendments and conditional uses, and one hundred [100]
dollars for variations and appeals shall be made at the
time of application to cover the direct costs of record-
ing and transcribing the public hearing. If these costs
are less than the deposit, the additional amount shall be
paid in full prior to consideration of the application by
the City Council, or in the case of variations and ap-
peals, prior to the issuance of a building permit. No
fee shall be required for amendments initiated by the
city.
290
Chapter 19.90
SUPPLEMENTARY REGULATION
Sections:
19.90.005 Purpose and Intent.
19.90.010 Supplementary Regulation - Generally.
19.90.015 Accessory.
19.90.020 Accessory Building.
19.90.025 Accessory Building Coverage.
19.90.030 Accessory Building Coverage Ratio.
19.90.035 Accessory Structure.
19.90.040 Accessory Use.
19.90.045 Adaptive Reuse.
19.90.050 Alley.
19.90.055 Alteration, Structural.
19.90.060 Amateur Radio Antenna.
19.90.065 Antenna.
19.90.070 Antenna, Amateur Radio.
19.90.075 Antenna and Antenna Structure, Commercial.
19.90.080 Antenna, Other Radio and Television.
19.90.085 Antenna, Other Satellite Dish.
19.90.090 Antenna, Radio and Television.
19.90.095 Antenna, Satellite Dish.
19.90.100 Antenna Structure.
19.90.102 Antenna Tower, Commercial.
19.90.105 Apartment Dwelling.
19.90.107 Apartment Hotel.
19.90.110 Arterial Street.
19.90.112 Attached Dwelling.
19.90.115 Basement.
19.90.117 Bed and Breakfast Inn.
19.90.120 Block.
19.90.122 Buildable Area.
19.90.125 Building.
19.90.127 Building, Accessory.
19.90.130 Building, Conforming.
19.90.132 Building Coverage.
19.90.135 Building Coverage, Accessory.
19.90.137 Building Coverage Ratio.
19.90.140 Building Coverage Ratio, Accessory.
19.90.142 Building, Detached.
19.90.145 Building, Enclosed.
19.90.147 Building Height.
19.90.150 Building Line.
19.90.152 Building, Nonconforming.
19.90.155 Building, Principal.
19.90.157 Business.
19.90.160 Canopy.
19.90.162 Car Wash.
19.90.165 Cellar.
291
19.90.167 Change in Use.
19.90.170 City Engineer.
19.90.172 Code Enforcement Officer.
19.90.175 Collector Street.
19.90.177 Commercial Antenna and Antenna Structures.
19.90.180 Commercial Antenna Tower.
19.90.182 Commercial Operations Yard.
19.90.185 Common Household.
19.90.187 Conditional Use.
19.90.190 Conforming Structure or Building.
19.90.192 Contractor's Office and Equipment Areas.
19.90.195 Corner Lot.
19.90.197 Day Care Service, Home Child.
19.90.200 Day Care Service, Institutional Child.
19.90.205 Density, Gross.
19.90.210 Density, Net.
19.90.215 Detached Dwelling.
19.90.220 Development Administrator
19.90.225 Development Sales Office.
19.90.230 Drive Through Facility.
19.90.235 Driveway.
19.90.240 Duplex Dwelling.
19.90.245 Duplex Lot.
19.90.250 Dwelling.
19.90.255 Dwelling, Apartment.
19.90.260 Dwelling, Attached.
19.90.265 Dwelling, Detached.
19.90.270 Dwelling, Duplex.
19.90.275 Dwelling, Mobile Home.
19.90.280 Dwelling, Multiple Family.
19.90.285 Dwelling, Rooming House.
19.90.290 Dwelling, Second Floor Apartment.
19.90.300 Dwelling, Single Family.
19.90.302 Dwelling, Two Family.
19.90.305 Dwelling Unit.
19.90.307 Dwelling Unit, Efficiency.
19.90.310 Efficiency Dwelling Unit.
19.90.312 Enclosed Building.
19.90.315 Family.
19.90.317 Family Residential Care.
19.90.320 Fences and Walls.
19.90.322 Fence Open.
19.90.325 Fence, Partially Open.
19.90.327 Fence, Solid.
19.90.330 Floor Area.
19.90.332 Floor Area Ratio.
19.90.335 Floor Area, Residential.
19.90.337 Frontage.
19.90.340 Front Lot Line.
19.90.342 Gross Density.
19.90.345 Gross Lot Area.
19.90.347 Height, Building.
19.90.350 Height, Structure.
19.90.352 Home Child Day Care Service.
292
19.90.355 Hotel and Motel.
19.90.357 Hotel Apartment.
19.90.360 Institutional Child Day Care Service.
19.90.362 Interior Landscape Yard.
19.90.365 Interior Lot.
19.90.367 Interior Lot Line.
19.90.370 Junkyard.
19.90.372 Kennel.
19.90.375 Land Use.
19.90.377 Landscape Yard.
19.90.380 Limited Access Arterial.
19.90.382 Loading Facilities.
19.90.385 Local Street.
19.90.387 Lodging Room.
19.90.390 Lot.
19.90.392 Lot Area, Gross.
19.90.395 Lot Area, Net.
19.90.397 Lot Area, Zoning.
19.90.400 Lot, Corner.
19.90.402 Lot, Duplex.
19.90.405 Lot, Interior.
19.90.410 Lot Line.
19.90.415 Lot Line, Front.
19.90.420 Lot Line, Interior.
19.90.425 Lot Line, Rear.
19.90.430 Lot Line, Side.
19.90.435 Lot Line, Street.
19.90.440 Lot Line, Transition.
19.90.445 Lot of Record.
19.90.450 Lot, Through.
19.90.455 Lot Width.
19.90.460 Lot, Zoning.
19.90.465 Major Collector Street.
19.90.470 Marquee.
19.90.475 Master Signage Plan.
19.90.480 Mobile Home Dwelling.
19.90.485 Motor Vehicle.
19.90.490 Motor Vehicle Impoundment Yard.
19.90.495 Motor Vehicle Recycling Center.
19.90.500 Motor Vehicle Recycling Yard.
19.90.502 Motor Vehicle Repair Shop.
19.90.505 Motor Vehicle Top, Body, and Upholstery Repair
Shops, and Paint Shops.
19.90.507 Motor Vehicle Wrecking Yard.
19.90.510 Motor Vehicle Service Station.
19.90.512 Multiple Family Dwelling.
19.90.515 Municipal Facilities.
19.90.517 Net Density.
19.90.518 Net Lot Area.
19.90.520 Nonconforming Structure or Building.
19.90.522 Nonconforming Use.
19.90.525 Offices
19.90.527 Open Fence.
19.90.530 Original Residential Use.
293
19.90.532 Other Radio and Television Antennas.
19.90.535 Other Satellite Dish Antennas.
19.90.537 Outdoor.
19.90.540 Outdoor Eating and Drinking Facility.
19.90.542 Outdoor Display Area.
19.90.545 Outdoor Display Lot.
19.90.547 Parking Aisle.
19.90.550 Parking Area, Residential.
19.90.552 Parking Facility.
19.90.555 Parking Garage.
19.90.557 Parking Lot.
19.90.560 Parking Stall.
19.90.562 Parking Structure.
19.90.565 Partially Open Fence.
19.90.567 Permitted Use.
19.90.570 Planned Development.
19.90.572 Porch.
19.90.575 Principal Building.
19.90.577 Principal Use.
19.90.580 Radio and Television Antenna.
19.90.582 Rear Lot Line.
19.90.585 Rear Yard.
19.90.587 Recreational Vehicle.
19.90.590 Recycling Center.
19.90.592 Recycling Center Yard.
19.90.595 Recycling Collection Center.
19.90.597 Refuse Collection Area.
19.90.600 Residential Care.
19.90.605 Residential Care, Family.
19.90.610 Residential Floor Area.
19.90.615 Residential Garage Sale.
19.90.620 Residential Outdoor Storage of Firewood.
19.90.625 Residential Parking Area.
19.90.630 Residential Storage.
19.90.635 Residential Storage of Trucks and Buses.
19.90.640 Roominghouse Dwelling.
19.90.645 Satellite Dish Antenna.
19.90.650 Second Floor Apartment Dwelling..
19.90.655 Setback.
19.90.660 Setback, Vehicle Use Area.
19.90.665 Side Lot Line.
19.90.670 Side Yard.
19.90.675 Sign.
19.90.680 Signage Plan, Master.
19.90.685 Single Family Dwelling.
19.90.690 Site Capacity Formula.
19.90.695 Site Design Regulations.
19.90.700 Solid Fence.
19.90.705 Street.
19.90.710 Street, Arterial.
19.90.715 Street, Collector.
19.90.720 Street, Limited Access Arterial.
19.90.725 Street, Local.
19.90.730 Street Lot Line.
294
19.90.735 Street, Major Collector.
19.90.740 Street Yard.
19.90.745 Structural Alterations.
19.90.750 Structure.
19.90.755 Structure, Accessory.
19.90.760 Structure Height.
19.90.765 Structure or Building, Nonconforming.
19.90.770 Temporary Mining.
19.90.775 Temporary Use.
19.90.780 Through Lot.
19.90.785 Transition Landscape Yard.
19.90.790 Transition Lot Line.
19.90.795 Transition Yard.
19.90.800 Treatment, Transmission, and Distribution
Facilities: Equipment, Equipment Buildings,
Towers, Exchanges, Substations, Regulators.
19.90.805 Treatment, Transmission, and Distribution
Facilities: Poles, Wires, Cables, Conduits,
Laterals, Vaults, Pipes, Mains, and Valves.
19.90.815 Two Family Dwelling.
19.90.820 Unified Control.
19.90.825 Use, Accessory.
19.90.830 Use, Change in.
19.90.835 Use, Conditional.
19.90.840 Use, Land.
19.90.845 Use, Nonconforming.
19.90.850 Use, Original Residential.
19.90.855 Use, Permitted.
19.90.860 Use, Principal.
19.90.865 Use, Temporary.
19.90.870 Vehicle Use Area.
19.90.875 Vehicle Use Area Landscape Yard.
19.90.880 Vehicle Use Area Ratio.
19.90.885 Vehicle Use Area Setback.
19.90.890 Yard.
19.90.895 Yard, Interior Landscape.
19.90.900 Yard, Rear.
19.90.905 Yard, Side.
19.90.910 Yard, Street.
19.90.915 Yard, Transition.
19.90.920 Yard, Transition Landscape.
19.90.925 Yard, Vehicle Use Area Landscape.
19.90.930 Zoning Lot.
19.90.935 Zoning Lot Area.
19.90.005 Purpose and Intent.
The purpose and intent of the provisions for supplemen-
tary regulations is to provide definitions and additional
interpretive requirements for the words and terms used in
this chapter and title.
295
19.90.010 Supplementary Regulations - Generally.
Any word or phrase contained within this chapter fol-
lowed by the symbol "[SRI" shall be subject to the defini-
tions and the additional interpretive requirements provided
in this chapter. The exclusion of such symbol shall not ex-
empt such word or phrase from the applicable supplementary
regulation.
19.90.015 Accessory.
"Accessory" when used as a adjective describing a speci-
fic type of "land use" [SRI, "structure" [SRI, or "building"
[SRI shall mean that such land use, structure, or building
shall be established and maintained only in conjunction with
a "principal use" [SRI, and operated and maintained under
the same single ownership or unified control as the
principal use.
Such accessory land use, structure, or building shall be
located on the same "zoning lot" [SRI and within the same
mapped zoning district as the principal use, except "parking
facilities" [SRI, specifically authorized to be located
elsewhere.
Such accessory land use, structure, or building shall be
established subsequent to or concurrently with the estab-
lishment of the principal use of the zoning lot.
No specific type of land use, structure, or building, mod-
ified with word "accessory" whether so modified in the lists
of permitted uses and conditional uses, or in an applicable
supplementary regulation shall be subject to the provisions
of Section 19.90.825 Accessory Uses.
19.90.020 Accessory Building.
Refer to "Building, Accessory".
19.00.025 Accessory Building Coverage.
Refer to " Building Coverage, Accessory".
19.90.030 Accessory Building Coverage Ratio.
Refer to "Building Coverage Ratio, Accessory".
296
W3
19.90.035 Accessory Structure.
Refer to "Structure, Accessory".
19.90.040 Accessory Use.
Refer to "Use, Accessory".
19.90.045 Adaptive Reuse.
"Adaptive Reuse" shall mean the renovation of a struc-
ture no longer useful for the purpose for which it was de-
signed or intended so as to permit its reuse.
19.90.050 Alley.
."Alley" shall mean a right of way not exceeding twenty
four [247 feet in width, which provides a secondary means of
access to adjoining property. No alley shall be considered
a "street" [SR].
19.90.055 Alteration, Structural.
Refer to "Structural Alteration".
19.90.060 Amateur Radio Antenna.
Refer to "Antenna, Amateur Radio".
19.90.065 Antenna.
"Antenna" shall mean any system of wires, poles, rods,
reflecting discs, or similar devices used for the transmis-
sion, or reception of electromagnetic waves.
19.90.070 Antenna, Amateur Radio.
"Amateur Radio Antenna" shall mean an "accessory" [SR]
"antenna structure" [SR] utilized by amateur radio operators
licensed by the Federal Communications Commission. No ama-
teur radio antenna structure, whether mounted on a rooftop
or on the ground, shall exceed the height of seventy (70)
linear feet above the ground.
297
19.90.075 Antennas and Antenna Structures, Commercial.
"Commercial Antennas and Antenna Structures" shall mean
any "antenna" [SRI or "antenna structure" [SRI used in
providing antenna services at retail or wholesale.
19.90.080 Antennas, Other Radio and Television.
"Other Radio and Television Antennas" shall mean any
type of radio and television antenna which does not conform
to the provisions of Section 19.90.000 Antenna, Radio and
Television. Other radio and television antennas shall be
considered a "conditional use" [SRI and shall be subject to
the provisions of Chapter 19.65, Conditional Uses. As a
conditional use, priority shall be given to screening "other
radio and television antennas" from the view of adjoining
property and public rights of way.
19.90.085 Antennas, Other Satellite Dish.
"Other Satellite Dish Antennas" shall mean any type of
satellite dish antenna which does not conform to the provi-
sions of Section 19.90.000 Antenna, Satellite Dish. Other
satellite dish antennas shall be considered a "conditional
use" [SRI and shall be subject to the provisions of Chapter
19.65, Conditional Uses. As a conditional use, priority
shall be given to screening "other satellite dish anten-
nas" from the view of adjoining property and public rights
of way.
19.90.090 Antenna, Radio and Television.
"Radio and Television Antenna" shall mean an "accessory"
[SRI "antenna structure" CSRI utilized for radio and televi-
sion reception. Radio and television antennas shall be sub-
ject to the following supplementary regulations:
A. Size. The maximum dimension of a radio and television
antenna structures, whether height, length, widtt,, or
diameter, shall not exceed twelve 1121 linear feet.
B. Number. The maximum number of radio and television an-
tenna structures for each "zoning lot" [SRI shall be as
follows:
1. One [13 antenna structure for each "single family
detached dwelling" [SRI or for each "single family
attached dwelling" [SRI.
2. Two 12I antenna structures for each "two family
dwelling" [SRI.
298
3. One [1] antenna structure for each "multiple family
dwelling" [SRI, except for single family attached
dwellings which are regulated otherwise.
4. One [1] antenna structure for each tenant in a single
story "principal building" [SR] utilized by
nonresidential land uses.
5. One [I] antenna structure for each multiple story
principal building utilized by nonresidential land
uses.
C. Location. Radio and television antenna structures shall
be mounted on a "building" [SRI and shall be located on
the roof. No radio and television antenna structure
shall be mounted to any other type of "structure" [SR],
except a building.
19.90.095 Antenna, Satellite Dish.
"Satellite Dish Antenna" shall mean the disc type of
"antenna structure" [SRI. Satellite dish antennas shall be
subject to the following supplementary regulations:
A. Size and Humber. The maximum dimension of a satellite
dish antenna, whether height, length, width, or diameter,
shall not exceed twelve [12] linear feet. A maximum of
one [1] satellite dist, antenna shall be allowed for each
"principal building" [SRI on a "zoning lot" CSR].
�. Location - Building Mounted. Satellite dish antennas
mounted on a building shall be located on the roof, and
the "antenna structure" [SR] shall not extend above the
highest point of a hip, gable, or mansard roof. No
antenna structure shall be mounted on that portion of a
sloping roof which is visible from an adjoining public
right of way. An antenna structure mounted on a flat
roof shall be located at that point which is the farthest
distance from an adjoining public right of way. No sat-
ellite dish antenna structure shall be mounted to any
other type of "structure" [SR], except a "building" CSR].
C. Location - Ground Mounted. Satellite dish antennas
mounted on the ground shall be located within the rear
yard of a zoning lot. The antenna structure shall be
located a minimum of ten [10] linear feet from any "lot
line" [SR]. Any portion of a ground mounted satellite
dish antenna structure located within twenty [20] feet of
a zoning lot within a residence conservation district or
a residence district shall be screened from view by such
adjoining zoning lot with a densely planted, solid
299
evergreen hedge planted and maintained at a minimum of
five 15I linear feet in height.
19.90.100 Antenna Structure.
"Antenna Structure" shall mean an antenna and any mast,
pole, tripod, tower, concrete foundation, or similar struc-
ture utilized in extending or supporting an antenna.
19.90.102 Antenna Tower, Commercial.
"Commercial Antenna Tower" shall mean a "commercial
antenna" [SRI or "commercial antenna structure" [SRI, which
exceeds twenty five 1251 linear feet in height.
19.90.105 Arterial Street.
Refer to "Street, Arterial".
19.90.107 Apartment Dwelling.
Refer to "Dwelling, Apartment".
19.90.110 Apartment Hotel.
Refer to "Hotel, Apartment".
19.90.112 Attached Dwelling.
Refer to "Dwelling, Attached".
19.90.115 Basement.
"Basement" shall mean a portion of a "building" [SRI
located partly underground, but having less than half its
clear floor to ceiling height below the average grade of the
adjoining ground.
19.90.117 Bed and Breakfast Inn.
"Bed and Breakfast Inn" shall mean a "single family
dwelling" [SRI or portion thereof, where "lodging rooms"
[SRI for occupancy by transients are provided at a daily
rate of compensation for a maximum of seven (7) consecutive
days, and where meals are provided for compensation. The
operator of the inn shall reside on the same "zoning lot"
[SRI on which the inn is located. No lodging room shall
have cooking facilities. Bed and breakfast inns shall be
located on an "arterial street" [SRI.
19.90.120 Block.
"Block" shall mean land bounded by public rights of way,
railroad rights of way, unsubdivided land, public land,
watercourses, corporate boundary lines, any other barrier to
the continuity of development, or any combination thereof.
19.90.122 Buildable Area.
"Buildable area" shall mean the area of a "zoning lot"
[SRI on which a "building" [SRI may be located in square
feet minus the area of the "yards" [SRI in square feet, as
established by the required minimum building "setbacks" [SRI
from a "street lot line" [SRI, an "interior lot line" [SRI,
a "side lot line" [SRI, a "rear lot line" [SRI, or a
"transitional lot line" [SRI.
19.90.125 Building.
"Building" shall mean any structure with a pervious or
impervious roof, designed and intended to shelter persons or
personal property, and where the interior areas of such a
structure are accessible to persons.
19.90.127 Building, Accessory.
"Accessory Building" shall mean a "detached building"
LSRI or a portion of a "principal building" [SRI; which is
"accessory" [SRI to, and less important in area and extent
than the "principal building" [SRI; and in which a "land
use" [SRI, "accessory" [SRI to the principal use of the
"zoning lot" [SRI is conducted. Such accessory building
shall be located on the same zoning lot as the principal
building. An accessory building shall be considered as an
"accessory structure" [SRI.
19.90.130 Building, Conforming.
Refer to "Structure or Building, Conforming".
19.00.132 Building Coverage.
"Building Coverage" shall mean the sum of the gross
horizontal area of the ground floor measured in square feet
301
from the exterior faces of the exterior walls of all
"buildings" [SRI on a "zoning lot" [SRI. Building coverage
shall include "accessory building coverage" [SRI.
19.00.135 Building Coverage, Accessory.
"Accessory building coverage" shall mean the sum of the
gross horizontal area of the ground floor measured in square
feet from the exterior faces of the exterior walls of all
"accessory buildings" [SRI on a "zoning lot" [SRI.
19.90.137 Building Coverage Ratio.
"Building coverage ratio" shall mean the numerical site
capacity value obtained by dividing the "building coverage"
[SRI on a "zoning lot" by the "zoning lot area" [SRI of such
zoning lot.
19.90.140 Building Coverage Ratio, Accessory.
"Accessory building coverage ratio" shall mean the
numerical site capacity value obtained by dividing the
"accessory building coverage" [SRI of a "zoning lot" [SRI by
the "zoning lot area" [SRI of such zoning lot.
19.90.142 Building, Detached.
"Detached building" means a "building" [SRI surrounded
by open space on the same "zoning lot" [SRI.
19.90.145 Building, Enclosed.
"Enclosed Building" shall mean a "building" [SRI separ-
ated on all sides from the adjoining open space, or from
other buildings or other structures, by a permanent roof and
by exterior walls having only windows and normal entrance or
exit doors, or by party walls.
19.90.147 Building Height.
Refer to "Height, Building".
19.90.150 Building Line.
"Building Line" or "building setback line", or "setback
line" shall mean a line parallel with a " lot line" [SRI,
which delineates the required minimum "building" [SRI
302
"setback" [SRI from a "street lot line" [SRI, a "side lot
line" [SRI, an "interior lot line" [SRI, or a "rear lot
line" [SRI to the face of all buildings located on a "zoning
lot" [SRI.
19.90.152 Building, Nonconforming.
Refer to "Structure or Building, Nonconforming."
19.90.155 Building, Principal.
"Principal Building" shall mean a "detached and enclosed
building" [SRI, Which is most important in area and extent
to all other "buildings" [SRI located on a "zoning lot"
[SRI, or shall mean a detached and enclosed building in
which the "principal use" [SRI of a zoning lot is conducted.
A building which is partitioned completely by an "accessory
building" [SRI into two [2I or more portions shall be
considered more than one 113 principal building.
19.90.157 Business.
"Business" shall mean an occupation, employment, or
enterprise which occupies time, attention, labor, and
materials, or wherein merchandise is exhibited, bought, or
sold, or where services are offered for compensation.
19.90.160 Canopy.
"Canopy" shall mean an "accessory building" [SRI, which
is not an "enclosed building" [SRI, which is either attached
to the principal building or located within five 15I linear
feet of the principal building, and which is totally or
partially supported by poles or columns, which extend to the
ground.
19.90.162 Car Wash.
"Car Wash" shall mean any land, "structure" [SRI,
"building" [SRI or portion thereof containing facilities for
washing, cleaning, polishing, waxing, or drying one [13 or
more "motor vehicles" [SRI using production line methods
with a chain conveyor, blower, steam cleaning equipment, or
other mechanical device; or providing space, water, equip-
ment, or soap for the complete or partial hand washing of a
motor vehicle. Car washes may include open vacuum bays and
a maximum of one 113 open wast, bay. The open wash bay shall
be screened on both sides by a minimum six [6I foot wall of
303
the same construction material as the "principal building"
[SRI. 0)
19.90.165 Cellar.
"Cellar" shall mean the portion of a "building" [SRI
located partly or wholly underground, and having half or
more of its clear floor to ceiling height below the average
grade of the adjoining ground.
19.90.167 Change in Use.
Refer to "Use, Change in".
19.90.170 City Engineer.
Refer to Chapter 19.80, Administration and Enforcement.
19.90.172 Code Enforcement Officer.
Refer to Chapter 19.80, Administration and Enforcement.
19.90.175 Collector Street'
Refer to "Street, Collector".
19.90.177 Commercial Antenna and Antenna Structures.
Refer to "Antennas and Antenna Structures, Commercial".
19.90.180 Commercial Antenna Tower
Refer to "Antenna Tower, Commercial".
19.90.182 Commercial Operations Yard.
"Commercial Operations Yard" shall mean a "yard" [SRI or
a "building" [SRI, which is open to the adjoining open space
on one 11I or more sides, utilized for the storage of "motor
vehicles" [SRI, equipment, or materials necessary for and
"accessory" [SRI to the "principal use" [SRI served; util-
ized as a "motor vehicle impoundment yard" [SRI; utilized as
a "motor vehicle recycling yard" [SRI; or utilized as a "re-
cycling yard" [SRI. No commercial operations yard shall be
utilized as a "junkyard" [SRI or as a "motor vehicle wreck -
304
ing yard" [SRI. Commercial operations yards shall be sub-
ject to the following supplementary regulations:
A. Setbacks. No commercial operations yard shall be
located within a required "building" [SRI "setback" [SRI
from a "street lot line" [SRI. Commercial operations
yards shall be setback a minimum of ten [103 linear feet
from any "interior lot line" [SRI.
B. Surfacing. Commercial operations yards shall be improved
with a minimum eight 183 inch compacted gravel base with
a type A3 sealcoat overlay or an equivalent as approved
by the City Engineer. Where peavey equipment is driver,
within a commercial operations yard, the surface may be
improved with a minimum twenty four 1243 inch compacted
gravel surface as approved by the "Development Adminis-
trator" [SR3 or an equivalent as approved by the "City
Engineer" [SRI.
C. Dust Control. Where a gravel surface is approved by the
Development Administrator and the City Engineer, dust
control for the commercial operations yard shall be
provided including an application of calcium chloride or
an equivalent approved by the City Engineer. Reapplica-
tions of the dust control measures shall be made at the
direction of the "Code Enforcement Officer" [SRI.
C. Stormwater Control. Stormwater control for a commercial
operations yard shall be subject to the provisions of
Title 18, Subdivisions; Chapter 18.36, Stormwater
Control.
1. Seal Coat or Other Impervious Surfaces. Surface water
shall be discharged into an adequate storm sewer sys-
tem, or alternate drainage system if storm sewer is
not available. Drainage shall not be permitted to
flow directly across sidewalks. The intent of this
section is to provide for the collection of Stormwater
within the commercial operations yard versus the over-
land flow of water onto public rights of way or onto
adjoining property. The City Engineer may require
that the facilities be designed with on site Storm -
water detention capabilities where the existing storm
sewer system has insufficient capacity.
2. Gravel Surface. Where a gravel surface is approved by
the Development Administrator and the City Engineer,
no stormwater shall be allowed to flow overland onto
adjoining public rights of way or onto adjoining
property. Stormwater shall be directed to and
collected in an on site retention/settling facility,
as approved by the City Engineer.
305
D. Screening. A commercial operations yard shall be
screened on all sides not adjoining an "enclosed build-
ing" [SRI by a "solid fence" [SRI constructed and main-
tained at a minimum "structure height" [SRI of six 163
feet. No materials or equipment shall be stored at a
height greater than the height of the screening fence.
No chain link or mesh type of fence with "inserted
screening slats" shall be acceptable in complying with
the provisions of this section.
E. Landscaping.
1. Trees - Type. Required trees shall be of an approved
type, shall measure not less than two [23 inches in
diameter nor less than ten [103 feet in height, and
shall include a minimum of four 143 species. The
following trees shall not be permitted: American elms,
Chinese elms, cottonwood, box elders, silver maples,
poplars in variety, willows in variety, or other
similar fast growing brittle wood species.
2. Trees - Number and Location. Trees shall be planted
within the required setbacks from a "lot line" [SRI.
The number of required trees shall be calculated by
dividing the total linear footage on all sides of the
commercial operations yard by fifty [503 feet, but
shall not be less than two [23 trees for each side. 141
That part of any side of a commercial operations yard
immediately adjoining the building which the yard
serves shall not be included in the calculation. Re-
quired trees may be clustered as approved by the De-
velopment Administrator.
3. Shrubs - Type. Required shrubs shall.be of an
approved type and shall be maintained at not less than
two 123 feet in height at any location and not more
than three [3I feet in height within any required
"setback" [SRI from a "street lot line" [SRI.
4. Shrubs - Number and Location. A commercial operations
yard shall be landscaped with shrubs along fifty [503
percent of each exterior side of the required screen-
ing fence, excepting along that part of any side im-
mediately adjoining the building which the yard
serves. Three [33 shrubs shall be required for each
ten 1103 feet of the perimeter of the yard. Plant
material may be clustered as approved by the Devlop-
ment Administrator. Those portions of the landscaped
areas containing no trees or shrubs shall be land-
scaped with grass or other suitable ground cover. The
landscaped areas shall be maintained free of litter
and weeds, and all dead and unsightly plant material
shall be replaced. Al
19.90.185 Common Household.
" Common Household" shall mean, the joint occupancy and
use of an entire "dwelling unit" CSR] and the facilities
therein, with the exception of bedrooms, by all of the
residents.
19.90.187 Conditional Use.
Refer to "Use, Conditional"..
19.90.190 Conforming Structure or Building.
Refer to "Structure or Building, Conforming".
19.90.192 Contractor's Office and Equipment Areas.
"Contractor's office and equipment areas" shall mean
land, structures, and buildings used for the storage of
construction materials and equipment incidental and neces-
sary to development and construction. Contractor's office
and equipment areas shall be located on the same property
where development or construction is occurring, or on con-
tiguous property. Contractor's office and equipment areas
shall be in operation for a period of time not to exceed
such development or construction and shall comply with all
applicable codes and ordinances, except Chapter 19.45, Off
,Street Parking.
19.90.195 Corner Lot.
Refer to "Lot, Corner".
19.90.197 Day Care Service, Home Child.
"Home Child Day Care Service" shall mean service "acces-
sory" [SR] to a "dwelling unit" CSR] which receives a
license from the State Department of Children and Family
Services for not more then eight [8] children for care
during the day. The maximum number of children under age
eighteen [18] being cared for, including the family's
natural or adopted children, shall not exceed eight [8].
307
19.90.200 Day Care Service, Institutional Child.
"Institutional Child Day Care Service" shall mean a
child day care service which receives a license from the
State Department of Children and Family Services operated in
conjunction with or "accessory" [SRI to an institutional
facility such as, but not limited to schools and churches.
19.90.205 Density, Gross.
"Gross Density" shall mean the numerical site capacity
value obtained by dividing the total number of 'dwelling
units" [SRI on a "zoning lot" [SRI by the area of such
zoning lot.
19.90.210 Density, Net.
"Het Density" shall mean the numerical site capacity
value obtained by dividing the total number of "dwelling
units" [SRI on a "zoning lot" [SRI by the area of such zon-
ing lot, excluding nonresidential uses, public and private
rights of way for "streets" [SRI, wetlands, watercourses,
and open space which has been designated in compliance with
Title 17, Development Impact Fees.
19.90.215 Detached Dwelling.
Refer to 'Dwelling, Detached".
19.9.0.220 Development Administrator.
Refer to Chapter 19.80, Administration and Enforcement.
19.90.225 Development Sales Office.
"Development sales office" shall mean a building or por-
tion thereof used as a real estate "office" [SRI for the
sale of land or "buildings" [SRI located within a new subdi-
vision or planned development during development and con-
struction. The development sales office shall be located on
the same property where development or construction is oc-
curring, or on contiguous property. Development sales of-
fices shall be in operation for a period of time not to ex-
ceed such development or construction. Development sales
offices shall comply with all applicable codes and ordi-
nances with the following exceptions for off street parking:
The required number of parking spaces for an office use
shall be provided. The calculation for the required number
308
0
of parking spaces shall be based on the "floor area" [SRI
given exclusively to the office use. The required number of
parking spaces shall be constructed in conformance to Chap-
ter 19.45, Off Street Parking. Additional parking may be
provided and may have a gravel surface and need not be land-
scaped. Dust control for such additional parking with a
gravel surface shall be provided and shall include an appli-
cation, of calcium chloride or an equivalent approved by the
"City Engineer" [SRI. Reapplications of the dust control
measures shall be made at the direction of the "Code En-
forcement Officer" [SRI.
19.90.230 Drive Through Facility.
"Drive Through Facility" shall mean any "vehicle use
area" [SRI on which business is transacted directly with
customers while the customers are located within in a "motor
vehicle" [SRI.
19.90.235 Driveway.
"Driveway" shall mean, the way of vehicular access from a
public or private right of way or "street" [SRI to a "park-
ing structure" [SRI, a "parking lot" [SRI, a "parking aisle"
[SRI, a "parking garage" [SRI, or a "residential parking
area" [SRI. Driveways shall adjoin and provide direct vehi-
cular access to "parking stalls" [SRI located only within a
parking garage or within, a residential parking area. Drive-
ways to parking structures and parking lots, which are de-
signed and utilized for a two way vehicular movement and
which afford a primary means of access to two 12I or more
"lots of record" [SRI shall be considered a street.
19.90.240 Duplex Dwelling.
Refer to "Dwelling, Duplex".
19.90.245 Duplex Lot.
Refer to "Lot, Duple:".
19.90.250 Dwelling.
"Dwelling" shall mean any "building" [SRI or, any portion,
thereof used exclusively as a "dwelling unit" [SRI.
309
19.90.255 Dwelling, Apartment.
"Apartment Dwelling" shall mean a "building" [SR] or a
portion thereof in which a "dwelling unit" [SR] or a portion
thereof is located above or below another dwelling unit, or
above or below any other independently used portion of the
building.
19.90.260 Dwelling, Attached.
"Attached Dwelling" shall mean a "building" [SR] con-
taining two [2: or more "dwelling units" [SR] where each
dwelling unit is joined to another dwelling unit on one [1]
or more sides by a common wall. No dwelling unit or portion
thereof within an attached dwelling shall be located above
or below another dwelling unit. Each dwelling unit shall
have its primary access to the outside on the ground floor.
19.90.265 Dwelling, Detached.
"Detached Dwelling" shall mean a "building" [SR] con-
taining one [1] "dwelling unit" [SR], which is not attached
to any other dwelling unit by any means and which is en-
tirely surrounded by open space on the same "zoning lot"
[SR].
19.90.270 Dwelling, Duplex.
"Duplex Dwelling" shall mean a "building" [SR] con-
taining two [2] "dwelling units" [SR] where one [1] dwelling
unit is joined with the other dwelling unit on one [1] side
by a common wall. No dwelling unit or portion thereof
within a duplex dwelling shall be located above or below
another dwelling unit. Each dwelling unit shall have its
primary access to the outside on the ground floor.
19.90.275 Dwelling, Mobile Home.
"Mobile Home Dwelling" shall mean a "single family
dwelling" [SRI, which is manufactured off site, transport-
able in one [1] or more sections, and built on a permanent
chassis; but which is not constructed with a permanent hitch
or other device allowing transport of the dwelling other
than for the purpose of delivery to a permanent site, and
which does not have wheels or axles permanently attached to
its body or frame.
310
19.90.280 Dwelling, Multiple Family.
"Multiple Family Dwelling" shall mean a "building" [SRI
or portion thereof containing three [3I or more "dwelling
units" [SRI within an "attached dwelling" CSR] or within an
"apartment dwelling" CSR].
19.90.285 Dwelling, Rooming House.
"Rooming House Dwelling" shall mean a "building" [SRI,
or a portion thereof, utilized as a "dwelling unit" [SR:
which is the primary residence of the owner and which
contains "lodging rooms" CSR] for occupancy at a monthly
rate of compensation by permanent residents who are not
related to the owner. A rooming house maintains a "common
household" [SRI. Rooming house "dwellings" [SRI include
boarding houses and lodging houses, but exclude "residential
care" [SRI.
19.90.290 Dwelling, Second Floor Apartment.
"Second Floor Apartment Dwelling" shall mean a "build-
ing" CSR] containing no "dwelling units" [SRI on the first
floor, but one [1] or more dwelling units on the second
floor.
19.90.300 Dwelling, Single Family.
"Single Family Dwelling" shall mean a "building" [SR]
containing one [1] "dwelling unit" CSR].
19.90.302 Dwelling, Two Family.
"Two Family Dwelling" shall mean a "building" [SRI
containing two 12I "dwelling units" [SRI within an "attached
dwelling" [SRI, within a "duplex dwelling" [SRI or within a
building where one dwelling unit is on the first floor and
the second dwelling unit is on the second floor.
19.90.305 Dwelling Unit.
"Dwelling unit" shall mean one [1] or more rooms within
a dwelling, which are designed, intended, and used exclu-
sively for human habitation within a "common household" [SRI
for one [1] "family" [SR]. Each dwelling unit shall have
individualized and independent entrance, cooking, sleeping,
and sanitary facilities.
311
19.90.307 Dwelling Unit, Efficiency.
"Efficiency Dwelling Unit" shall mean a "dwelling unit"
[SRI consisting of not more than one [1] habitable room with
adjuir,ing cooking and sanitary facilities.
19.90.310 Enclosed Building.
Refer to "Building, Enclosed".
19.90.312 Efficiency Dwelling Unit..
Refer to "Dwelling Unit, Efficiency".
19.90.315 Family.
"Family" shall mean one [1] or more persons each related
to the other by blood or marriage including adopted or fos-
ter children, plus domestic employees; a group of not more
than three 1233 persons not all so related, plus domestic
employees; or persons participating in a program for "resi-
dential care" [SRI, plus support staff; each of which shall
maintain a "common household" [SRI.
19.90.317 Family Residential Care.
Refer to "Residential Care, Family".
19.90.320 Fences and Walls.
"Fences and Walls" shall each have their customary and
traditional definitions. Fences and walls located within
required "building" [SRI "setbacks" [SRI from "lot lines"
[SRI shall be subject to the following supplementary
regulations:
A. Required Street Setbacks.
1. Solid Fences and Walls. Within a required building
setback from a "street lot line" [SRI, no "solid
fence" [SRI or wall shall exceed three 13I linear feet
in "structure height" [SRI, except as may be otherwise
authorized or required by this title.
2. Partially Open and Open Fences. Within a required
building setback from a street lot line, no "partially
open fence" [SRI or "open fence" [SRI shall exceed
.:�1L
four 147 linear feet in structure height, except as
may be otherwise authorized or required by this title.
3. Parks, Playgrounds, and Recreational Areas. Within a
required building setback from a street lot line, no
open fence shall exceed six [61 linear feet in struc-
ture height, where located between a private street or
a public right of way, and an organized park, play-
ground, or other recreational area.
4. Through Zoning Lots. Within a required building
setback from a street lot line, for "through lots"
[SRI located within a residence conservation, district
or a residence district, any type of fence, or wall
shall be allowed to a maximum structure height of six
[6I linear feet within a required building setback
from a street lot line, located between the rear line
of the "principal building" [SRI and the "rear lot
line" [SRI of the "zoning lot" [SRI, provided that
such fence or wall is screened from the adjoining
street with a combination plant materials. Such
screening shall be constructed and maintained at not
less than three 13I linear feet in height nor more
than six 16I linear feet in height. The planting area
shall be maintained free of litter, weeds, or other
debris and all dead plant material shall be replaced.
B. Required Side Setbacks and Rear Setbacks. Within a re-
quired building setback from a "side lot line" [SRI and
within a required building setback from a "rear lot line"
[SRI, no fence or wall of any type shall exceed six 16I
linear feet in structure height, except as may be other-
wise authorized or required by this title.
19.90.322 Fence, Open.
"Open Fence" shall mean a fence that where viewed
perpendicular to the plane of the fence, such fence shall be
penetrable by vision, in an amount equal to or greater than
eighty 1801 percent of such plane. Open fences shall
include, but shall not be limited to chain link and mesh
types of fences.
19.90.325 Fence, Partially Open.
"Partially Open Fence" shall mean a fence that where
viewed perpendicular to the plane of the fence, such fence
shill be penetrable by vision in an amount equal to or
greater than forty [401 percent of such plane. Partially
..Avo- open fences shall include, but shall not be limited to board
on board and picket types of fences.
313
19.90.327 Fence, Solid.
"Solid Fence" shall mean a fence that where viewed
perpendicular to the plane of the fence, no such fence shall
be penetrable by vision. Solid fences shall include, but
shall not be limited to stockade types of fences.
19.90.330 Floor Area.
"Floor area" shall mean the sum of the gross horizontal
areas of all floors of all "enclosed buildings" [SRI on a
"zoning lot" [SRI including "parking structures", measured
in square feet including the basement floor; the attic
floor; the penthouse floor; interior balcony and mezzanine
floors; enclosed porch and enclosed balcony floors; elevator
shaft and stairwell floors at each story; mechanical equip-
ment floors, except roof mounted equipment; and floors for
accessory uses; if such floor area is designed, intended, or
used for human habitation or use. Floor area shall be meas-
ured from the exterior faces of the exterior walls or from
the centerline of walls separating two buildings.
19.90.332 Floor Area Ratio.
"Floor area ratio" shall mean the numerical site
capacity value obtained by dividing the "floor area" [SRI on
a "zoning lot" [SRI by the "lot area" [SRI of such zoning
lot.
19.90.335 Floor Area, Residential.
"Residential Floor Area" shall mean "floor Area" [SRI,
excluding the area of all floors of all "accessory build-
ings" [SRI, used exclusively for storage or as a "parking
garage" [SRI.
19.90.337 Frontage.
"Frontage" shall mean that portion of a "lot line" [SRI
which is coterminous with a public right of way or a private
"street" [SRI.
19.90.340 Front Lot Line.
Refer to "Lot Line, Front".
314
19.90.342 Gross Density.
Refer to "Density, Gross".
19.90.345 Gross Lot Area.
Refer to "Lot Area, Gross".
19.90.347 Height, Building.
"Building height" shall mean the vertical distance
measured from the established average grade at the foun-
dation to the highest point of the underside of the ceiling
beams, in the case of a flat roof; to the deck line of a
mansard roof; and to the mean level of the underside of raf-
ters between the eaves and the ridge of a gable, hip, or
gambrel roof. Chimneys, spires, towers, elevator pent-
houses, tanks, and similar projections other than signs
shall not be included in calculating the height.
19.90.350 Height, Structure.
"Structure height" shall mean the vertical distance
measured from the established average grade at the foun-
dation to the highest point of the "structure" [SRI.
19.90.352 Home Child Day Care Service.
Refer to "Day Care Service, Home Child".
19.90.355 Hotel and Motel.
"Hotel and Motel" shall mean a "building" [SRI with
rooms as sleeping and living quarters for occupancy by
transient guests at a daily rate of compensation. Such
rooms shall have individual bathroom facilities and may have
individual cooking facilities.
19.90.357 Hotel, Apartment.
"Apartment Hotel" shall mean a "hotel" [SRI in which at
least fifty 1503 percent of the "lodging rooms" [SRI are for
occupancy by permanent residents at a monthly rate of com-
pensation.
19.90.360 Institutional Child Day Care Service.
Refer to "Day Care Service, Institutional Child".
19.90.362 Interior Landscape Yard.
Refer to "Yard, Interior Landscape".
19.90.365 Interior Lot.
Refer to "Lot, Interior".
19.90.367 Interior Lot Line.
Refer to "Lot Line, Interior".
19.90.370 Interior Yard.
Refer to "Yard, Interior".
19.90.372 Junkyard.
"Junkyard" shall mean any land utilized for the outdoor 4F
accumulation of scrap, waste material, debris, or other ma-
terial commonly described as junk. The outdoor accumulation,
of junk shall be subject to the provisions of Title 9 Health
and Safety, Chapter 9.36 Storage of Junk and Waste Material
of this code. A junkyard includes an auto -wrecking yard,
but does not include uses carried on entirely within "en-
closed buildings" [SRI.
19.90.375 Kennel.
"Kennel" shall mean any facility where four 14I or more
dogs over four 14I months of age are boarded, bred, or
offered for sale.
19.90.377 Land Use.
Refer to "Use, Land".
19.90.380 Limited Access Arterial Street.,
Refer to "Street, Limited Access Arterial".
316
19.90.382 Loading Facilities.
"Loading Facilities" shall
[SRI utilized for the loading
cles" [SRI, including but not
use areas" [SRI.
19.90.385 Local Street.
Refer to "Street, Local".
19.90.387 Lodging room.
mean any land or "structure"
or unloading of "motor vehi-
limited to berths and "vehicle
"Lodging Room" shall mean a room rented as sleeping and
living quarters, but without cooking facilities, and with or
without an individual bathroom. In a suite of rooms, each
room shall be counted as one lodging room.
19.90.390 Lot.
"Lot" shall mean a "zoning lot" [SRI.
19.90.392 Lot Area, Gross.
"Gross Lot Area" shall mear, the area of a horizontal
plane bounded by the vertical planes of the "lot lines" [SRI
of a "zoning lot" [SRI, excluding public rights of way for
"streets" [SRI.
19.90.395 Lot Area, Net.
"Net Lot Area" shall mean the area of a horizontal plane
bounded by the vertical planes of the "lot lines" [SRI of a
"zoning lot" [SRI, excluding the area of public and private
rights of way for "streets" [SRI, wetlands, watercourses,
and open space which has been designated in compliance with
Title 17, Development Impact Fees.
19.90.397 Lot Area, Zoning.
"Zoning Lot Area" shall mear, "net lot area" [SRI in the
residence conservation districts and in the residence dis-
tricts, and "zoning lot area" shall mear, "gross lot area"
[SRI in the community.facility district, in the business
districts, and in the industrial districts.
317
19.90.400 Lot, Corner.
"Corner lot" shall mean a "zoning lot" [SRI adjoining
two 12I or more intersecting "streets" [SRI; or a zoning lot
at the point of deflection in the alignment of a single
street, where the interior angle of such lot does not exceed
one hundred thirty five [135] degrees.
19.90.402 Lot, Duplex.
"Duplex Lot" shall mean two (2) "lots of record" [SRI,
wi,ich comprise a "zoning lot" [SRI intended for a "two
family dwelling" [SRI.
19.90.405 Lot, Interior.
"Interior Lot" shall mean a "zoning lot" [SRI which is
not a corner lot [SRI or a through lot [SRI.
19.90.410 Lot Line.
"Lot Line" shall mean a property boundary line of a
"zoning lot" [SRI.
19.90.415 Lot Line, Front.
"Front Lot Line" shall mean a "street lot line" [SRI.
Front lot lines shall be subject to the following supple-
mentary regulations:
A. Interior Lot. For an "interior lot" [SRI, the front lot
line shall be the street lot line.
B. Corner Lot. For a "corner lot" [SRI, the front _lot line
shall be the shortest of the two [2I street lot lines, or
where such lines are equal, either street lot line may be
designated as the front lot line, as may be approved by
the Development Administrator.
C. Through Lot. For a "through lot" [SRI, the front lot
line shall be that street lot line which has been
designated as the front lot line by the majority of the
other zoning lots with the same "block" [SRI "frontage"
[SRI, the front lot line shall be that street lot line as
specified within any covenants or restrictions on the
applicable, recorded plat of subdivision, or the front
lot line shall be that street lot line as designated by
the Development Administrator.
318
19.90.420 Lot Line, Interior.
"Interior Lot Line" shall mean any "lot line" [SRI that
is not a "street lot line" [SRI.
19.90.425 Lot Line, Rear.
"Rear Lot Line" shall mean that "interior lot line" [SRI
which is most distant from or is approximately parallel to
the "front lot line" [SRI. If the rear lot line of an
"interior lot" [SRI or of a "through lot" [SRI is less that,
ten 1107 feet in length, or if the lot forms a point at the
rear, the rear lot line shall be deemed to be a line ter,
1107 feet in length within the lot, parallel to, and at the
maximum distance from, the front lot line. For the purposes
of this section, if the front lot line is on a radius, the
front lot line shall be considered to be that straight line
which can be drawn between the intersections of the front
lot line and the "side lot lines" [SRI.
19.90.430 Lot Line, Side.
"Side Lot Line" shall mean any "lot lire" [SRI that is
not a "street lot line" [SRI or a "rear lot line" [SRI.
19.90.435 Lot Line, Street.
"Street Lot Line" shall mean that "lot line" [SRI, which
adjoins an individual public right of way or a private
"street" [SRI.
19.90.440 Lot Line, Transition.
Refer to " Transition Lot Line".
19.90.445 Lot of Record.
"Lot of Record" shall mean land which is separately
designated as a lot on a plat of subdivision duly recorded
in the office of the recorder of deeds in the county in
which said lot is located; or a parcel of land, the deed to
which is recorded in the office of said recorder, showing
title as a separate entity, and which is assessed as a
separate entity for tax purposes.
319
19.90.450 Lot, Through.
"Through Lot" shall mean a "zoning lot" [SRI, which has
two [2I substantially parallel "street lot lines" [SRI which
do not intersect, and which is not a "corner lot" [SRI.
19.90.455 Lot Width.
"Lot Width" shall mean the length of a straight line
that is parallel or approximately parallel to the "front lot
line" [SRI of a "zoning lot" [SRI, and which is located
between the points of intersection of the "building line"
[SRI and the "side lot lines" ISR], or for a "corner lot"
[SR] that "street lot line" [SRI which is not the front lot
line.
19.90.460 Lot, Zoning.
"Zoning Lot" shall mean land which is legally described
as a separate tract of land, or legally described as one [13
or more "lots of record" [SRI or a portion thereof; which is
located within a single "block" [SRI with "frontage" [SRI on
a public right of way; which is developed under single
ownership or "unified control" [SRI as a single unit with
respect to the provision of onsite stormwater control
systems, onsite municipal sanitary sewer and water systems,
or onsite off street parking facilities.
19.90. 465 Major Collector Street.
Refer to "Street, Major Collector".
19.90.470 Marquee.
"Marquee" shall mean any hood of ipermanent construction
projecting from the wall of a "building" [SRI but not
supported by the ground or sidewalk serving the purpose of
providing shelter and protection from the weather.
19.90.475 Master Signage Plan.
Refer to "Signage Plan, Master".
19.90.480 Mobile Home Dwelling.
Refer to "Dwelling, Mobile Home".
320
19.90.485 Motor Vehicle.
"Motor Vehicle" shall mean any self propelled wheeled
vehicle designed primarily for transportation of persons or
goods along "streets" [SRI.
19.90.490 Motor Vehicle Impoundment Yard.
"Motor Vehicle Impoundment Yard" shall mean a 'commer-
cial operations yard" [SRI which is utilized exclusively for
the storage of "motor vehicles" [SRI towed as a result of
accidents or various police orders in conjunction with and
pursuant to Title 6, Business Licenses and Regulations,
Chapter 6.84 Removal of Motor Vehicles of this code. Motor
vehicle impoundment yards shall be illuminated by artificial
light from dusk to dawn and shall be completely enclosed
with a minimum six 16I foot in "structure height" [SRI
"solid fence" [SRI with a locking gate. Motor vehicle
impoundment yards shall be subject to the provisions of
Section 19.90.182 Commercial Operations Yard.
19.90.495 Motor Vehicle Recycling Facility.
"Motor Vehicle Recycling Facility" shall mean a "build-
ing" [SRI or portion thereof, where "motor vehicles" [SRI
are disassembled for the purpose of providing new, used, or
recycled motor vehicle replacement parts for sale at whole-
sale or retail. Motor vehicle recycling facilities shall be
subject to the following supplementary regulations:
<A. Processing. All disassembly shall be conducted entirely
withir, an "enclosed building" [SRI.
B. Storage. All motor vehicles being held for disassembly
and all vehicle parts being held for sale at wholesale or
retail, or fzr disposal shall be located entirely withir,
an enclosed b;.ilding.
19.90.500 Motor Vehicle Recycling Yard.
"Motor Vehicle Recycling Yard" shall mean a "commercial
operations yard" [SRI utilized "accessory" [SRI to a "motor
vehicle recycling facility" [SRI. Motor vehicle recycling
yards shall be subject to the following supplementary
regulations:
A. Location. No motor vehicle recycling facility with an
accessory motor vehicle recycling yard shall be located
within one thousand [1000] linear feet of a residence
conservation district, a residence district, or a
community facility district.
321
B. Design and Operation - Generally. The design and
operation of a motor vehicle recycling facility with an
accessory motor vehicle recycling yard shall comply with
all applicable state and federal regulations.
C. Operation. The operation of a motor vehicle recycling
facility with an accessory motor vehicle recycling yard
shall be limited such that all disassembly of motor
vehicles shall be conducted entirely within an enclosed
building; and such that the motor vehicles being held for
disassembly and all vehicle parts being held for sale at
wholesale or retail, or for disposal may be located
entirely within an enclosed building; outdoors within the
motor vehicle recycling yard; or within a combination,
thereof.
D. Setbacks. No motor vehicle •recycling yard shall be
located within a required building setback from a street
lot line" [SRI. Motor vehicle recycling yards shall be
setback a minimum of twenty five 1251 linear feet from
any "interior lot line" [SRI.
E. Commercial Operations Yard. Motor vehicle recycling
yards shall be subject to the provisions of Section
19.90. 182 Commercial Operations Yard.
19.90.502 Motor Vehicle Repair Shop.
"Motor Vehicle Repair Shop" shall mean the servicing,
maintenance, or repair of "motor vehicles" [SRI conducted
entirely within an "enclosed building" [SRI. Inoperable
motor vehicles may be parked temporarily on the premises
while waiting to be serviced, but no inoperable motor
vehicle shall be stored on the premises.
19.90.505 Motor Vehicle Top, Body, and Upholstery Repair
Shops, and Paint Shops.
"Motor Vehicle Top, Body, and Upholstery Repair Shops,
and Paint Shops" shall mean the repair, rebuilding,
reconditioning, or painting of "motor vehicles" [SRI,
including the top, body, upholstery, or frame, conducted
entirely within an "enclosed building" [SRI. Inoperable
motor vehicles may be parked temporarily on the premises
while waiting to be serviced, but no inoperable motor
vehicle shall be stored on the premises.
322
19.90.507 Motor Vehicle Wrecking Yard.
"Motor Vehicle Wrecking Yard" shall mean any land where
two 12I or more inoperable "motor vehicles" [SRI, or the
parts thereof, are stored outdoors and where such motor
vehicles are not in the process of being restored to
operation within an "enclosed building" [SRI and within
thirty 1301 days. A motor vehicle wrecking yard shall be
considered a "junkyard" [SRI.
19.90.510 Motor Vehicle Service Station.
"Motor Vehicle Service Station" shall mean any land,
"building" [SRI, or portion thereof, where fuel or oil for "
"motor vehicles" [SRI is offered for sale at retail. Such
fuel or oil may be dispensed outdoors. "Motor vehicle
service stations" does not include "food stores", "general
merchandise stores", or "liquor stores", which are individ-
ually enumerated as permitted uses or conditional uses.
19.90.512 Multiple Family Dwelling.
Refer to "Dwelling, Multiple Family".
19.90.515 Municipal Facilities.
"Municipal Facilities" shall mean any facility which is
owned or operated by the City of Elgin.
19.90.517 Net Density.
Refer to "Density, Net".
19.90.518 Net Lot Area.
Refer to "Lot Area, Net".
19.90.520 Nonconforming Structure or Building.
Refer to "Structure or Building, Nonconforming".
19.90.522 Nonconforming Use.
Refer to "Use, Nonconforming".
323
19.90.525 Office.
"Office" shall mean any "building" [SRI or portion
thereof utilized for the transaction of business limited to
the preparation or processing of information, documents,
plans, or graphics.
19.90.527 Open Fence.
Refer to "Fence, Open".
19.90.530 Original Residential Use.
Refer to "Use, Original Residential".
19.90.532 Other Radio and Television Antennas.
Refer to "Antennas, Other Radio and Television".
19.90.535 Other Satellite Dish Antenna.
Refer to "Antenna, Other Satellite Dish".
19.90.537 Outdoor.
"Outdoor" shall mean that the activity so described is
not conducted entirely within an "enclosed building" [SRI.
19.90.540 Outdoor Eating and Drinking Facility.
"Outdoor Eating and Drinking Facility" shall mean any
land or "structure" [SR utilized for preparing, serving, or
consuming food or beverages "outdoors" [SRI. Outdoor eating
and drinking facilities shall be operated on the same
"zoning lot" [SRI and in conjunction with a "land use" [SRI
which is operated entirely within an "enclosed building"
[SRI.
Outdoor eating and drinking facilities shall maintain a
minimum of fifteen [151 foot "setback" [SRI from all "street
lot lines" [SRI and a minimum ten 1101 linear foot setback
from all "interior lot lines" [SRI. Outdoor eating and
drinking facilities shall maintain a minimum one hundred
11001 linear foot setback from all interior lot lines which
adjoin any residence conservation district or residence
district, and the outdoor eating and drinking facility shall
324
be screened from such districts by a "solid fence" [SRI at a
rk minimum six [6] linear feet in "structure height" [SRI.
19.90.542 Outdoor Display Area.
"Outdoor Display Area" shall mean any land or "struc-
ture" [SRI utilized for displaying goods or products "out-
door" [SRI for sale at retail. The goods and products
within an outdoor display area shall not include those goods
or products specifically provided for within an "outdoor
display lot" [SR]. Outdoor- display areas shall be operated
on the same "zoning lot" [SRI and in conjunction with. a
"land use" [SRI which is operated entirely within an "en-
closed building" [SR].
Outdoor display areas shall maintain a minimum of fifteen
[15] linear foot "setback" [SR] from all "street lot lines"
[SRI and a minimum ten [10] linear foot setback from all
"interior lot lines" [SRI. Outdoor, display areas shall
maintain a minimum one hundred [100] linear foot setback
from all interior lot lines, which adjoin any residence
conservation district or residence district, and the outdoor
display area shall be screened from such districts by a
"solid fence" [SRI at minimum six [6I linear feet in
"structure height" [SR].
19.90.545 Outdoor Display Lot.
"Outdoor Display Lot" shall mean any land or "struc-
ture" [SRI utilized for displaying goods or products
"outdoors" [SRI for sale at retail. The goods and products
within an outdoor display lot may include farm machinery or
equipment,. construction machinery or equipment, "motor
vehicles" [SR], boats, trailers, "mobile home dwellings"
[SRI, or other similar goods or products. Any land or
structure displaying two [2] or more items of such goods or
products outdoors for sale at retail shall be considered an
outdoor display lot and shall be subject to all of the
provisions of this title. Outdoor display lots shall be
operated on the same "zoning lot" [SR] and in conjunction
with a "land use" [SR] which is operated entirely within an
"enclosed building" [SRI.
Outdoor display lots shall maintain a minimum of fifteen
[15] linear foot "setback" [SRI from all "street lot lines"
[SRI and a minimum ten 1103 linear foot setback from all
"interior lot lines" [SRI. Outdoor display lots shall
maintain a minimum one hundred [100] linear foot setback
from all interior lot lines which adjoin any residence
conservation district or residence district, and the outdoor
display area shall be screened from such districts by a
325
"solid fence" [SRI at minimum six [63 feet in "structure
height" [SRI.
19.90.547 Parking Aisle.
"Parking Aisle" shall mean a way of vehicular access
from a "driveway" [SRI to a "parking stall" [SRI. Parking
aisles shall adjoin and provide direct vehicular access to
parking stalls. Parking aisles small be a design component
of all "parking structures" [SRI and "parking lots" [SR].
No parking aisle shall be a design component of a "resi-
dential parking area" [SR3.
19.90.550 Parking Area, Residential.
"Residential Parking Area" shall mean a facility for
leaving "motor vehicles" [SR] temporarily, which is so de-
signed that the "parking stalls" [SRI provided are uncover-
ed, and which is so designed as to require ingress to the
area by means of the forward motion of a vehicle and egress
from the area by means of reverse motion of a vehicle. Ve-
hicular access to "parking stalls" [SR] located within res-
idential parking areas shall be only by way of a "driveway"
[SR]. Each two [2] parking stalls within a residential park-
ing area may be stacked one [1] behind the other. Each park-
ing stall located within a residential parking area and each
parking stall located within an adjacent "parking garage"
CSR3 may be stacked one [1] behind the other. However, no
parking stalls shall be stacked more than two 123 deep.
19.90.552 Parking Facility.
"Parking Facility" shall mean any land or "structure"
[SRI utilized for the parking of "motor vehicles" [SRI,
including but not limited to "parking structures" [SRI,
"parking garages" [SRI, "parking lots" [SRI, "residential
parking areas" [SRI, and the components thereof including
but not limited to "parking stalls" [SRI, "parking aisles"
[SRI, "driveways" [SRI, and "approaches" [SR3.
19.90.555 Parking Garage.
"Parking Garage" shall mean a "building" [SRI for
leaving "motor vehicles" [SR] and for storing items "acces-
sory" [SR] to the "principal use" [SR] served. Vehicular
access to "parking stalls" [SR] located within a parking
garage shall be by way of a "driveway" CSR3, and may also be
by way of a "parking aisle" [SRI or a "residential parking
area" [SR3.
326
r 19.90.557 Parking Lot.
"Parking Lot" shall mean a facility for leaving "motor.
vehicles' [SRI temporarily, which is so designed that the
parking stalls provided are uncovered, and which is so
designed as to require ingress to and egress from the
facility by means of the forward motion of the vehicle.
Vehicular access to "parking stalls" [SRI located within a
parking lot shall be by way of a "parking aisle" [SRI only.
Parking lots are comprised of parking stalls, parking
aislee, and "driveways" [SRI.
19.90.560 Parking Stall.
"Parking Stall" shall mean a space located within a
"parking structure" [SRI, a "parking lot" [SRI, a "parking
garage" [SRI, or a "residential parking area" [SRI for
leaving one [1] "motor vehicle" [SRI. Parking stalls shall
adjoin and have direct vehicular access only from a residen-
tial parking area, a "parking aisle" [SR", or a "driveway"
[SRI.
19.90.562 Parking Structure.
"Parking Structure" shall mean a facility for leaving
"motor vehicles" [SRI temporarily, which is so designed that
at least fifty 1501 percent of the "parking stalls" [SRI
provided are covered, and which is so designed as to require
ingress to and egress from the facility by means of the
forward motion of a vehicle. Vehicular access to parking
stalls located in a parking structure shall be by way of a
"parking aisle" [SRI only. Parking structures are comprised
of parking stalls, parking aisles,and "driveways" [SRI.
19.90.565 Partially Open Fence.
Refer to "Fence, Partially Open".
19.90.567 Permitted Use.
Refer to "Use, Permitted".
19.90.570 Planned Development.
"Planned Development" shall mean land, "structures"
[SRI, or "buildings" [SRI, which are planned and developed
in conformance to the provisions of Chapter 19.60, Planned
327
Developments. A planned development may also be referred to
as a "planned unit development".
19.00.572 Porch.
"Porch" shall mean a "building" [SRI, or any portion
thereof, with a previous or impervious roof at least fifty
1503 percent unobstructed on one [13 or more sides to the
adjoining open space. "Porch" includes exterior balconies
located on a second story or above, with or without a roof,
and projecting from a wall or supported from the ground at
least fifty [503 percent unobstructed on one [13 or more
sides to the adjoining open space.
19.90.575 Principal Building.
Refer to "Building, Principal".
19.90.577 Principal Use.
Refer to "Use, Principal".
19.90.580 Radio and Television Antenna.
Refer to "Antenna, Radio and Television".
19.90.582 Rear Lot Line.
Refer to "Lot Line, Rear".
19.90.585 Rear Yard.
Refer to "Yard, Rear".
19.90.587 Recreational Vehicle.
"Recreational vehicle" shall mean a portable vehicle
structure without a permanent foundation, which can be
towed, hauled, or driven, and which is primarily designed as
a temporary living accommodation for recreational, camping,
and travel use, including, but not limited to trailers,
campers, camping trailers, and self propelled motor homes;
or "recreational vehicle" shall mean a motorized or a
nonmotorized vehicle used primarily for recreational
purposes, including, but not limited to boats, ' watercraft,
snow mobiles, and vehicles with three 13I or more wheels,
such as all terrain vehicles; including trailers, cases, or
328
t boxes used for transporting recreational vehicles, whether
occupied by such vehicles or not. No recreational vehicle
shall be considered a "mobile home dwelling" [SRI or a
"dwelling" [SRI of any type.
19.90.590 Recycling Center.
"Recycling Center" shall mean a "building" in which
recoverable resources from used products and materials are
collected, processed to a condition for reuse, and
temporarily stored prior to sale to others who will use the
recovered resources to manufacture new products. Recycling
centers shall be subject to the following supplementary
regulations:
A. Design and Operation - Generally. The design and
operation of a recycling center shall comply with all
applicable state and federal regulations.
B. Recoverable Resources. The used products and materials
shall be limited to those used products and materials
manufactured from fabric, wood, paper, rubber, plastic,
leather, glass, and metal resources.
C. Processing. The processing of the used products and
materials shall be limited to disassembly, separating,
flattening, melting, shreding, stripping, compacting,
bundling, and preparing such resources for shipment.
D. Operation. The operation of recycling centers including
collection, processing, and storage of all used products
and materials, and recovered resources shall be conducted
entirely within an enclosed building.
19.90.592 Recycling Center Yard.
"Recycling Center Yard" shall mean a "commercial
operations yard" [SRI utilized "accessory" [SRI to a
"recycling center" [SRI. Recycling center yards shall be
subject to the following supplementary regulations:
A. Location. No recycling center with a recycling center
yard shall be located within one thousand [1000] linear
feet of a residence conservation district, a residence
district, or a community facility district.
B. Design and Operation - Generally. The design and
operation of a recycling center with a recycling center
yard shall comply with all applicable state and federal
regulations.
329
C. Operation. The operation of a recycling center with a
recycling center yard including collection; processing;
and storage of all used products and materials, and
recovered resources may be located entirely within an
"enclosed building" [SRI, "outdoors" [SRI within the
recycling center yard, or within a combination thereof.
D. Setbacks. No recycling yard shall be located within a
required "building" [SRI "setback" [SRI from a "street
lot line" [SRI. Recycling yards shall be setback a
minimum of twenty five [253 linear feet from any "inter-
ior lot line" [SRI.
E. Commercial Operations Yard. Recycling center yards shall
be subject to the provisions of Section 19.90.182
Commercial Operations Yard.
19.90.595 Recycling Collection Center.
"Recycling Collection Center" shall mean a "building"
[SR in which recoverable resources from used products and
materials are purchased, collected and temporarily stored
prior to delivery or sale to others who will process the
recoverable resources. Recycling collection centers shall
be subject to the following supplementary regulations:
A. Design and Operation - Generally. The design and
operation of a recycling collection center shall comply
with all applicable state and federal regulations.
B. Recoverable Resources. The used products and materials
shall be limited to those used products and materials
manufactured from fabric, wood, paper, rubber, plastic,
leather, glass, and metal resources.
C. Processing. The processing of the collected used pro-
ducts and materials shall be limited to preparing such
recoverable resources for shipment.
D. Operation. The operation of recycling collection centers
including collection, processing, and storage of all used
products and materials shall be conducted entirely within
an "enclosed building" [SRI.
19.90.597 Refuse Collection Area.
"Refuse Collection Area" shall mean any land where
refuse is stored in approved enclosures such as a "garbage
can" or "garbage dumpster" until removed by a refuse dispos-
al service. In the MFR Multiple Family Residence District,
in the CF Community Facility District, in the business dis-
330
tricts, and in the industrial districts, no refuse collec-
tion area shall be located within a required "building" [SRI
"setback" [SRI from any type of "lot line" [SRI and such
refuse collection areas shall be screened from view from
adjoining property and public rights of way by a "solid
fence" [SRI or wall at minimum "structure height" [SRI of
six (6) linear feet.
19.90.600 Residential Care.
"Residential Care" shall mean a specialized residential
care program located in a "dwelling unit" [SRI, which
provides residential, social, and personal care to persons
with some limits on their ability for self care, but where
medical care is not a major element. Employed professional
support staff shall be on site whenever residents of the
facility are present. Residential care shall be subject tc
the following supplementary regulations:
A. Qualifications. Residential care programs shall be
licensed, certified, or accredited, and sponsored by an
appropriate and recognized organization.
B. Types. Residential care programs shall include, but
shall not be limited to alcohol rehabilitatic., centers,
drug rehabilitation centers, and halfway homes.
C. Terms. A maximum of fifteen [151 unrelated persons,
excluding employed professional support staff, shall
reside in a residential care facility.
D. Location.
1. Separation. No facility providing residential care
including "family residential care" [SRI, shall be
located within a radius of twelve hundred 11,2001
linear feet of another facility providing residential
care.
2. Dispersion. Each facility providing residential care
including family residential care shall locate within
that "neighborhood" which has the least number of
previously approved and currently operating residen-
tial care facilities.
For the purposes of this section, the "neighborhoods"
shall be the Elgin Statistical Reporting Districts
1ESRD1, as established and delineated through the User
Defined Area Program [UDAP1 administered by and on
file with the U.S. Department of Commerce, EconomicL
and Statistics Administration, Bureau of the Census.
The Elgin Statistical Reporting Districts shall also
331
be on file in the office of the Development Adminis-
trator.
19.90.605 Residential Care, Family.
"Family Residential Care" shall mean a specialized
"residential care" [SR] program located in a "dwelling unit"
[SR], which provides residential, social, and personal care
to persons with certain disabilities, but where medical care
is not a major element. Employed professional support staff
shall be on site whenever residents of the facility are
present. Family residential care shall be subject to the
following supplementary regulations:
A. Qualifications. Family residential care programs shall
be licensed by the State of Illinois and sponsored by an
appropriate and recognized organization.
B. Types. No family residential care program shall provide
services to persons as an alternative to incarceration
for a criminal offense, to persons whose disability is
due to substance or alcohol abuse, or to persons whose
disability is due to a communicable disease.
C. Terms. A maximum of eight [8] unrelated persons,
excluding employed professional support staff, shall 41
reside in a family residential care facility on a
relatively permanent basis in a family environment.
D. Location.
1. Separation. No facility providing "residential care"
[SR] small be located within a radius of twelve hun-
dred [1,200] linear feet of another facility providing
residential care.
2. Dispersion. Each facility providing residential care
shall locate within that "neighborhood" which has the
least number of previously approved and currently
operating residential care facilities.
For the purposes of this section, the "neighborhoods"
shall be the Elgin Statistical Reporting Districts
[ESRD], as established and delineated through the User
Defined Area Program [UDAP] administered by and on
file with the U.S. Department of Commerce, Economics
and Statistics Administration, Bureau of the Census.
The Elgin Statistical Reporting Districts shall also
be on file in the office of the Development Adminis-
trator.
332
r 19.90.610 Residential Floor Area.
Refer to "Floor Area, Residential".
19.90.615 Residential Garage Sale.
"Residential garage sale" shall mean all general sales
which are open to the public and conducted from a "dwelling
unit" [SRI for the purpose of disposing of personal prop-
erty. Residential garage sales shall be "accessory" [SRI to
a dwelling unit_ Residential garage sales shall be subject
to the following supplementary regulations:
A. Number of Sales. No more than three 131 residential
garage sales shall he conducted from each dwelling unit
within a calender year. No residential garage sale shall
exceed four [4) consecutive days.
B. Type of Merchandise. The merchandise offered for sale at
a residential garage sale shall be limited to excess
household items. No merchandise purchased for resale
shall be offered for sale at a residential garage sale.
No merchandise manufactured on the premises shall be
offered for sale at a residential garage sale.
C. Signs. Residential garage sale signs shall be displayed
only during sale hours and shall be located only on the
"zoning lot" [SRI where the sale is being conducted. No
residential garage sale sign shall be placed on public
property including, but not limited to, trees, traffic
control signs, utility poles, and tree banks. No residen-
tial garage sale sign shall exceed six [61 square feet in
surface area.
19.90.620 Residential Parking Area.
Refer to "Parking Area, Residential".
19.90.625 Residential Outdoor Storage of Firewood.
"Residential Outdoor Storage of firewood" shall mean the
"outdoor" [SRI storage of firewood in a residence conserva-
tion district or in a residence district. No outdoor stor-
age of firewood shall be located within a required "build-
ing" [SRI "setback" [SRI from any type of "lot line" [SRI.
19.90.630 Residential Storage.
"Residential Storage" shall mean the storage of house-
hold items which are "accessory" [SRI to a "dwelling unit"
333
[SRI. Residential storage shall be located entirely within
an "enclosed building" [SRI,.except as specifically author-
ized otherwise.
19.90.635 Residential Storage of Trucks or Buses.
"Residential Storage of Trucks or Buses" shall mean the
storage or parking of trucks or buses in a residence conser-
vation district or in a residence district. No truck or bus
exceeding twenty [201 linear feet in length shall be parked
or stored in such zoning districts for more than eight [8l
hours for each day unless located entirely within an "en-
closed building" [SRI.
19.90.640 Rooming House Dwelling.
Refer to "Dwelling, Rooming house".
19.90.645 Satellite Dish Antenna.
Refer to "Antenna, Satellite Dish".
19.90.650 Second Floor Apartment Dwelling.
Refer to "Dwelling, Second Floor Apartment".
19.90.655 Setback.
"Setback" shall mean the horizontal distance along a
straight line between a "street" [SRI, "street lot line"
[SRI, or "interior lot line" [SRI, and a "structure" [SRI,
or "building" [SRI with such straight line being perpen-
dicular to the street, street lot line, or interior lot
line.
19.90.660 Setback, Vehicle Use Area.
"Vehicle Use Area Setback" shall mean the horizontal
distance along a straight line between a "street" [SRI,
"street lot line" [SRI, or "interior lot line" [SRI, and a
"vehicle use area" [SRI with such straight line being per-
pendicular to the street, street lot line, or interior lot
line.
19.90.665 Cid@ Lot Lin@.
Refer to "Lot Line, Side".
334
19.90.670 Side Yard.
Refer to "Yard, Side".
19.90.675 Sign.
"Sign" shall mean any object, device, display, or
structure, or part thereof which is used to advertise,
identify, display, direct, or attract attention to an
object, place, subject, firm, performance, article, machine
merchandise, person, institution, organization, business,
product, service, event, or location by any means including
words, letters, figures, designs, symbols, trademarks,
devices, logos, fixtures, colors, motion illumination, or
projected images, which are painted, printed, or constructed
and displayed in any manner whatsoever, which is intended to
be seen by persons within a public right of way. "Sign"
includes, but is not limited to, every projecting sign, wall
sign, painted sign, roof sign, billboard, posterboard,
freestanding sign, ground sign, pole sign, window sign,
vehicle sign, awning, canopy, marquee, changeable copy sign,
illuminated sign, flashing sign, animated sign, temporary
sign, portable sign, banners, streamers, or any other
attention getting device, or other display, whether affixed
to a building or separate from any building.
1. Animated Sign. "Animated Sign" shall mean any sign or
part of a sign, which changes physical position by any
movement or rotation, or which gives the visual
impression of rotation or movement, either manually or
electronically. With the exception of "electronically
driven message signs" [SRI, animated signs are expressly
prohibited
2. Attention Getting Device. "Attention Getting Device"
shall mean any pennant, flag, valance, banner,
propeller, spinner, streamer, searchlights, beacon,
balloon, or similar device or ornamentation, which is
designed for the purpose of attracting attention,
promotion, advertising or similar purposes. Attention
getting devices are prohibited unless specifically
provided for otherwise.
3. Banner. "Banner" shall mean any sign of lightweight
fabric or similar material that is temporarily mounted
to any "structure" [SRI. A banner shall be considered a
"temporary sign" [SRI.
4. Building Marker. "Building Marker" shall mean any sign
identifying the name of a building with the date and
incidental information about its construction, which
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sign is cut into a masonry surface or made of bronze or
other permanent material, but which contains no
advertising material or message. There shall be a
maximum of one [1] building marker for each building on
a zoning lot. No building marker shall exceed four [4]
square feet. The number and surface area of building
markers shall not limit the number or surface area of
other allowable signage on a zoning lot.
5. Building Sign. "Building Sign" shall mean a sign that
is attached to or supported by the exterior of any part
of a "building" [SRI. Building signs shall be the only
allowable type of "wall sign" [SRI unless expressly
provided otherwise.
S. Canopy Sign. "Canopy Sign" shall mean any sign that is
a part of or attached to a "canopy" [SRI. A canopy sign
shall be considered a "wall sign" [SP.]. A maximum of
one [1] canopy sign shall be allowed on each vertical
canopy surface to a maximum of three 13I canopy signs.
Canopy signs shall be located entirely within the verti-
cal canopy surface. No canopy sign shall exceed twenty
five [25] percent of the vertical canopy surface on
which it is maintained. The surface area of a canopy
sign shall be deducted from the total allowable sign
surface area for wall signs for each store front [tenant
space] or building on each "zoning lot" [SRI.
7. Changeable Copy Sign. "Changeable Copy Sign" shall mean
a sign or portion thereof with characters, letters, or
illustrations that can be changed or rearranged manually
to provide a message or picture which is not permanent
in nature. Any sign on which the message changes more
than one [i] time each day shall be considered an
"animated sign" [SR7.
S. Construction Project Sign. "Construction Project Sign"
shall mean a sign which identifies the name of the
project under construction on the property where the
sign is located. There shall be a maximum of one [1]
construction project sign on a zoning lot. No
construction project sign shall exceed one hundred forty
four [144] square feet in surface area, nor shall such
sign be erected more than thirty [30] days prior to the
start of construction. Construction project signs shall
be removed within thirty [30] days subsequent to the
issuance of an occupancy permit.
9. Contractor Sign. "Contractor Sign" shall mean a sign
which names the contractors engaged in construction on
the property where the sign is located. There shall be a
maximum of one [1] contractor sign on a zoning lot. No
contractor sign shall exceed thirty two [32] square feet
in surface area, nor shall such sign be erected prior to
336
the start of construction. Contractor signs shall be
removed prior to the issuance of an occupancy permit.
10. Development Sign. "Development Sign" shall mean a
permanent sign located at the major entrances of a
residential or industrial subdivision or "planned
development" [SR], where an "arterial street" [SRI
intersects with a "collector street" [SR] or a "local
street" [SR] within such subdivision or planned
development. Such signs shall identify only the name of
the subdivision or planned development, and shall
contain no advertising material or message. There shall
be a maximum of one [1] development sign for each street
corner of such major entrance. Development signs may be
a "freestanding sign" [SR] or a "wall sign" [SR], neith-
er of which shall exceed eighty [80] square feet in sur-
face area, nor eleven 1111 linear feet in "structure
height" [SR. No development sign which a wall sign
shall be a "building sign" [SR1. A development sign
which is a wall sign shall be attached to or supported
by a decorative landscaping wall or fence. The number
and surface area of development signs shall not limit
the number or surface area of other allowable signage on
a zoning lot.
11. Electronically Driven Message Sign. "Electronically
Driven Message Sign" shall mean a sign or portion
thereof with characters, letters, or illustrations that
are formed, changed, and rearranged electronically to
provide a message or picture which is not permanent in
nature. Electronically driven signs shall function as
"public information signs" [SR]. All other electronic-
ally driven signs shall be considered "animated signs"
[SR].
12. Flag. "Flag" shall mean any fabric, banner, or bunting
containing distinctive colors, patterns, symbols or
crests of nations, states, or cities; or fraternal,
religious, or civic organizations; which do not contain,
any advertising material or message. There shall be a
maximum of ten [10] flags on a zoning lot. No flag
shall exceed sixty [60] square feet in surface area nor
twenty two [22] linear feet in height. The number and
surface area of flags shall not limit the number or
surface area of other allowable signage on a zoning lot.
13. Flashing Sign. "Flashing Sign" shall mean any directly
or indirectly illuminated sign, either stationary or
animated, which exhibits changing natural or artificial
light or color effects by any means whatsoever. Flashing
signs are expressly prohibited.
14. Freestanding Sign. "Freestanding Sign" shall mean a
sign, completely or principally supported by posts a=
337
other.supports independent of any other structure or
building, and anchored in or on the ground.
15. Garage Sale Sign. "Garage Sale Sign shall mean a sign
which identifies a "residential garage sale" [SR]. Such
signs shall be displayed only during sale hours and
shall be located only on the zoning lot where the sale
is being conducted. No garage sale sign shall be placed
on public property including, but not limited to, trees,
traffic control signs, utility poles, and tree banks.
There shall be a maximum of one [1] garage sale sign on
a zoning lot. No garage sale sign shall exceed six [6]
square feet in surface area.
16. Historic Marker. "Historic Marker" shall mean a sign
which identifies or indicates historical information,
about the property on which it is located, and which is
awarded by a federal, state, or local government agency.
The number and surface area of historic markers shall
not limit the number or surface area of other allowable
signage on a zoning lot.
17. Holiday Decorations. "Holiday Decorations" shall mean,
signs in the nature of decorations, which.are clearly
incidental, customary, and commonly associated with a
national, local, or religious holiday. Such signs shall
be displayed for a period of not more than sixty [6@]
days within a calender year, and may be of any type,
number, area, height, location, illumination, or
animation. No holiday decoration shall be utilized for
the purpose of advertising. No holiday decorations shall
be considered a "temporary sign" [SR]. The number and
surface area of holiday decorations shall not limit the
number or surface area of other allowable signage on a
zoning lot.
18. Identification Sign. "Identification Sign" shall mean a
sign which identifies only the name or address of a
building or the occupant of a building, but which
contains no advertising material or message. There shall
be a maximum of one [1] identification sign for each
building on a zoning lot. No identification sign shall
exceed two [2] square feet. The number and surface area
of identification signs shall not limit the number or
surface area of other allowable signage on a zoning lot.
19. Illumination, Exposed Bulb. "Exposed Bulb Illumination"
shall mean a group of two [2] or more incandescent light
bulbs and fixtures, which are not hung or strung, but
are permanently affixed to a structure or building in
such a manner that no electrical wiring is visible,
which are exposed -to the view of persons on a public
right of way, and which are not shaded or hooded to
338
prevent the direct rays of light from being visible from
the "street lot line" [SRI.
20. Illumination, External. "Externally Illuminated Sign"
shall mean a sign illuminated by a source of light which
is cast upon the surface or face of the sign to
illuminate by reflection only.
21. Illumination, Festoon Lighting. "Festoon, Lighting
Illumination" shall mean a group of two [21 or more
incandescent light bulbs, which are hung or strung from
a structure or building in such a manner that electrical
wiring is visible, which are exposed to the view of
persons on a public right of way, and which are not
shaded or hooded to prevent the direct rays of light
from being visible from the "street lot line" [SRI.
22. Illumination, Internal. "Internal Illumination" shall
mean a sign, all or any part of which is illuminated by
a source of light, which is internal to the sign
structure.
23. Information Sign. "Information Sign" shall mean a sign
that directs or guides vehicular or pedestrian traffic
or parking on private property, but which contains no
advertising material or message. Information signs shall
include signs that identify restrooms, telephones,
entrances, exits, and other similar facilities. No
information sign shall exceed four 147 square feet in
surface area or five [51 linear feet in height. The
number and surface area of information signs shall not
limit the number or surface area of other allowable
signage on a zoning lot.
24. Interior Sign. "Interior Sign" shall mean a sign which
is located in a building, or which is located in the
court of a building or a group of buildings. Interior
signs shall be sized and located for pedestrian, traffic
in the building or the court.
25. Marquee Sign. "Marquee Sign" shall mean any sign that
is a part of or attached to a "marquee" [SRI. A marquee
sign shall be considered a "wall sign" [SRI. A maximum
of one [17 marquee sign shall be allowed on each vertic-
al marquee surface to a maximum of three 131 marquee
signs. Marquee signs shall be located entirely within
the vertical marquee surface. The surface area of a
marquee sign shall be deducted from the total allowable
sign surface area for wall signs on each zoning lot.
26. Menu Board Sign. "Menu Board Sign" shall mean a sign,
which is located in conjunction with a "drive through
facility" [SRI, and which lists services or products
339
available from a drive through facility. No menu board
sign shall exceed fifty [50] square feet in surface area
or eleven [11] linear feet in height. The number and
surface area of menu board signs shall not limit the
number or surface area of other allowable signage on a
zoning lot.
27. "No Trespassing" Sign. "No Trespassing' Sign" shall
mean a sign which regulates the use of a property
including, but not limited to "no hunting" or "no
fishing" signs. No "no trespassing" sign shall exceed
two [2] square feet in surface area.
28. Obsolete Sign. "Obsolete Sign" shall mean any on
premise sign which advertises a business or product no
longer conducted or sold on the premises where such sign
is located, or any off premise sign which advertises a
business no longer conducted or a product no longer
sold. Obsolete signs are expressly prohibited.
29. Painted Wall Sign. "Painted Wall Sign" shall mean a
sign which is painted directly upon a wall or building
and which includes no other attachments or appurtenances
to such building. Painted wall signs are expressly
prohibited.
30. Pennant. "Pennant" shall mean any lightweight plastic,
fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or
string, usually in series, designed to move in the wind.
Pennants shall be considered a "temporary sign" [SR].
31. Political Campaign Signs. "Political Campaign Sign"
shall mean a sign announcing candidates seeking public
political office, or public or political issues
contained on a ballot and any information pertinent
thereto. No political campaign sign shall exceed thirty
two [32] square feet in surface area, or exceed ten [10]
feet in height. No political campaign sign shall be
displayed more than sixty [60] days prior to an
election. Political campaign signs shall be removed
within seven [7] days subsequent to the election.
32. Portable Sign. "Portable sign" shall mean any sign that
is not permanently attached to a structure or the
ground, and designed to be moved from place to place,
including, but not limited to, signs attached to wood or
metal frames designed to be self supporting and movable;
paper, cardboard, or canvas signs wrapped around
supporting poles; and signs commonly trailer mounted and
designed to be moved from place to place. A portable
sign shall be considered a "temporary sign" [SR7.
340
33. Projecting Sign. "Projecting sign" shall mean a "build-
ing sign" [SR] that is not a "wall sign" [SR]. Project-
ing signs are expressly prohibited.
34. Public Information Sign. "Public Information Sign"
shall mean a sign conveying information to the general
public, including but not limited to signs that announce
or provide information about community events, special
events, and which give the time and temperature. At
least fifty percent of the display time between nine C9J
a. m. and five [5] p.m. shall be devoted to public
information messages.
35. Public Sign. "Public Sign" shall mean a sign which
identifies, informs, or directs, and which is erected or
required by a governmental body, or authorized for a
public purpose by a law, statute, or ordinance. Public
signs may be of any type, number, area, height,
location, illumination, or animation, as authorized by
the law, statute, or ordinance under which such signs
are created.
36. Public Utility Sign. "Public Utility Sign" shall mean a
sign which is erected or required by a public utility
company and which serve as an aid to public safety or
which identify the location of underground facilities.
37. Real Estate Sign. "Real Estate Sign" shall mean a sigr,
which advertises the sale or rental of the land or
building on which such sign is located. No real estate
sign shall exceed six 161 square feet in surface area on
property which is less than one [1] acre. No real estate
sign shall exceed thirty two [32] square feet in surface
area on property which is one [1] acre, but is less than
five [5] acres. No real estate sigr, shall exceed eighty
[80] square feet in surface area on property which is
five [5] acres or more. Real estate signs may be
displayed while the property is for sale or rent, and
for a period which does not exceed one [1] week
subsequent to the consumation of the sale or rental of
the property. No more than one [1] real estate sign
shall be displayed for each individual "street lot line"
[SR].
38. Roof Sign. "Roof Sign" shall mean any sign erected or
constructed in whole or in part on and over the roof of
a building, supported by the roof structure, or
extending vertically above the highest portion of the
roof. Roof signs are expressly prohibited.
39. Roof Sign, Integral. "Integral Roof Sign" shall mean any
sign erected or constructed as an integral or
essentially integral part of a normal roof structure of
any design, such that no part of the sign extends
341
vertically above the highest portion of the roof. There
shall be a maximum of two 123 integral roof signs on
each principal building [SRI. The surface area of a
integral roof sign shall be deducted from the total
allowable sign surface area for wall signs on each
zoning lot.
40. Suspended Sign. "Suspended Sign" shall mean a sign that
is suspended from the underside of the horizontal plane
surface of a "canopy" [SRI, cantilever, or "marquee"
[SRI, and is supported by such surface. There shall be a
maximum of one [l] suspended sign for each entrance to a
building. No suspended sign shall exceed six 163 square
feet in sign surface area. Suspended signs shall be
located entirely within the horizontal surface of the
canopy, cantilever, or marquee. The surface area of a
suspended sign shall be deducted from the total
allowable sign surface area for wall signs for each
store front [tenant space] or building on each zoning
lot.
41. Temporary Sign. "Temporary Sign" shall mean any sign
for use for a period not to exceed thirty 1301
consecutive days for each calender year for each zoning
lot. There shall be a maximum Sof two 123 temporary
signs maintained on a zoning lot for each calender year.
No temporary sign shall exceed thirty two 1323 square
feet in surface area or eleven 1113 linear feet in
structure height. Temporary signs shall include banners
and portable signs. The number and surface area of
temporary signs shall not limit the number or surface
area of other allowable signage on a zoning lot.
42. Unsafe Sign. "Unsafe Sign" shall mean any sign which due
to its size, location, content, coloring, manner of
illumination, or any other characteristic, obstructs the
vision of drivers, or obstructs or detracts from the
visibility or effectiveness of any traffic control sign
or device; any sign which makes use of words such as
"stop", "look", "one way", "danger", "yield", or any
similar words, phrases, symbols, lights, or characters
in such a manner as to interfere with, mislead, or
confuse traffic; or any sign or sign structure, which
constitutes a hazard to public health or safety. Unsafe
signs are expressly prohibited.
43. Vehicle Sign. "Vehicle Sign" shall mean any sign
attached to or painted on a motor vehicle or trailer, or
any portion thereof, which advertises a business,
product, or service not directly connected with the
vehicle upon which such a sign is placed; or any such
vehicle which is parked or placed so that its sole
function is that of a sign. Vehicle signs are expressly
prohibited.
342
44. Wall Sign. "Wall Sign" shall mean a single sign surface
mounted, attached, or painted on the exterior wall of a
building or structure in a plane parallel to that of the
supporting wall, and confined within the limits of the
exterior wall face. A wall sign shall not project more
than nine [9] inches from the plane of the structure to
which it is attached.
45. Window Display. "Window Display" shall mean merchandise,
pictures, or models of products or services, which are
displayed in a window.
46. Window Sign. "Window Sign" shall mean a permanent sign
which is located on the interior or the exterior of a
window, and which is visible from the exterior of a
building or structure regardless of the manner in which
it is attached or mounted. Window signs shall be
considered "wall signs" [SRI.
47. Window Sign, Promotional. "Promotional Window Sign"
shall mean a sign for the specific purpose of attracting
attention of the passerby to a sale, or to promotional
products or services, which is located on the interior
or the exterior of a window, and which is visible from
the exterior of a building regardless of the manner in
which it is attached or mounted. No promotional window
sign shall exceed twenty five [251 percent of the
surface area of all windows for each store front [tenant
space] or building.
19.90.680 Signage Plan, Master.
"Master Signage Plan" shall mean a special sign program
for a "zoning lot" established subject to the provisions of
Chapter 19.65, Conditional Uses and Section 19.50.150, Mas-
ter Signage Plan.
19.90.685 Single Family Dwelling.
Refer to "Dwelling, Single Family".
19.90.690 Site Capacity Formula.
"Site Capacity Formula" shall mean the linear range
method of site design regulation, researched and developed
for the City of Elgin by Jerold T. Deering, Principal Plan-
ner, Planning Department, City of Elgin, Illinois.
343
19.90.695 Site Design Regulations.
"Site Design Regulations" shall mean those regulations
of this title, which govern "zoning lots" [SRI, "lot area"
[SRI, "lot width" [SRI, "setbacks" [SRI, height of a struc-
ture, "accessory structures and buildings" [SRI, "yards"
[SR], "floor area" [SRI, "building coverage" [SR7, "acces-
sory building coverage" [SRI, "vehicle use areas" [SRI, and
landscaping.. Site design regulations are also known as bull;
regulations.
19.90.700 Solid Fence.
Refer to "Fence, Solid".
19.90.705 Street.
"Street" shall mean a public or private right of way
which affords a primary means of access for two [2I or more
"lots of record" [SRI which adjoin such right of way.
19.90.710 Street, Arterial.
"Arterial Street" shall mean a "street" [SRI which has
continuity between municipalities or other urban centers,
which has continuity through the city, or which intersects
with three [3] or more "limited access arterial streets"
[SRI, or other arterial streets, and which affords a primary
means of access for intersecting streets and for adjoining
"lots of record" [SRI at a limited number of locations. The
arterial streets shall be McLean Boulevard, State Route 31
[State Street], Dundee Avenue, Villa Street, Center Street
[between Dundee Avenue and Villa Street], State Route 25
[St. Charles Street, Bluff City Boulevard, Liberty Street,
Dundee Avenue], Big Timber Road, Highland Avenue, Larkin
Avenue, Kimball Street, Congdon Avenue [west of state Route
253, State Route 58 [Summit Street east of Dundee Avenue],
State Route 19 [East Chicago Street].
19.90.715 Street, Collector.
"Collector Street" shall mean a "street" [SR] which has
substantial continuity within an area or neighborhood, as
delineated by "limited access arterial streets" [SR], "ar-
terial streets" [SRI, railroad rights of way, watercourses,
or any similar natural or man made barrier, and which af-
fords a primary means of access for intersecting and
tributary streets and for adjoining "lots of record" [SRI.
344
il
19.90.720 Street, Limited Access Arterial.
"Limited Access Arterial Street" shall mean a "street"
[SRI which has continuity between municipalities or other
urban centers, and which affords a primary means of access
for intersecting streets at a substantially limited number
of designated locations. Limited access arterial streets
shall include Interstate 90, State Route 20, Randall Road,
and other arterial streets, as may be designated by the City
Council.
19.90.725 Street, Local.
"Local Street" shall mean a "street" [SRI which has
limited continuity within an area or neighborhood, as
delineated by "limited access arterial streets" [SRI,
"arterial streets" [SRI, railroad rights of way, water-
courses, or any similar natural or man made barrier, and
which affords a primary means of access for intersecting
streets and for adjoining "lots of record" [SRI.
19.90.730 Street Lot Line.
Refer to "Lot Line, Street".
19.90. 735 Street, Major Collector.
"Major Collector Street" shall mean a "street" [SRI
which has continuity through one [1I area or neighborhood,
-as delineated by "limited access arterial streets" [SRI,
"arterial streets" [SRI, railroad rights of way, water-
courses, or any similar natural or man made barrier; which
intersects two 12I limited access arterial streets or
arterial streets; which intersects one [1] limited access
street or arterial street, and one [ll or more other major
collector streets; and which affords a primary means of
access for intersecting streets and for adjoining "lots of
record" CSR] at a limited number of locations.
19.90.740 Street Yard.
Refer to "Yard, Street".
19.90.745 Structural Alterations.
0161111 "Structural Alterations" shall mean any change to a
"structure" [SR] or "building" [SRI, except those change2
which are incidental repairs or which are required by the
provisions of this title.
345
19.90.750 Structure. 41
"Structure" shall mean anything manufactured, construct-
ed, or composed of parts joined in some definite manner that
requires a location on the ground or that is attached to
something that has a location on the ground. Structures
shall include, but shall not be limited to "buildings" [SRI,
"antennas" [SRI, "signs" [SRI, "fences" [SRI, and off street
"parking facilities" [SRI.
19.90.755 Structure, Accessory.
"Accessory structure" shall mean a "structure" [SRI;
which is subordinate in purpose to; which is customarily and
traditionally designed, intended, and used incidental to;
and which is located on the same "zoning lot" [SRI as the
"principal use" [SRI served. An "accessory" [SRI structure
shall not be constructed, used, or occupied prior to the
construction, use, and occupancy of the "principal building"
[SRI.
19.90.760 Structure Height.
Refer to "Height, Structure". A)
19.04.765 Structure or Building, Nonconforming.
"Nonconforming Structure or Building" shall mean any
"structure" [SRI or "building" [SRI lawfully existing on the
effective date of this title, or any subsequent amendment
hereto, which does not comply with all of the regulations
of this title, or which is designed and intended for a use
which is not permitted in the zoning district in which such
structure or building is located.
19.90.770 Temporary Mining.
"Temporary Mining" shall mean the extraction of topsoil,
earth, clay, peat, sand, gravel, or stone for use off site,
where performed in conjunction with site preparation for
land development. Temporary mining shall be subject to the
following supplementary regulations:
A. Operation Plan. The approval of a conditional use for
temporary mining shall be subject to the receipt of an
acceptable operation plan. The operation plan shall be
comprised of the following elements:
346
1. Written Statement. A written statement which des-
cribes the temporary mining operation including, but
not limited to environmental impact control measures,
traffic impact control measures, and the phasing of
extraction.
2. Site Plan. A site plan which shows the location of
buildings and processing equipment, the location of
provisions for safety fencing and visual screening
from adjoining property, and the location and the
maximum depth of each extraction area.
3. Other Documentation. Other documentation as may be
reasonably required by the Development Administrator.
B. Reclamation Plan. The approval of a conditional use for
temporary mining shall be subject to the receipt of an
acceptable reclamation plan. The reclamation plan shall
be comprised of the following elements:
1. Written Statement. A written statement which des-
cribes the reclamation of the temporary mining
operation including, but not limited to environmental
impact control measures, traffic impact control
measures, and the phasing of reclamation.
2. Site Plan. Where temporary mining is to be performed
in conjunction with site preparation for a subdivi-
sion, the site plan shall be a final plat of subdivi-
sion, and final engineering plans and specifications,
subject to the provisions of Title 18, Subdivions.
Where temporary mining is to be performed in conjunc-
tion with site preparation for a "planned development"
rSRI, the site plan shall be a development plan, subj-
ect to the provisions of Chapter 19.60, Planned Devel-
opments. Where temporary mining is to be performed in
conjunction with site preparation for the construction
of a structure or building that does not involve a
subdivision or a planned development, the site plan
shall be architectural, and engineering plans and
specifications, subject to the provisions of Title 16,
Buildings and Construction.
3. Other Documentation. Other documentation as may be
reasonably required by the Development Administrator.
19.90.775 Temporary Use.
Refer to "Use, Temporary".
347
19.90.780 Through Lot.
Refer to "Lot, Through".
19.90.785 Transition Landscape Yard.
Refer to "Yard, Transition Landscape".
19.90.790 Transition Lot Line.
"Transition Lot Line" shall mean that "lot line" [SR]
which is coterminous with the lot line of a more restrictive
zoning district , subject to the provisions of Section
19.07.400, Restrictiveness of Zoning Districts.
19.90.795 Transition Yard.
Refer to "Yard, Transition".
19.90.800 Treatment, Transmission, and Distribution
Facilities: Equipment, Equipment Buildings,
Towers, Exchanges, Substations, Regulators.
"Treatment, Transmission, and Distribution Facilities:
Equipment, Equipment Buildings, Towers, Exchanges, Substa-
tions, Regulators" shall mean such facilities which are
owned or operated by a public utility or the City of Elgin.
19.90.805 Treatment, Transmission, and Distribution
Facilities: Poles, Wires, Cables, Conduits,
Laterals, Vaults, Pipes, Mains, and Valves.
"Treatment, Transmission, and Distribution Facilities:
Poles, Wires, Cables, Conduits, Laterals, Vaults, Pipes,
Mains, and Valves" shall mean such facilities which are
owned or operated by a public utility or the City of Elgin.
19.90.815 Two Family Dwelling.
Refer to "Dwelling, Two Family".
19.90.820 Unified Control.
"Unified Control" shall mean the combination of two [2]
or more tracts of land, such that each owner has agreed that 41
348
the individual tracts of land shall be developed subject to
(011*1 the provisions of this title as a single "zoning lot" [SRI.
19.90.825 Use, Accessory.
"Accessory Use" shall'mean a "land use" [SRI, which is
subordinate in purpose to the "principal use" [SRI served,
which is customarily and traditionally incidental to the
principal use served, which is operated and maintained under
the same single ownership or unified control as the princi-
pal use served, and which is located on the same "zoning
lot" [SRI and within the same mapped zoning district as the
principal use served.
The principal use of any land, structure, or building shall
be established prior to or concurrently with the establish-
ment of any accessory use of such land, structure, or build-
ing.
No land use shall be allowed as an accessory use, unless
such use occupies less than ten (10)) percent of the zoning
"lot area" [SRI and less than ten (10) percent of the build-
ing "floor area" [SRI. Land uses exceeding such lot area
and floor area limitations shall be subject to the provi-
sions of Section 19.10.400 F. Component Land Uses. or Sec-
tion 19.90.015 Accessory.
19.90.830 Use, Change in.
"Change in Use" shall mean a change in the use of a
"zoning lot" [SRI from one "land use" (SRI specifically
'enumerated in the lists of "permitted uses" [SRI and
"conditional uses" [SRI to another land use specifically
enumerated in the lists of permitted uses and conditional
uses
19.90.835 Use, Conditional.
"Conditional Use" shall mean any "structure" [SRI,
"building" [SRI, or "land use" [SRI, which on the effective
date of this title, or on the effective date of any subse-
quent amendment hereto, complies with the applicable regula-
tions governing the conditional uses of the zoning district
in which such structure, building, or use is located.
Conditional uses are also known as special uses.
19.90.840 Use, Land.
"Land Use" shall mean the purpose or type of activity
for which land, or the "structure" [SRI or "building" [SRI
349
thereon, is designed and intended, or for which it is
occupied or maintained.
19.90.845 Use, Nonconforming.
"Nonconforming Use" shall mean any use of land, or the
structure or building thereon, existing on the effective
date of this title, or any subsequent amendment hereto, doec
not, even though lawfully established, comply with all of
the regulations of this title for the zoning district in
which such land, or the structure or building thereon, is
located.
19.90.850 Use, Original Residential.
"Original Residential Use" shall mean the initial use of
a "zoning lot" [SRI for the purpose of a "dwelling" [SRI, as
such initial dwelling was originally designed and intended,
encompassing any lawfully established "single family dwel-
lings" [SRI, "two family dwellings" [SRI, or "multiple fami-
ly dwellings" [SRI, but excluding "roominghouse dwellings"
[SRI.
19.04.855 Use, Permitted.
"Permitted use" shall mean any "structure" [SRI,
"building" [SRI, or "land use" [SRI, which on the effective
date of this title, or on the effective date of any sub-
sequent amendment hereto, complies with the applicable
regulations governing the permitted uses of the zoning
district in which such structure, building, or use is
located.
19.90.860 Use, Principal.
"Principal Use" shall mean a "land use" [SRI which is
the primary use of the land comprising a "zoning lot" [SRI,
or of the "structure" [SRI or of the "building" [SRI.
19.90.865 Use, Temporary.
"Temporary Use" shall mean a "land use" [SRI which is
established for a fixed period of time with the intent to
discontinue such use on the expiration of the time period. A
temporary use shall be subject to the following
supplementary regulations:
A. Land Uses Allowed. A temporary use shall be limited to
those permitted uses, conditional uses, and accessory
350
uses allowed in the zoning district in which the
temporary use is to be located, unless specifically
authorized otherwise..
B. Humber and Duration. No more than four 143 temporary
uses shall be conducted on the same zoning lot within a
calendar year. No temporary use shall be conducted
for a period of time which exceeds thirty 1301 days.
Where two 12I or more temporary uses are established on
the same zoning lot within a calender year, the temporary
uses shall be conducted for an aggregate period of time
not to exceed sixty 1603 days.
C. Setbacks. A temporary use shall maintain a minimum
fifteen 1151 foot setback from all "street lot lines"
[SRI and a minimum ten 1101 foot setback from all
"interior lot lines" [SRI. Temporary uses shall maintain
a minimum one hundred 11003 foot setback from all
interior lot lines which adjoin any residence conserva-
tion district or residence district, where such temporary
use is not located within such zoning districts.
D. Operation. Temporary uses may be operated outdoors. No
temporary use shall be operated in such a manner as to
cause a public nuisance including, but not limited to
stormwater runoff onto adjoining property, soil erosion,
unsafe vehicular access or onsite vehicular circulation,
or any other activity that jeopardizes the public health,
safety, or welfare.
E. Other Codes and Ordinances. A temporary use shall comply
with all other codes and ordinances, except the
provisions for the required number of parking spaces.
19.90.870 Vehicle use area.
"Vehicle use area" shall mean any land or improvements
on which "motor vehicles" [SRI are driven, parked, or
stored. "Vehicle use area" for the purpose of calculating
maximum vehicle use area shall also mean the sum of the
gross horizontal land area measured in square feet, whether
or not improved with an approved surface, and designed,
intended, or used for the storage, parking, or driving of
motor vehicles.
19.90.875 Vehicle Use Area Landscape Yard.
Refer to "Yard, Vehicle Use Area Landscape".
351
19.00.880 Vehicle Use Area Ratio. 41
"Vehicle use area ratio" shall mean the numerical site
capacity value obtained by dividing the "vehicle use area"
[SRI of a "zoning lot" [SRI by the "zoning lot area" [SRI of
such zoning lot.
19.90.885 Vehicle Use Area Setback.
Refer to "Setback, Vehicle Use Area".
19.90.890 Yard.
"Yard" shall mean any portion of a zoning lot, which is
unobstructed from the ground upward, except as otherwise
provided in this title.
19.90.895 Yard, Interior Landscape.
"Interior landscape yard" shall mean a "yard" [SRI
located within the exterior perimeter of a "vehicle use
area" or located between a vehicle use area and a "building"
[SRI on the same "zoning lot" [SRI.
19.90.900 Yard, Rear.
"Rear Yard" shall mean a "yard" [SRI bounded by the
horizontal planes of the foundation of the "principal
building" [SRI, as extended where there is more than one [ll
principal building, including all of the horizontal planes
which face the "rear lot line" [SRI; by those lines which
are perpendicular to the interior lot lines and which extend
to those corners of the principal building, which are on a
horizontal plane of the foundation facing the rear lot line,
and which corners are primarily the farthest from the rear
lot line and which corners are secondarily the closest to
each interior lot line; and by the "interior lot lines"
[SRI.
19.90.905 Yard, Side.
"Side Yard" shall mean a "yard" [SRI bounded by the
horizontal planes of the foundation of the "principal
building" [SRI, as extended where there is more than one [l]
principal building; by the "street yard" [SRI; and by the
"rear yard" [SRI.
FL
352
19.90.910 Yard, Street.
"Street Yard" shall mean a "yard" [SRI bounded by the
horizontal planes of the foundation of the "building" [SRI,
as extended where there is more than one Ill building,
including all of the horizontal planes which face the
"street lot line" [SRI; by the "interior lot lines" [SRI
from their points of intersection with the street lot line
to their points of intersection with those lines which are
perpendicular to the interior lot lines and which extend to
those corners of the building, which are on a horizontal
plane of the foundation, which faces the street lot line,
and which corners are primarily the farthest from the street
lot line and are secondarily the closest to each interior
lot line; and by the full length of the street lot line to
its points of intersection with the interior lot lines.
19.90.915 Yard, Transition.
"Transition Yard" shall mean a "yard" [SRI which
adjoins a residence conservation district, a residence
district, or a community facility district along a
coterminous "interior lot line" {SRI; which is bounded by
the horizontal planes of the foundation of the "principal
building" [SRI, as extended where there is more than one [ll
principal building, including all of the horizontal planes
which face such interior lot line; by those lines which are
perpendicular to other interior lot lines or "street lot
lines" [SRI, and which extend to those corners of the
"principal building" [SRI, which are on a horizontal plane
of the foundation facing the such interior lot line, and
which corners of the principal building are primarily the
farthest from such interior lot line and which corners of
the principal building are secondarily the closest to each
other interior lot line or street lot line; and by the other
interior lot lines.
19.90.920 Yard, Transition Landscape.
"Transition Landscape Yard" shall mean that portion of a
"transition yard" [SRI, which directly adjoins a residence
conservation district, a residence district, or a community
facility district along a coterminous "interior lot line"
[SRI;
19.90.925 Yard, Vehicle Use Area Landscape.
"Vehicle Use Area Landscape Yard" shall mean the "yard"
[SRI located between a "lot line" [SRI and a "vehicle use
area" [SRI, as established by a "vehicle use area setback",
353
and extending parallel or approximately parallel to the lot
line, whether required or provided.
19.90.930 Zoning Lot.
Refer to "Lot, Zoning".
19.90.935 Zoning Lot Area.
Refer to "Lot Area, Zoning".
il
354
Section 3. That this
and effect after its passage
Presented: July 22, 1992
Passed: July 22, 1992
Vote: Yeas 5 Nays 0
Recorded: July 23, 1992
Published:
Attest:
Dolonna Mecum, City tlerk
ordinance shall be in full force
in the manner provided by law.
Geor VanDeVoorde, Mayor