RULE 034.00.79-002 - Zoning Ordinance

RULE 034.00.79-002. Zoning Ordinance

CAPITOL ZONING DISTRICT COMMISSION

Amendments to the Capitol Zoning District Ordinance:

Pursuant to Act 267 of 1975 and Act 917 of 1979, the Capitol Zoning District Ordinance and the Rules and Regulations contained therein, are hereby amended as follows:

ARTICLE TWO ADMINISTRATION

SECTION 2-114 HOME OCCUPATIONS

Home occupations shall be defined as any use customarily conducted entirely within a dwelling or an accessory building and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling nor the neighborhood; and in connection with which, there is. no display, no stock-in-trade, no outside storage of equipment, no commodity sold upon the premises and no sign. There shall be not more than three (3) persons engaged in such an occupation, at least one (1) of which must be the occupant of the dwelling.

Home occupations shall be allowed by Right of Ordinance within the Capitol Zoning District, provided that the character of the dwelling and of the neighborhood is not adversely affected by the use of the dwelling unit and provided that the use is in compliance with the provisions of this Section.

The Capitol Zoning District Commission shall have final authority in determining the particular uses that may be defined as home occupations.

ARTICLE THREE ZONING DISTRICT MAPS

SECTION 3-102 ZONING MAP - MANSION AREA

Appearing at the end of this article is the official zoning district map for the Mansion Area. It is titled "Mansion Area Zoning Map" and is dated August 1, 1979.

SECTION 3-104 ALLOWABLE USES

Included herein is a chart titled "Allowable Uses". 'This is intended to provide quick reference to allowable uses in each Zoning District. It is derived from the text of Article Five. If there are any conflicts between Section 3 -104 and Article Five, the language of Article Five shall prevail.

Capitol Zoning District

0 = Allowed by Right of Ordinance

P = Allowed with Conditional Use Permit

USE CAPITOL AREA MANSION AREA

ZONING DISTRICTS

A

B

C

D

M

N

0

p

Community Facilities - Category I

     

P

              

Community Facilities - Category II

  

P

P

  

P

P

P

0

Community Facilities - Category III

  

P

        

P

P

p

Residential Single Family

P

P

P

0

0

0

P

0

Residential Two Family

P

P

P

0

0

0

P

0

Residential Multi-Family

0

0

0

P

P

0

0

0

Hotels Motel and Amusement

P

P

0

        

P

  

Professional Offices

0

0

0

     

0

0

0

General Offices

0

0

0

     

P

P

P

Quiet Business

P

P

P

     

P

P

P

Shopping-Type Consumer Gds § Svcs.

P

P

0

P

     

P

P

Commercial Parking

P

P

P

P

           

Gasoline Service Station and Drive-In Restaurant

P

P

           

P

  

Industrial Uses

        

0

           

General Consumer Goods § Services

  

P

P

        

P

P

ARTICLE FOUR USE GROUPS

The permitted uses of land within the Capitol Zoning District are listed herein by Use Groups, and these Use Groups are permitted only within the specific Zoning Districts as indicated in Article Five and within the limits of the Zoning Distrcts as shown on the maps included in Article Three. Specific uses and the Use Groups under which they are listed are identified below and are referenced throughout this Ordinance.

SECTION 4-101 COMMUNITY FACILITIES

CATEGORY I - UTILITY AND TRANSPORTATION

Airway beacon or marker

Bus passenger depot (not in public r.o.w.)

Civil Defense and related activities facility

Electric regulating substation

Electric utility mains and distribution facilities and apparatus (not in public r.o.w.)

Fire protection and related activities facilities

Flood control works

Gas pipeline right of way

Gas pressure control station

Petroleum pipeline or pressure control station

Pipeline right of way or pressure control station,

not elsewhere classified

Police protection and related activities facility

Post office

Railroad passenger terminal

Railroad right of way (excluding switching and marshalling yards)

Rapid rail transit or street railway right of way

Rapid rail transit or street railway terminal

(not in public street r.o.w.)

Sewage pressure control station

Taxicab stand or dispatching station

Telephone exchange station, relay tower or r.o.w.

Telegraph transmitting or receiving station or r.o.w.

Television transmitting station or relay tower

Water pipeline r,o.w,, treatment plant, storage facility or pressure control station.

CATEGORY II - RECREATIONAL AND EDUCATIONAL

Church, Synagogue, or Temple, including Sunday School facilities

Community Center; Public

Kindergarten

Museum or Art Gallery

Nursery school, day nursery

Parish house, parsonage, rectory or manse

Park, playground or tot lot; public

Playfield, public

School, elementary; public or equivalent private

School, secondary; public or equivalent private

Swimming pool; public

Tennis courts; public

Zoological gardens; public

CATEGORY III - INSTITUTIONAL

Club or lodge; private (non-profit}

College, junior college, professional school, or university; public or equivalent private Convalescent, maternity or nursing home Eleemosynary institution, philanthropic institution,

rehabilitation institution and theatrical group Foster family care, institution or agencies Home for the aged Hospital; general Hospital; restricted to mental, narcotics or alcoholic patients; sanitorium Library; private, non-profit and public Mental institution Orphanage

SECTION 4-106 QUIET BUSINESS

Businesses, including;

Antique shop (not junk or secondhand merchandise)

Barber shop

Beauty shop

Bookstore

Cigar store

Delicatessen, sandwich or co-fee shop

Health clubs, massage parlor and sauna

Hobby shop

Ice vending establishment (sacked ice)

Ice cream and candy store

Jewelry store

Knit shop

Music shop

Newsstand

Notions store

Restaurant (other than drive-in or take-out)

Enclosure of uses required. Every use in this group, unless specifically exempted in the list of uses, shall be operated in its entirety within a completely enclosed structure

SECTION 4-107 SHOPPING-TYPE CONSUMER GOODS AND SERVICES

The following retail, shopping-type consumer goods stores:

Apparel and accessories store (new merchandise) Automatic merchandising establishment (excluding amusements, games or music)

Bicycle store

Bookstore, newsstand

Camera and photographic supply store

Coupon redemption store

Department store

Drug store or proprietary store

Dry goods store

Furniture, home furnishing and equipment store

(new merchandise only)

Garden supply store

Gasoline and motor oil sales only (does not include usual gasoline service station facilities)

General store, general merchandise only

Grocery store, including bakery (retail only)

Hardware store

Household appliance store

Interior decorator store

Leather goods or luggage store

Limited price variety store

Liquor store

Hail order houses, catalog office or retail store Meat or poultry shop (no live poultry)

Optical goods store

Orthopedic appliance store

Paint, Glass or Wallpaper Store

Pet shop

Plant store

Pottery and ceramics (sales, only)

Prescription pharmacy

Radio, television, phonograph, or other household electronics equipment store

Religious goods store

Sewing-machines store, embroidery and hem stitching

Sporting goods store

Stationery store

Tailor shop

Toy store

The following service establishments:

Animal hospitals (enclosed, no kennel)

Archery range

Custom dressmaker, milliner, or tailor

Dry cleaning pickup or self service

Dry cleaning plant

Fix-it shop

Household appliance repair shop

Laundry pickup or self service

Novelties shop

Picture framing

Pressing, alteration or garment repair

Shoe shine or repair shop

Telegraph company office

Enclosure of use required. Every use in this group, unless specifically exempted in the Isit of included uses, shall be operated in its entirety within a completely enclosed structure.

ARTICLE FIVE DISTRICT REGULATIONS

This article establishes for each Zoning District the permitted land uses described by the Use Groups contained in Article Four distinguishing between uses allowed by right and uses for which a Conditional Use Permit must be issued by the Capitol Zoning District Commission; and it contains the regulations governing height and placement. Height restrictions are given in the number of feet of building elevation above the plane of the front curb line.

SECTION 5-101 DISTRICT "A"' AUXILIARY COMMERCIAL (CAPITOL)

(1) Permitted Uses

(a) The following Use Groups are allowed:

Multi-family dwelling

Professional offices

General offices

(b) The following Use Groups may be allowed subject to a Conditional Use Permit:

Single family dwelling

Two family- dwelling

Hotel, motel, amusement

Quiet Business

Shopping type consumer goods and services

Commercial parking Gasoline service station and drive-in restaurant

(c) Mandatory uses for new development of Capitol Avenue;

In order to promote pedestrian oriented mixed uses in new development on Capitol Avenue, a minimum of sixty percent (60%) of the Capitol Avenue frontage shall be limited to retail uses from the following list:

Antique stores

Art galleries

Artist supply stores

Book or card stores

Beauty parlors

Barber shops

Candy stores

Cheese shops

Cigar or tobacco shops

Clothing or accessory stores

Eating and drinking places (including delicatessens and outdoor service)

Florist shops

Gift shops

Hobby shops

Jewelry stores

Leather goods or luggage stores

Music or record shops

Newsstands

Optician or similar establishments

Photographic equipment stores

Shoe stores

Stationery shops

Toy stores

Travel bureaus

Variety or novelty shops

Watch or clock stores

(2) Height

No building hereafter erected or structurally altered shall exceed three (3) stories or forty-five (45) feet, whichever is less, except as noted below:

(a) Developments providing corner plazas, as illustrated under the LANDSCAPE section of this Ordinance, at the locations listed below will be permitted to exceed the height limitations under the following conditions:

(i) a corner plaza with minimum dimensions of 75 feet x 75 feet entitles the development to one additional story or 15 feet, whichever is less, on the half block abutting Victory Street; or

(ii) a corner plaza with minimum dimensions of 100 feet X 100 feet entitles the development of two additional stories or 30 feet, whichever is less, on the half block abutting Victory Street.

Locations available for corner plaza height bonus:

(i) southeast corner of the intersection of Woodlane Street, extended north, and Third Street.

(ii) northeast and southeast corners of the intersection of Woodlane Street and Capitol Avenue

(iii) northeast corner of the intersection of Woodlane Street and Seventh Street.

(b) Developments which abutt Capitol Avenue and qualify as an Urban PUD are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

(c) Developments which qualify as an Urban PUD and provide a minimum of 1.0 FAR of residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

(d) however, in no instance will a development be permitted to exceed three (3) stories or 45 feet on the half blocks abutting Woodlane St.

(3) Placement

(a) Rear Yard: No setback required except for residential uses which shall have a rear yard of not less than 25 feet.

(b) Side Yard: No setback required except for residential uses which shall have interior side yards of not less than four (4) feet for walls having a window(s).

(c) Front Yard: No setback required except that all development abutting Third Street, Woodlane Street, Seventh Street and Capitol Avenue shall have a mandatory building line at 25 feet from the property line abutting said streets. The mandatory building line shall not apply at the southeast corner of the intersection of Woodlane Street and Seventh Street where a setback greater than 25 feet will be allowed to develop corner plazas.

(e) Lot Area Per Family: Residential development shall provide a lot area not less than 1200 square feet per family.

SECTION 5-102 DISTRICT "B" GENERAL COMMERCIAL (CAPITOL)

(1) Permitted Uses

(a) The following Use Groups are allowed:

Multi-family dwelling

Professional offices

General offices

(b) The following Use Groups may be allowed subject to a Conditional Use Permit:

Community Facilities - Category II

Community Facilities - Category III

Single family dwelling

Two family dwelling

Hotel, motel, and amusement

Quiet Business

Shopping type consumer goods and services

Commercial parking

Gasoline service station and drive-in restaurant

General consumer goods and services

(2) Height

No building hereafter erected or structurally altered shall exceed three (3) stories or 45 feet, whichever is less 5 except as noted below:

(a) developments which qualify as an Urban PUD and provide a minimum of 1.0 FAR of residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

(3) Placement

(a) Rear Yard: No setback required except for residential uses which shall have a rear yard of not less than 25 feet.

(b) Side Yard: No setback required except for residential uses which shall have interior side yards of not less than 4 feet for walls having a window(s).

(c) Front Yard; No setback required.

(d) All development abutting Second Street shall be setback not less than 25 feet from said street. The required setback on Second Street shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this Ordinance.

(e) Lot Area Per Family: Residential development shall provide a lot area of not less than 1200 square feet per family.

SECTION 5-103 DISTRICT "C" CONSUMER BUSINESS (CAPITOL)

(1) Permitted Uses

(a) The following Use Groups are allowed:

Multi-family dwelling

Hotel, motel and amusement

Professional offices

General offices

Shopping type consumer goods and services

(b) The following Use Groups may be allowed subject to a Conditional Use Permit:

Community Facilities - Category I

Community Facilities - Category II

Single family dwelling

Two family dwelling

Quiet business

Commercial parking

General consumer goods and services

(2) Height

No building hereafter erected or structurally altered shall exceed three stories or 45 feet, whichever is less, except as noted below.

(a) Rear Yard: No setback required except for residential uses which shall have a rear yard of not less than 25 feet.

(b) Side Yard: No setback required except for residential uses which shall have interior side yards of not less than 4 feet for walls having a window(s).

(c) Front Yard: No setback required.

(d) All development abutting Second Street between Cross Street and Victory Street shall have a setback of not less than 2 5 feet from said street.

(e) Lot Area Per Family: Residential development shall provide a lot area of not less than 1200 square feet per family.

SECTION 5-105 DISTRICT "M" RESIDENTIAL (MANSION)

(1) Permitted Uses

(a) The following Use Groups are allowed:

Single family dwelling Two family dwelling

(b) The following Use Groups may be allowed subject to a Conditional Use Permit:

Community Facilities - Category II

Multi-family dwelling

(2) Height

No building hereafter erected or structurally altered shall exceed two and one half stories or 35 feet, whichever is less.

(3) Placement

(a) Rear Yard: There shall be a rear yard having a depth of not less than 25 feet.

(b) Side Yard: There shall be a side yard on each side of a building of not less than 8 feet in width.

(c) Front Yard: There shall be a front yard having a depth of not less than 25 feet. The required setback area shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this Ordinance.

(d) Lot Area Per Family: Residential development shall provide a lot area of not less than 2500 square feet per family.

(e) The minimum lot area allowed under a Conditional Use Permit shall be 1200 square feet per family.

SECTION 5-106 DISTRICT "N" NEIGHBORHOOD RESIDENTIAL AND COMMERCIAL (MANSION)

(1) Permitted Uses

(a) The following Use Groups are allowed:

Single family dwelling

Two family dwelling

Multi-family dwelling

Professional offices

(b) The following Use Groups may be allowed subject to a Conditional Use Permit:

Community facilities - Category II

Community facilities - Category III

General offices

Quiet business

(2) Height

No building hereafter erected or structurally altered shall exceed three stories or 45 feet, whichever is less.

(3) Placement

(a) Rear Yard: There shall be a rear yard having a depth of not less than 25 feet

(b) Side Yard: There shall be a side yard on each side of a building of not less than 8 feet in width.

(c) Front Yard; There shall be a front yard having a depth of not less than 25 feet. The required setback area shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this Ordinance.

(d) Lot Area Per Family: Residential development shall provide a lot area of not less than 1200 square feet per family.

SECTION 5-107 DISTRICT "O" GENERAL BUSINESS (MANSION)

(1) Permitted Uses

(a) The following Use Groups are allowed:

Multi-family dwelling

Professional offices

(b) The following Use Groups may be allowed subject to a Conditional Use Permit:

Community facilities - Category II

Community facilities - Category III

Single family dwelling

Two family dwelling

General offices

Hotel, Motel and amusement

Quiet business

General consumer goods and services

Gasoline service station and drive-in restaurant

Shopping type consumer goods and services

(2) Height

No building hereafter erected or structurally altered shall exceed three stories or 45 feet, whichever is less.

(3) Placement

(a) Rear Yard: No setback required except for residential uses which shall have a rear yard of not less than 25 feet in depth.

(b) Side Yard: No setback required except ro residential uses which shall have a side yard on each side of a building of not less than 8 feet in width.

(c) Front Yard; There shall be a front yard having a depth of not less than 25 feet. The required setback area shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this Ordinance.

ARTICLE NINE SIGNAGE

SECTION 9-110 AMORTIZATION SCHEDULE

Sign Type

Amortization Period

All prohibited signs

1 year

All non-conforming signs

5 years

The use of non-conforming signs may continue until expiration of the amortization period; however, if such sign is removed or destroyed to greater than 75 percent of its cost, then it may not be replaced or reconstructed unless made to conform.

Non-conforming on premise signs may not be altered unless such alteration conforms to these provisions and in no case shall such alteration increase the non-conformity of the sign.

The Capitol Zoning District Commission shall review requests for replacement or reconstruction of non-conforming signs destroyed to greater than 75 percent of their cost and may allow such only if in keeping with the intent of these provisions.

(12/21/1979)

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