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HomeMy WebLinkAboutOrd 1991-06ORDINANCE NO. 91-06 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS AS AUTHORIZED IN ARTICLE XXXI SECTION 31.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ADOPTING ARTICLES XXXV THROUGH ARTICLE XXXIX FOR THE PURPOSE OF ESTABLISHING NEW ZONING DISTRICTS AS FOLLOWS: ARTICLE XXXV OSR - OPEN SPACE RECREATIONAL, ARTICLE XXXVI (R1-10A) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXVII (Rl-EA) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXVIII (Rl-6A) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXIX NCP - NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: SECTION 1. Article XXXI Section 31.1 of the Zoning Ordinance for the Town of Fountain Hills authorizes Amendments to the Zoning Ordinance. SECTION 2. That the attached hereto and incorporated herein by reference as if fully set forth herein is Exhibit "A" which sets forth the complete text of Article XXXV through Article XXXIX. SECTION 3. That this ordinance does hereby amend the Official Zoning Ordinance of the Town of Fountain Hills, to include Article XXXV through Article XXXIX for inclusion in the Fountain Hills Zoning Ordinance. ORDINANCE NO. 91-06 Page 1 of 2 '�t wiZ-s F41 l n,e5 5-1S-91,S--)-)-9 1 Ll PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 2nd day of May, 1991. APPROVED AS TO FORM: William E. Farrell, Attorney REV .WED BY � — Paul N rdin, Town Manager Ll I '—L - - zz' p Joh M. Cutillo, Mayor ATTEST TO: Cassie B. Hansen. Town Clerk ORDINANCE NO. 91-06 Page 2 of 2 EXHIBIT "A" i ',J 11 ARTICLE XXXV OSR - OPEN SPACE RECREATIONAL ZONE 35.1 Purpose. The principal purpose of this Zoning District is to conserve and protect open space, natural desert lands, wildlife habitat, and lands agreed to be left undeveloped in master plan approval through density transfers. The primary purpose of designating these areas is to raise the degree of assurance that designed open space and recreation space area will remain open space. 35.2 Use Regulations. A building or premises shall be used only for the following purposes: 1) Golf Course, including club houses located thereon, but not including miniature courses. 2) Park Land 3) Undeveloped Natural Land 4) Public and Private Wildlife Reservations 5) Service to the public of water, gas, electricity, telephone, telegraph, geothermal facilities 6) Publicly and privately owned or operated fire and/or police stations 35.3 Height Reeulations. The height of buildings shall not exceed thirty (30) feet. 35.4 Yard Regulations. The required yards are as follows: 1) There shall be a front yard having a depth of not less than sixty (60) feet. 2) There shall be a side yard on each side of a building having a width of not less than thirty (30) feet. 3) There shall be a rear yard having a depth of not less than sixty (60) feet. 35.5 Intensity of Use Regulations. The intensity of use regulations are as follows: 1) Lot Area: Each lot shall have a minimum lot area of five (5) acres. 2) Lot Width: There shall be no minimum lot width. 3) Lot Area per Building: The minimum lot area per building shall be five (5) feet. 4) Lot Coverage: The maximum lot coverage shall be five (5%) percent of the lot area. ARTICLE XXXVI (Rl-10A) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT 10,000 SQUARE FEET PER DWELLING UNIT 36.1 Purpose. The principal purpose of this Zoning District is to conserve and protect single-family residential development where minimum lots of not less than ten thousand (10,000) square feet in area are suitable and appropriate taking into consideration existing conditions, including present use of land, present lot sizes, future land use needs and the availability of public utilities. Principal uses permitted in this Zoning District include single-family dwellings, churches, schools, parks, playgrounds and other community facilities. 36.2 Use Regulations. A building or premises shall be used only for the following purposes: (1) One (1) single-family dwelling per lot of record. (2) Churches, including accessory columbaria provided that the building area of the columbaria shall not exceed ten (10%) percent of the total building area of the church building(s). (3) Public schools, elementary and high, and private schools with curricula substantially similar to that customarily given in public schools. ® (4) Service to the public of water, gas, electricity, telephone. telegraph, steam, hot or cold air. The foregoing shall be deemed to include attendant facilities and appurtenances to the above uses, including, without limitation, distribution, collector and feeder lines, pumping or booster stations along pipelines, and substations along electric transmission lines. But not including public utility treatment and generating plants or offices. (5) Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices. (6) Golf courses including club houses located thereon, but not including miniature courses or practice driving tees operated for commercial purposes. (7) Libraries, museums, parks, playgrounds, and community buildings, provided such uses are conducted on a non-profit basis. (8) Signs as follows: (a) Signs identifying the name of the occupant of a residence. the occupant's profession or title, and the address of the dwelling, . subject to the following: (1) Such sign shall not exceed two (2) square feet in area. ® (2) Such sign may be illuminated but the source of illumination shall not be visible, and no flashing or intermittent illumination shall be employed. required yards, but such sign shall not be located in or project into any street or alley. 6. Such sign shall contain no advertising copy. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each entrance to such golf course, park or playground. (d) Permanent directional signs, subject to the following: 1. Such sign shall not exceed two (2) square feet in area. 2. Such sign may be double-faced. 3. Such sign may be illuminated, but the source of illumination shall not be visible, and no flashing or intermittent illumination shall be employed. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of ® a building shall be not higher than eight (8) feet above grade. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall be not located in or project into any street or alley. 6. Such sign may be used to designate entrances or exits to or from a parking area if necessary for that purpose, but the number shall be limited to one (1) for each such entrance or exit. following: square feet in area. 7. Such sign shall contain no advertising copy. (e) Temporary directional signs, subject to the 1. Such sign shall not exceed twelve (12) 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be no higher than eight (8) feet above grade. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall not be located in or project into any street or alley. 0 4. Such sign shall not exceed twenty-four (24) feet in height. 5. Such sign shall not be located in or project into any required yard. 6. Such sign shall not be moving, animated or audible in any manner. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to ten (10) for each property. 8. Such sign shall be removed from the property within ten (10) days after the purpose of the sign is fulfilled. (h) Temporary signs identifying the contractors and subcontractors, if any, engaged in the construction or repair of a building or buildings, subject to the following: 1. Such sign shall not exceed twenty-four (24) square feet in area. ® 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be no higher than twelve (12) feet above grade nor above the roof line. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall not be located in or project into any street or alley. 6. Such sign shall contain no advertising copy. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each property. 8. Such sign shall be removed from the property within ten (10) days after the work of contractors or subcontractors identified thereon is completed, whichever occurs first. (9) Home occupations. Is(10) Fences or freestanding walls not to exceed a height of three (3) feet six (6) inches in any required front yard, and not to exceed a height of six (6) feet in required side or rear yards on the lot, except that when a corner lot abuts a key lot, the fence or freestanding wall over three (3) feet six (6) inches, but not more than six (6) feet in height on the corner lot shall E. r 36.4 Yard Regulations. The required yards are as follows: (1) Front Yard: (a) There shall be a front yard having a depth of not less than twenty (20) feet. (b) For through lots, a front yard shall be provided along both street lot lines. (c) Yards along any street side of corner lots shall be at least ten (10) feet. However, there shall be at least twenty (20) feet of driveway length and no driveway shall be closer than twenty (20) feet from any corner. (2) Side Yard: There shall be a side yard on each side of a building having a width of not less than seven (7) feet. (3) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) feet. 36.5 Intensity of Use Regulations. The intensity of use regulations are as follows: (1) Lot Area: Each lot shall have a minimum.lot area of ten thousand (10,000) square feet. (2) Lot Width: Each lot shall have a minimum width of eighty (80) feet. For flag lots, a thirty (30) foot width is allowed. No lot with a frontage of less than eighty (80) feet shall be adjoined by more than one (1) other lot with a frontage less than eighty (80) feet on the same street. (3) Lot Area Per Dwelling Unit: There shall be one (1) dwelling unit per lot. (4) Lot Coverage: The maximum lot coverage shall be forty (40%) percent of the lot area. (5) Distance Between Buildings: The minimum distance between buildings on the same lot shall be six (6) feet. 36.6 Parking Regulations. The parking regulations are as provided in Section 26.10 hereof. ® of a building, but placement against a wall of a building shall be no higher than eight (8) feet above grade. (4) Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each dwelling. (b) Signs identifying churches, schools, public utility buildings and facilities, publicly owned or operated properties, libraries, museums and community buildings, subject to the following: 1. Such sign shall not exceed twenty-four (24) square feet in area. 2. Such sign may be illuminated. but the source of illumination shall not be visible, and no flashing or intermittent illumination shall be employed. 3. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be no higher than twelve (12) feet above grade nor above the roof line. The height of a freestanding sign shall not exceed twelve (12) feet above grade. ® 4. Such sign shall not be located in or project into any required yard, and placement of such sign when freestanding shall be parallel with the street. 5. Such sign shall contain no advertising copy. 6. Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each such church, school, public building or facility, publicly owned or operated property, library, museum or community building. to the following: square feet in area. (c) Signs identifying parks and playgrounds subject 1. Such sign shall not exceed twenty-four (24) 2. Such sign may be double-faced. 3. Such sign may be illuminated. but the source of illumination shall not be visible._ and no flashing or intermittent illumination shall be employed. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding. but placement against a wall of a building shall be not higher than twelve (12) feet above grade nor above the ® roof line. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall not be located in or project into any street 6. Such sign shall contain no advertising copy. 7. Such sign shall be removed from the property within ten (10) days after the purpose of the sign is fulfilled. (f) Temporary signs pertaining to the sale, lease, hire or rental of property, subject to the following: square feet in area. 1. Such sign shall not exceed twelve (12) 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be no higher than twelve (12) feet above grade nor above the roof line. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall not be located in or project into any street ® or alley. 6. Such sign shall not be moving, animated or audible in any manner. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each such property. 8. Such sign shall be removed from the property within ten (10) days after the purpose of the sign is fulfilled. (g) Temporary freestanding signs pertaining to the subdivision or development of land, subject to the following: 1. Such sign shall not exceed four hundred (400) square feet in area; and where there is more than one (1) of these signs located on the property, the aggregate sign area shall not exceed one thousand (1,000) square feet. 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. E set back from the street side property line not less than one-half (1/2) the depth of the required front yard. Note: Those utility companies which are regulated by the Arizona Corporation Commission may be allowed increased fence heights due to national, state or local standards. (11) Accessory buildings and uses customarily incidental to the above uses, including: a. Private swimming pool along with incidental installations, such as pumps and filters. provided such pool and incidental installations are located in other than the required front yard and completely enclosed from adjoining lots by a solid wall or protective fence of not less than five (5) feet in height and provided such pool sets back from all lot lines a distance of not less than three (3) feet. Residential structure walls containing an exterior entry door may be used in meeting the pool enclosure requirement. Any fence/wall used for pool enclosure may not contain any openings that might be used for foothold climbing purposes. Every opening in a required pool fence/wall shall be provided with a minimum five (5) foot high self -closing gate, which shall open outward away from the pool and shall have a self -latching latch or lock in good condition, with the latch/lock placed at least fifty (50) inches above the underlying ground and with the closing device (spring. pneumatic. etc.) at least thirty-six (36) inches above the underlying ground. Any vertical opening or opening at ground level in a pool enclosure fence (e.g. wrought iron) ® shall be of such size that a spherical object four (4) inches in diameter cannot pass through the openings. Wrought iron or wood barriers or enclosures shall be constructed with at least fifty-four (54) inches between the top surfaces of the horizontal members. All fish ponds and other contained bodies of water. either above or below ground level. with the container being eighteen (18) inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis shall conform to the location and enclosure requirements for swimming pools. Irrigation and storm water retention facilities and the water features in public parks and golf courses are exempt from the fencing requirements of this provision. It is the responsibility of the property owner to ensure that any pool enclosure fence and its appurtenances (e.g., gates. latching devices. locks, etc.) are maintained in safe and good working order. (Ordinance 90-10) (b) Private tennis court provided that such court is not constructed within twenty (20) feet of any adjoining property under other ownership, and provided that tennis court fences or walls shall not exceed twelve (12) feet in height and further provided that any lights for the tennis court shall be subject to a use permit and'shall be places so as to not direct or reflect light upon adjoining land. 37.3 Height Regulations. The height of buildings shall not exceed thirty (30) feet. El ARE 38.1 Purpose. The principal purpose of this Zoning District is to conserve and protect single-family residential development where minimum lots of not less than six thousand (6,000) square feet in area are suitable and appropriate taking into consideration existing conditions. including present use of land, present lot sizes, future land use needs and the availability of public utilities. Principal uses permitted in this Zoning District include single-family dwellings, churches, schools, parks, playgrounds and other community facilities. 38.2 Use Reeulations. A building or premises shall be used only for the following purposes: (1) One (1) single-family dwelling per lot of record. (2) Churches. including accessory columbaria provided that the building area of the columbaria shall not exceed ten (10%) percent of the total building area of the church building(s). (3) Public schools, elementary and high, and private schools with curricula substantially similar to that customarily given in public schools. ® (4) Service to the public of water, gas, electricity, telephone, telegraph, steam, hot or cold air. The foregoing shall be deemed to include attendant facilities and appurtenances to the above uses, including, without limitation, distribution, collector and feeder lines, pumping or booster stations along pipelines, and substations along electric transmission lines. But not including public utility treatment and generating plants or offices. (5) Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices. (6) Golf courses including club houses located thereon, but not including miniature courses or practice driving tees operated for commercial purposes. (7) Libraries, museums, parks, playgrounds, and community buildings, provided such uses are conducted on a non-profit basis. (8) Signs as follows: (a) Signs identifying the name of the occupant of a residence, the occupant's profession or title, and the address of the dwelling, subject to the following: (1) Such sign shall not exceed two (2) square feet in area. (2) Such sign may be illuminated but the source of illumination shall not be visible, and no flashing or intermittent illumination shall be employed. (3) Such sign shall be placed flat against a wall or alley. 6. Such sign shall contain no advertising copy. 7. Such sie_n shall be located on the property to which it pertains and the number shall be limited to one (1) for each entrance to such golf course, park or playground. following: feet in area. (d) Permanent directional signs. subject to the 1. Such sign shall not exceed two (2) square 2. Such sign may be double-faced. 3. Such sign may be illuminated, but the source of illumination shall not be visible, and no flashing or intermittent illumination shall be employed. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be not higher than eight (8) feet above grade. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall be not located in or project into any street or alley. 6. Such sign may be used to designate entrances or exits to or from a parking area if necessary for that purpose, but the number shall be limited to one (1) for each such entrance or exit. following: square feet in area. 7. Such sign shall contain no advertising copy. (e) Temporary directional signs, subject to the 1. Such sign shall not exceed twelve (12) 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding. but placement against a wall of a building shall be no higher than eight (8) feet above grade. The height of a freestanding sign shall not exceed twelve (12) feet above grade. ® 5. Such sign may be located in or project into required yards. but such sign shall not be located in or project into any street or alley. 71 or alley. 6. Such sign shall contain no advertising copy. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each entrance to such golf course. park or playground. (d) Permanent directional signs. subject to the following: feet in area. 1. Such sign shall not exceed two (2) square 2. Such sign may be double-faced. 3. Such sign may be illuminated, but the source of illumination shall not be visible, and no flashing or intermittent illumination shall be employed. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be not higher than eight (8) feet above grade. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall be not located in or project into any street K or alley. 6. Such sign may be used to designate entrances or exits to or from a parking area if necessary for that purpose, but the number shall be limited to one (1) for each such entrance or exit. following: square feet in area. 7. Such sign shall contain no advertising copy. (e) Temporary directional signs. subject to the 1. Such sign shall not exceed twelve (12) 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding. but placement against a wall of a building shall be no higher than eight (8) feet above grade. The height of a freestanding sign shall not exceed twelve (12) feet above grade. ® 5. Such sign may be located in or project into required yards. but such sign shall not be located in or project into any street or alley. M 6. Such sign shall contain no advertising copy. 7. Such sign shall be removed from the property within ten (10) days after the purpose of the sign is fulfilled. (f) Temporary signs pertaining to the sale. lease, hire or rental of property, subject to the following: square feet in area. 1. Such sign shall not exceed twelve (12) 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be no higher than twelve (12) feet above grade nor above the roof line. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards, but such sign shall not be located in or project into any street or alley. ® 6. Such sign shall not be moving. animated or audible in any manner. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each such property. 8. Such sign shall be removed from the property within ten (10) days after the purpose of the sign is fulfilled. (g) Temporary freestanding signs pertaining to the subdivision or development of land, subject to the following: 1. Such sign shall not exceed four hundred (400) square feet in area; and where there is more than one (1) of these signs located on the property. the aggregate sign area shall not exceed one thousand (1,000) square feet. 2. Such sign may be double-faced. 3. Such sign shall not be illuminated. ® 4. Such sign shall not exceed twenty-four (24) feet in height. 5. Such sign shall not be located in or project into any required yard. 6. Such sign shall not be moving, animated or audible in any manner. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to ten (10) for each property. 8. Such sign shall be removed from the property within ten (10) days after the purpose of the sign is fulfilled. (h) Temporary signs identifying the contractors and subcontractors, if any, engaged in the construction or repair of a building or buildings, subject to the following: 1. Such sign shall not exceed twenty-four (24) square feet in area. 2. Such sign may be double-faced. ® 3. Such sign shall not be illuminated. 4. Such sign may be placed flat against a wall of a building or such sign may be freestanding, but placement against a wall of a building shall be no higher than twelve (12) feet above grade nor above the roof line. The height of a freestanding sign shall not exceed twelve (12) feet above grade. 5. Such sign may be located in or project into required yards. but such sign shall not be located in or project into any street or alley. 6. Such sign shall contain no advertising copy. 7. Such sign shall be located on the property to which it pertains and the number shall be limited to one (1) for each property. 8. Such sign shall be removed from the property within ten (10) days after the work of contractors or subcontractors identified thereon is completed, whichever occurs first. (9) Home occupations. (10) Fences or freestanding walls not to exceed a height isof three (3) feet six (6) inches in any required front yard, and not to exceed a height of six (6) feet in required side or rear yards on the lot. except that when a corner lot abuts a key lot. the fence or freestanding wall over three (3) feet six (6) inches. but not more than six (6) feet in height on the corner lot shall ® set back from the street side property line not less than one-half (1/2) the depth of the required front yard. Note: Those utility companies which are regulated by the Arizona Corporation Commission may be allowed increased fence heights due to national, state or local standards. (11) Accessory buildings and uses customarily incidental to the above uses, including: (a) Private swimming pool along with incidental installations, such as pumps and filters, provided such pool and incidental installations are located in other than the required front yard and completely enclosed from adjoining lots by a solid wall or protective fence of not less than five (5) feet in height and provided such pool sets back from all lot lines a distance of not less than three_ (3) feet. Residential structure walls containing an exterior entry door may be used in meeting the pool enclosure requirement. Any fence/wall used for pool enclosure may not contain any openings that might be used for foothold climbing purposes. Every opening in a required pool fence/wall shall be provided with a minimum five (5) foot high self -closing gate, which shall open outward away from the pool and shall have a self -latching latch or lock in good condition, with the latch/lock placed at least fifty (50) inches above the underlying ground and with the closing device (spring, pneumatic. etc.) at least thirty-six (36) inches above the underlying ground. Any vertical opening or opening at ground level in a pool enclosure fence (e.g. wrought iron) shall be of such size that a spherical object four (4) inches in diameter cannot pass through the openings. ® Wrought iron or wood barriers or enclosures shall be constructed with at least fifty-four (54) inches between the top surfaces of the horizontal members. All fish ponds and other contained bodies of water. either above or below ground level, with the container being eighteen (18) inches or more in depth and/or wider than eight (8).feet at any point measured on the long axis shall conform to the location and enclosure requirements for swimming pools. Irrigation and storm water retention facilities and the water features in public parks and golf courses are exempt from the fencing requirements of this provision. It is the responsibility of the property owner to ensure that any pool enclosure fence and its appurtenances (e.g.. gates. latching devices. locks. etc.) are maintained in safe and good working order. (Ordinance 90-10) (b) Private tennis court provided that such court is not constructed within twenty (20) feet of any adjoining property under other ownership. and provided that tennis court fences or walls shall not exceed twelve (12) feet in height and further provided that any lights for the tennis court shall be subject to a use permit and shall be places so as to not direct or reflect light upon adjoining land. 38.3 Height Regulations. The height of buildings shall not exceed thirty (30) feet. E E u 38.4 Yard Regulations. The required yards are as follows: (1) Front Yard: (a) There shall be a front .yard having a depth of not less than twenty (20) feet, except for side entry garages may be ten (10) feet. (b) For through lots, a front yard shall be provided along both street lot lines. (c) Yards along any street side of corner lots shall be at least ten (10) feet. However, there shall be at least twenty (20) feet of driveway length and no driveway shall be closer than twenty (20) feet from any corner. (2) Side Yard: There shall be a side yard on each side of a building having a width of not less than five (5) feet: or in an approved planned unit development, zero (0) lot line when an aggregate of ten (10) feet between buildings exists. (3) Rear Yard: There shall be a rear yard having a depth of not less than ten (10) feet. 38.5 Intensity of Use Regulations. The intensity of use regulations are as follows: (1) Lot Area: Each lot shall have a minimum lot area of six thousand (6,000) square feet. However, in an approved planned unit development. a minimum four thousand, five -hundred (.4,500) square foot lot area may be approved if a minimum of one thousand, five hundred (1,500) square feet of usable open space is provided per lot, or combination thereof. (2) Lot Width: Each lot shall have a minimum width of sixty (60) feet. For flag lots, a thirty (30) foot width is allowed. No lot with a frontage of less than sixty (60) feet shall be adjoined by more than one (1) other lot with a frontage less than sixty (60) feet on the same street. (3) Lot Area Per Dwelling Unit: There shall be one (1) dwelling unit per lot. (4) Lot Coverage: The maximum lot coverage shall be fifty (50%) percent of the lot area. (5) Distance Between Buildings: The minimum distance between buildings on the same lot shall be six (6) feet. 38.6 Parking Regulations. The parking regulations are as provided in Section 26.10 hereof. ARTICLE XXXIX NCP: NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL DISTRICT 39.1 Purpose. The neighborhood commercial and professional district is established to provide a location for modest. well -designed commercial enterprises to serve a surrounding residential neighborhood or to provide for the appropriate location of professional offices throughout the community. The intent of this district is to integrate limited commercial activity and professional offices with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between commercial or professional uses and the residential uses within the same neighborhood. 39.2 Circumstances of Application. (1) The neighborhood commercial and professional district is to be applied in three primary circumstances. (a) Such a designation is appropriate where commercial activities are to be provided in the midst of a neighborhood for the benefit of the residents thereof. Such benefits may include convenience. energy conservation, or related factors. Such a designation may properly apply to a limited area located in a convenient place relative to the circulation pattern for both vehicles and pedestrians within a neighborhood. A neighborhood commercial and professional district should serve as a commercial service nucleus for the neighborhood in which it is located. ® (b) Application of this district would also be appropriate where its permitted uses and performance standards might serve as an effective buffer between a residential neighborhood and uses not compatible with residential living. (c) It may also be suitable in moderate and/or high density residential areas with high activity levels where professional office uses would not substantially impact the area. 39.3 Uses Permitted. Uses permitted in the neighborhood commercial and professional district shall be as follows: A. Commercial Uses 1. Bakeries 2. Barbershops 3. Banks 4. Bookstores 5. Dry -cleaner's offices 6. Child care centers 7. Dry -goods and notions 8. Florists (retail) 9. Gift Shops 10. Food Stores 11. ® Delicatessens 12. Hardware stores 13. Insurance agencies 14. Mortuaries 15. Photo shops 16. Photo studios 17. Real estate offices 18. Restaurants 19. Wearing apparel stores 20. Pharmacies 21. Variety stores 22. Amusement arcade B. Professional Office Uses 1. Medical. dental and related health professional offices 2. Architects 3. Attorneys 4. Medical laboratories 5. Certified public accountants 6. Engineers 7. Land surveyors 8. Private schools for academic instruction 9. Veterinary clinics 39.4 Special Uses 1. Drive-in windows facilities. ® 2. Private schools for vocational education. 3. Operation of commercial or professional activities between eleven p.m. and seven a.m. 4. Outdoor facilities for veterinary clinics. 5. Retail gasoline sales. subject to compliance with applicable fire and safety codes. (Limited to four dispensing units serving a maximum of eight cars simultaneously). 6. Outdoor seating area 7. Alcoholic beverages. sales and service. Because no list of uses can be complete. decisions on specific . uses will be rendered by the Community Development Director with appeal to the Board of Adjustment available to the applicant. 39.5 Performance Requirements. All new construction within the neighborhood commercial and professional district shall conform to the following standards. (1) All building permits for new construction shall include completion of all right-of-way improvements required for that type of development by the subdivision ordinance. ® (2) Signs for permitted neighborhood commercial and professional uses shall conform to those designated for "C-1" Neighborhood Commercial Zoning District. a planned unit development as defined by this title. Uses permitted only in the "C-2" district may constitute up to twenty-five (25%) percent of the net developed area in any mixed use planned unit development within the neighborhood commercial and professional district. No other uses may be permitted by way of the planned unit development procedure in the neighborhood commercial and professional district. (3) Minimum size for a planned unit development in the neighborhood commercial and professional district shall be two acres. Exceptions to this standard shall be treated as a variance concerning building bulk of placement. 39.7 Table of Bulk and Placement Standards. The table of building bulk and placement standards for the neighborhood commercial and professional district shall be as set out on Table A. LI 0 Building Bulk and Placement Standards Neighborhood Comexcial and Professional District Min. side Min Min. Min. Min. Yard Max. Min. % Lot Front Rear Interior Corner Max. Hgt.By Bldg. Devel. USE Area Setback Yard Lot Line Lot Line Height Variance Separation Landscape Land Use N/A 25 20 10* 20 25 30 Uniform 25 of Commercial Bldg. site Uses Code area Professional N/A 25 20 10* 20 25 30 Uniform 25 of Office Uses Bldg. site Code area Residential 3,000 25 20 7 20 35 30 Res. Res. Zone Zone Standards Standards king Lots parking N/A 25 10 7 20 25 30 Uniform 7 of for Permitted Bldg. surfaced Uses Code parking area Accessory N/A 25 20 10 20 25 30 Uniform N/A Bldg. Code std. * Or height of building which ever is greater