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AN ORDINANCE FOR THE PURPOSE OF CREATING A TRANSITIONAL QUIET ZONE C-4 TO ALLOW FOR CONVERSION OF RESIDENCE INTO COMMERCIAL ZONE; AND FOR OTHER PURPOSES
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Section 1: The C-4 Transitional Zone is a retailing area adjacent to and integrated with a residential district providing certain goods and services which are designed to satisfy the daily and weekly household or personal needs of the residents of abutting residential neighborhoods. The regulations are designed to protect the abutting or surrounding residential districts.
(A) Limitations on External Effects of Uses.
a. Every use, unless expressly exempted by this Ordinance, shall be so operated that no obnoxious amount of sound, vibration, heat, glare, radiation, smoke or fumes, shall be generated.
b. Outdoor storage and waste disposal.
(1) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(2) All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property.
(3) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
(B) Principal uses and Buildings Permitted.
a. Automobile gasoline filling stations subject to the following limitations. Such filling station.
(1) is contained in a structure limited in size to two single car service bays, plus rest rooms and office and/or interior supply storage space;
(2) is limited in function to dispensing gasoline, oil, grease, anti-freeze, tires, batteries, and automobile accessories directly to motor vehicles and to washing, polishing and servicing motor vehicles;
(3) does not rent or sell motor vehicles, trailers or general replacement parts;
(4) does not overhaul, tune up or repair motors or bodies;
(5) does not provide brake relining service, wheel alignment, upholstery work, auto glass, painting, welding, tire recapping or auto dismantling;
(6) parks no vehicles being serviced or stored for customers, on streets, alleys, public sidewalks or public park strips;
(7) is provided with barriers or open space of such dimensions that occupants of adjacent structures are not unreasonable disturbed, either by day or night, by the movement of vehicles and light facilities are so arranged that they neither unreasonable disturb occupants of adjacent residential properties not interfere with traffic.
b. Antique store, apparel and accessories store, bank, barber shop, book store, camera and photo supplies store, clinic, laundry and dry cleaning pick-up shops, dairy products store, delicatessen store, drug store, soft line dry goods store, floral shop, fruit store, garden supplies store (handling packaged fertilizer and no other type of fertilizer), gift or novelty store, grocery store, hardware store, hobby supply store, jewelry store (including jewelry repair), self service laundry, locksmith, meat, fish and seafood store, music and record store, news stand, offices, paint and wallpaper store, parking lots, post office, pressing and tailor shop, radio and television store and repair shop, shoe store and repair shop, sporting goods store, vegetable store, funeral home.
c. Food locker plant; a food locker plant renting only individual lockers for home customer storage of food, including sale at retail, delivery of individual home orders and the cutting and packaging of meats or game but not including slaughtering or eviscerating thereof.
d. Restaurants, not including drive-in or curb service type, or those employing outside juke boxes or loud speakers.
(C) Accessory uses and Buildings Permitted.
Customary accessory uses and buildings located on the same lot and provided that such uses are incidental to the principal use, do not include rental residential space and do not include rental residential space and do not occupy more than 10 per cent of the area of the lots.
(D) Area and Bulk Regulations.
a. All other structures or parts of such structures shall be a minimum of 20 feet except those parcels adjacent to existing zoning classifications. These parcels must conform to the adjacent classifications.
b. Residential structures and buildings shall comply with all regulations of the zoned classification.
(1) Maximum Lot Coverage. The principal and accessory buildings and structures and uses shall not cover more than 60 per cent of the area of the lot.
(2) Gross Floor Area. Gross floor area shall not exceed the area of the lot.
(3) Areas.
a. All residential structures shall conform to the area requirements of the R-3 Residential 1 District.
b. Retail businesses shall be limited to a maximum of 3,000 square feet of floor space.
c. There shall be no required lot area for permitted business uses other than for filling stations which shall have a minimum lot area of 7,000 square feet having a frontage of not less than 100 feet. Filling stations located at the intersection of two streets, for the purpose of this Ordinance, will be considered to have two frontages.
(4) Required Yards. Residential structures shall comply with all regulations of the R-3 Residential District.
(5) Off-Street Parking and Loading. Parking and loading space shall be provided in accordance with the provisions of C-3 Commercial District.
(E) Building Groups.
Property development plans for all building groups shall be submitted to the Metropolitan Area Planning Commission for approval to insure that such building groups shall conform to the character of the District. Area and bulk requirements of this Ordinance may be waived at the discretion of the Metropolitan Area Planning Commission where such waiver does not nullify the intent of the Ordinance and will facilitate a more desirable design for building groups. Such waiver must be approved by a majority of the membership of the Commission and will be entered into the minutes of the meeting.
Section 2: It is found and declared by the City Council that many areas of the city are not properly zoned due to a lack of proper zoning classifications and that a Transitional Quiet Zone (C-4) is desirable and that, therefore an emergency exists and this ordinance being necessary for the preservation of the public peace, health and safety, it shall take effect from and after its passage and approval.
PASSED and ADOPTED this 16th day of March, 1970.