Title
Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” by revising and clarifying certain provisions and making technical changes, all under certain terms and conditions.
Body
WHEREAS, The COVID-19 Development Working Group, which includes the City Solicitor, the Department of Planning and Development, the Department of Licenses and Inspections, and the Council of the City of Philadelphia, is supporting the safe and healthy restart of community-driven, equitable development activities by recommending code amendments, updates to permitting processes, and the further study of certain laws and regulations; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
Key: In Tables and Table Notes, deletions shall be denoted by {curly brackets}, and not by [square brackets].
TITLE 14. ZONING AND PLANNING
CHAPTER 14-100. GENERAL PROVISIONS
* * *
§ 14-107. Determination of Boundaries.
* * *
(2) Multiple Districts or Provisions.
When the boundaries of various districts as shown on the zoning map are established so that a single [property] lot has more than one base zoning district designation, the following provisions apply. [For purposes of this § 14-107(2) (Multiple Districts or Provisions), L&I shall determine which district or provision is more restrictive.]
[(a) Splits Involving Residential Districts.
(.1) If the district with the more restrictive requirements is classified as a residential district in Chapter 14-400 (Base Zoning Districts) and that district covers more than 20% of the parcel, the provisions of that district shall apply to the entire parcel.
(.2) If the district with the more restrictive requirements is classified as a residential district in Chapter 14-400 (Base Zoning Districts) and that district covers 20% or less of the parcel, the provisions of that district shall only apply to the part of the parcel indicated on the zoning map.
(b) Splits Involving Other Districts.
If the district with the more restrictive requirements is not classified as a residential district in Chapter 14-400 (Base Zoning Districts) and that district covers more than 40% of the parcel, the provisions of that district shall apply to the entire parcel. If the district with the more restrictive requirements is not classified as a residential district in Chapter 14-400 (Base Zoning Districts) and that district covers 40% or less of the parcel, the provisions of that district shall only apply to the part of the parcel indicated on the zoning map.
(c) Splits Involving Any District.
The more restricted portion of the property may not be used for or to serve any purpose that is not allowed in the more restrictive zoning district.]
(a) The provisions of a zoning district shall apply to the entire lot if both:
(.1) The zoning district covers at least 75% of the parcel; and
(.2) The conditions of (b), below, do not apply.
(b) If any zoning district covers a contiguous area on the lot that is greater than or equal to either of the following, the most restrictive provisions of all zoning districts that have a contiguous area that covers at least 10% the total lot area shall apply:
(.1) The minimum lot area for that district; or
(.2) 1,600 sq. ft., if the zoning district does not require a minimum lot area.
(c) For any lot that meets the conditions of (b), only overlays that apply to zoning districts that cumulatively have a contiguous area that covers at least 10% the total lot area shall apply.
(d) On any parcel for which neither (a) nor (b) applies, the Commission shall select a single zoning district from among those that cover a portion of that parcel. The Commission shall select the zone based on what best accomplishes the goals for the immediate area in the comprehensive plan, as provided in its regulations. The provisions of the selected zoning district shall apply to the entire parcel.
* * *
CHAPTER 14-300. ADMINISTRATION AND PROCEDURES
§ 14-301. Reviewers and Decision Makers
* * *
(3) City Planning Commission.
. * * *
(c) Review and Prerequisite Approval Authority.
(.1) The Commission provides prerequisite approvals for:
* * *
(.r) Zoning permits regarding properties that are covered by two or more zoning districts and that meet the criteria of § 14-107(2)(c).
* * *
§ 14-304. Specific Procedures.
* * *
(5) Civic Design Review.
* * *
(b) Applicability.
(.1) Required Review.
(.a) The civic design review procedures of this subsection apply to any development that meets the criteria in Table 14-304-2 (Civic Design Review Triggers) and to master plans as set forth in § 14-304(3)(e)(.1), except for:
* * *
(.ii) A building in the I-1, I-2, I-3, or I-P district with a primary use in the industrial use category or the wholesale, distribution, and storage use category and that does not affect property in any residential district, as defined by § 14-304(5)(b)(.2) (Affected Properties); [in an Industrial district;]
* * *
(e) Review by Civic Design Review Committee.
(.1) L&I shall notify the Commission and the applicant, in writing, when L&I determines that an application for a permit is subject to civic design review.
(.2) The Civic Design Review Committee shall meet [two weeks prior to each regularly scheduled Commission meeting, except if the Commission is functioning as the Civic Design Review Committee pursuant to § 14-304(5)(a)(.1) (Establishment).] at least once per calendar month as long as there is at least one submission meeting the requirements of § 14-304(5)(e)(.4)(.a).
* * *
CHAPTER 14-400. BASE ZONING DISTRICTS
§ 14-401. Residential Districts.
(1) General.
(a) Districts.
(.1) List.
The City’s residential zoning districts are listed in Table 14-401-1, below. When this Zoning Code refers to “Residential” zoning districts, it is referring to all of these districts as of the effective date of this Zoning Code.
Table 14-401-1: Residential Districts
|
Map Symbol |
District Name |
Previously Known As |
|
* * * |
|
RSA-5 |
Residential Single-Family Attached-5 |
R9A |
|
|
|
R10A |
|
|
|
R20 |
|
RSA-6 |
Residential Single-Family Attached-6 |
NA (new district) |
|
* * * |
* * *
§ 14-402. Commercial and Commercial Mixed-Use Districts.
* * *
(4) Multiple Principal Uses and Buildings.
(a) Multiple principal uses are allowed on a single lot in Commercial districts.
(b) Multiple principal buildings may be placed on a single lot in all Commercial districts. [districts, except CMX-1, CMX-2, and CMX-2.5, where multiple principal buildings may be placed on a single lot only if approved as a special exception in accordance with the procedures of § 14-303(7) (Special Exception Approval).]
* * *
§ 14-409. SP-CIV, Civic, Educational, and Medical (Special Purpose) District.
(1) Purpose.
The SP-CIV, Civic, Educational, and Medical (Special Purpose) district regulations are intended to recognize the unique character that schools, hospitals, community centers, and other civic and public-serving institutions have and the unique role that they play in the welfare of the city. SP-CIV district supports the development and preservation of public-serving institutions and a customary and complementary mix of uses, while minimizing adverse impacts on surrounding areas.
(2) Use Regulations.
(a) Uses are allowed in SP-CIV districts in accordance with Table 14-602-4.
(b) Multiple principal uses and principal structures are allowed on a single lot in the SP-CIV district.
(3) Area Regulations.
(a) Gross Floor Area.
The gross floor area of all buildings shall not exceed 400% of the total area of the lot.
(b) Occupied Area.
Not more than 80% of the lot area may be occupied by buildings.
(c) Setbacks.
(.1) Front.
(.a) No front setbacks are required in this district, except as provided in § 14-409(3)(c)(.1)(.b), below.
(.b) If an SP-CIV-zoned lot is adjacent to a lot in a Residential district, the minimum required front setback for a building or portion of a building located on the SP-CIV lot shall be the minimum front setback required in the most restrictive adjacent Residential district.
(.2) Side.
No side setbacks are required. When side yards are provided, they must be a minimum of 8 ft. wide.
(.3) Rear.
The required rear setback is the greater of 9 ft. or 10% of lot depth.
(4) Height Regulations.
(a) There are no height restrictions in the SP-CIV district, except as limited by the other provisions of this Zoning Code, including § 14-409(4)(b) below.
(b) If an SP-CIV-zoned lot is adjacent to a lot in a Residential district, the maximum permitted building height for a portion of a building in the SP-CIV district located within 50 ft. of that residential lot line shall be 20 ft. greater than the maximum permitted building height in the most restrictive Residential district adjacent to that portion of the lot.
(5) Parking and Loading.
(a) There shall be no minimum parking requirements, provided that, where parking is provided, it shall conform to the other requirements of Chapter 14-800, as if those provisions applied directly.
(b) Off-street loading spaces must be provided in accordance with the commercial district regulations of § 14-806 (Off-Street Loading).
(6) Signs.
(a) Non-accessory signs must be in compliance with § 14-905 (Non-Accessory Signs).
(b) Accessory signs shall comply with the CMX-3 sign controls set forth in § 14-904(2).
(c) Building Identification Signs shall comply with § 14-904(3) (Building Identification Signs in CMX-4, CMX-5, IRMX, ICMX, I-1, and SP-CIV Districts).
(7) Fences.
Fences shall be permitted in the SP-CIV district, provided that any fences must be in accordance with the regulations of §14-706 (Fencing and Walls), as though they were located within a Commercial District, except that fences surrounding athletics fields, athletics courts, or other active reactional uses may be up to 15 ft. in height.
* * *
CHAPTER 14-500. OVERLAY ZONING DISTRICTS
* * *
§ 14-514. /FNE, Far Northeast Overlay District
* * *
(5) Minimum Lot Area
(a) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.1) At least seventy-five percent (75%) of lots adjacent to the lot to be divided are 1,000 sq. ft. or less;
(.2) Each of the lots created is used for one single-family attached home; and
(.3) Each of the lots created meets the minimum lot width requirement of the zoning district.
(b) In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.1) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.2) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(6) Accessory Dwelling Units
Accessory dwelling units shall not be permitted.
§ 14-515. /NE, Northeast Overlay District
* * *
(3) Minimum Lot Area
(a) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.1) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.2) Each of the lots created is used for one single-family attached home; and
(.3) Each of the lots created meets the minimum lot width requirement of the zoning district.
(b) In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.1) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.2) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(4) Accessory Dwelling Units
Accessory dwelling units shall not be permitted.
* * *
§ 14-520. /NDO, Ninth District Overlay District
* * *
(4) Minimum Lot Area
In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.a) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.b) Each of the lots created is used for one single-family attached home; and
(.c) Each of the lots created meets the minimum lot width requirement of the zoning district.
(5) Accessory Dwelling Units
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
* * *
§ 14-524. [Reserved] /FDO, Fourth District Overlay District
(1) Applicability.
The Fourth District Overlay District applies to lots located within District No. 4, as defined in § 20-501 (Boundaries of Districts).
(2) Minimum Lot Area
In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.a) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.b) Each of the lots created is used for one single-family attached home; and
(.c) Each of the lots created meets the minimum lot width requirement of the zoning district.
(3) Accessory Dwelling Units
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
* * *
§ 14-529. /VDO, Fifth District Overlay District
(1) Applicability.
The Fifth District Overlay District applies to lots located within District No. 5, as defined in § 20-501 (Boundaries of Districts).
(2) Minimum Lot Area
(a) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.1) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.2) Each of the lots created is used for one single-family attached home; and
(.3) Each of the lots created meets the minimum lot width requirement of the zoning district.
(b) In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.1) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.2) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(3) Accessory Dwelling Units
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
§ 14-530. /EDO, Eighth District Overlay District
(1) Applicability.
The Eighth District Overlay District applies to lots located within District No. 8, as defined in § 20-501 (Boundaries of Districts).
(2) Minimum Lot Area
In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.a) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.b) Each of the lots created is used for one single-family attached home; and
(.c) Each of the lots created meets the minimum lot width requirement of the zoning district.
(3) Accessory Dwelling Units
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
CHAPTER 14-600. USE REGULATIONS
§ 14-601. Use Categories.
* * *
(6) Retail Sales Use Category.
This category includes uses involving the sale, lease, or rental of new or used goods to the ultimate consumer within an enclosed structure, unless otherwise [specified.] specified, provided the sale, lease, or rental payment transaction may be conducted prior to receipt by the ultimate consumer at the retail sales establishment. The retail sales subcategories are:
* * *
(7) Commercial Services Use Category.
* * *
(c) Assembly and Entertainment.
* * *
(.1) [Amusement Arcades.
An establishment that offers to patrons four or more mechanical or electrical devices or games, such as pinball machines, ping pong, darts, shooting galleries or similar devices or games, excluding juke boxes and amusement devices in the establishments regulated by the Liquor Control Board of the Commonwealth and vending machines for the dispensing of goods.
(.2)] Casino.
A licensed gaming facility as authorized by the Commonwealth of Pennsylvania, pursuant to 4 Pa. C.S. Part II, the "Pennsylvania Race Horse Development and Gaming Act. [Act" (the "Act").] A "casino" may also be referred to as a "licensed gaming facility".
[(.3)](.2) Nightclubs and Private Clubs.
An establishment where 50 or more people regularly congregate primarily for entertainment purposes in the form of dancing or live or recorded music. The establishment may serve food or beverages to patrons for on- or off-premise consumption or may have one or more temporary or permanent area(s) set aside for the purpose of dancing by the patrons of the establishment. Such establishments may include, but are not limited to, discotheques, cabarets, private clubs, banquet halls, and similar places of assembly.
[(.4) Pool or Billiards Room.
An establishment that provides three or more tables for the playing of pool or billiards.
(.5)](.3) Movie Theater.
An enclosed building where patrons gather to view motion pictures. This specific use type shall not include adult motion picture theaters.
* * *
(10) Industrial Use Category.
This category includes uses that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage, and handling of these products and the materials from which they are produced. The industrial subcategories are:
(a) Artist Studios and Artisan Industrial.
Spaces used by artists for the creation of art or the practice of their artistic endeavors, as well as uses that produce consumer goods, food, beverages, or wearing apparel or accessories by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking/loading. This subcategory has no discernible external impacts in terms of noise, vibration, odor, hours of operation, or traffic.
* * *
§ 14-602. Use Tables.
* * *
(3) Residential Districts
* * *
Table 14-602-1.A: Building Types Allowed in Residential Districts
|
Previous District Name |
R1 |
R1A |
R2 |
R3 |
R4 |
R5 |
R6/7 |
R9A/10A/R20 |
New |
RSA |
R8/9/10/10B/18/19 |
R11/11A/12/13 |
R14 |
R15/16 |
RC-6 |
WRD/ITD |
RC-4 |
|
District Name |
RSD-1 |
RSD-2 |
RSD-3 |
RSA-1 |
RSA-2 |
RSA-3 |
RSA-4 |
RSA-5 |
RSA-6 |
RTA-1 |
RM-1 |
RM-2 |
RM-3 |
RM-4 |
RMX-1 |
RMX-2 |
RMX-3 |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) |
|
Detached |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
|
|
|
(See also § 14-701(2)(b), Note [9]) |
|
|
|
|
|
|
|
|
|
|
|
|
Semi-Detached |
N |
N |
N |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
|
|
|
(See also § 14-701(2)(b), Note [8]) |
|
|
|
|
|
|
|
|
|
|
|
|
Attached |
N |
N |
N |
N |
N |
N |
Y |
Y |
Y |
N |
Y |
Y |
N |
Y |
Y |
Y |
Y |
|
|
|
|
|
|
|
|
(See also § 14-701(2)(b), Note [1]) |
|
|
|
|
|
|
|
|
|
|
Table 14-602-1: Uses Allowed in Residential Districts
|
Previous District Name |
R1 |
R1A |
R2 |
R3 |
R4 |
R5 |
R6/7 |
R9A/10A/R20 |
New |
RSA |
R8/9/10/10B/18/19 |
R11/11A/12/13 |
R14 |
R15/16 |
RC-6 |
WRD/ITD |
RC-4 |
|
|
District Name |
RSD-1 |
RSD-2 |
RSD-3 |
RSA-1 |
RSA-2 |
RSA-3 |
RSA-4 |
RSA-5 |
RSA-6 |
RTA-1 |
RM-1 |
RM-2 |
RM-3 |
RM-4 |
RMX-1 |
RMX-2 |
RMX-3 |
Use-Specific Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(3)(a) (Notes for Table 14-602-1) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. |
|
Residential Use Category |
|
Household Living (as noted below) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Single-Family |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
Two-Family |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y |
Y[1] |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
Multi-Family |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[1] |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
Group Living (except as noted below) |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
|
|
Personal Care Home |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
§ 14-603(11) |
|
Single-Room Residence |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
|
|
Parks and Open Space Use Category |
|
Passive Recreation |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
Active Recreation |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
|
|
Public, Civic, and Institutional Use Category |
|
Adult Care |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
Child Care (as noted below) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Family Child Care |
N |
N |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
§ 14-603(5) |
|
Group Child Care |
N |
N |
N |
N |
N |
N |
N |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
Y |
Y |
Y |
§ 14-603(5) |
|
Child Care Center |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y |
Y |
Y |
§ 14-603(5) |
|
Community Center |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y |
Y |
Y |
Y |
Y |
Y |
{N}Y |
|
|
Educational Facilities |
N |
N |
N |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S |
S |
S |
|
|
Fraternal Organization |
N |
N |
N |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S |
S |
S |
|
|
Hospital |
N |
N |
N |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S |
S |
S |
|
|
Libraries and Cultural Exhibits |
N |
N |
N |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S |
S |
S |
|
|
Religious Assembly |
N |
N |
N |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y |
Y |
Y |
|
|
Safety Services |
N |
N |
N |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y |
Y |
Y |
|
|
Transit Station |
N |
N |
N |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y[2] |
Y |
Y |
Y |
|
|
Utilities and Services, Basic |
N |
N |
N |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S[2] |
S |
S |
S |
|
|
Wireless Service Facility |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
§ 14-603(16); § 14-603(17) |
|
Office Use Category |
|
Business and Professional |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y |
|
|
Medical, Dental, Health Practitioner (as noted below) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sole Practitioner |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y |
|
|
Group Practitioner |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
S[3] |
S[4] |
Y |
|
|
Retail Sales Use Category |
|
Consumer Goods (except as noted below) |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Drug Paraphernalia Stores |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(13) |
|
Gun Shop |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(13) |
|
Food, Beverages, and Groceries |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Sundries, Pharmaceuticals, Convenience Sales |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Wearing Apparel and Accessories |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Commercial Services Use Category |
|
Business Support |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Eating and Drinking Establishment |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
§ 14-603(6) |
|
Personal Services |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Visitor Accommodations |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[4] |
Y[5] |
|
|
Commissaries and Catering Services |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Urban Agriculture Use Category |
|
Community Garden |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
§ 14-603(15) |
|
Market or Community-Supported Farm |
S |
S |
S |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
§ 14-603(15) |
(4) Commercial Districts.
Principal uses are allowed in Commercial districts in accordance with Table 14-602-2. Uses classified as accessory uses, such as home occupations, are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures).
(a) Notes for Table 14-602-2.
* * *
[2] In the CMX-2 district, {the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.a) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.b) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and} a minimum of 480 sq. ft. of lot area is required per dwelling unit, {unit for the lot area in excess of 1,919 sq. ft.;} provided that whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number.
* * *
Table 14-602-2: Uses Allowed in Commercial Districts
|
Previous District Name |
C-1 |
C-2/RC-2 |
(/NCC) |
C-3/RC-3 |
C-4 |
C-5 |
C-7/NSC |
ASC |
|
|
District Name |
CMX-1 |
CMX-2 |
CMX-2.5 |
CMX-3 |
CMX-4 |
CMX-5 |
CA-1 |
CA-2 |
Use-Specific Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(4)(a) (Notes for Table 14-602-2) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. |
|
* * * |
|
Commercial Services Use Category |
|
* * * |
|
Assembly and Entertainment (except as noted below) |
N |
S |
S |
S |
Y |
Y |
S |
Y |
|
|
{Amusement Arcade} |
{N} |
{N} |
{N} |
{N} |
{N} |
{N} |
{N} |
{N} |
{§ 14-603(13)} |
|
Casino |
N |
N |
N |
N |
N |
N |
N |
N |
|
|
Nightclubs and Private Clubs |
N |
S |
N |
S |
Y |
Y |
N |
Y |
§ 14-603(18) |
|
{Pool or Billiards Room} |
{N} |
{N} |
{N} |
{N} |
{N} |
{N} |
{N} |
{N} |
{§ 14-603(13)} |
|
* * * |
|
Personal Services (except as noted below) |
Y[5] |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
Body Art Service |
{N}S |
{N}S |
{N}Y |
{N}Y |
{N}Y |
{N}Y |
{N}Y |
{N}Y |
§ 14-603(2) {§ 14-603(13)} |
|
* * * |
(5) Industrial Districts.
Principal uses are allowed in Industrial districts in accordance with Table 14-602-3. Uses classified as accessory uses, such as home occupations, are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures).
(a) Notes for Table 14-602-3.
* * *
{[4] In the IRMX district, retail sales uses are prohibited on any floor other than the ground floor of a building.}
Table 14-602-3: Uses Allowed in Industrial Districts
|
Previous District Name |
New |
L4/L-5 |
L1/L2/L3 |
G1/G2 |
LR |
PI |
|
|
District Name |
IRMX [3] |
ICMX |
I-1 |
I-2 |
I-3 |
I-P |
Use-Specific Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(5)(a) (Notes for Table 14-602-3) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. |
|
* * * |
|
Retail Sales Use Category {[4]} |
|
* * * |
|
Commercial Services Use Category |
|
* * * |
|
Assembly and Entertainment (except as noted below) |
S |
Y |
N |
N |
N |
N |
§ 14-603(18) |
|
{Amusement Arcade} |
{N} |
{S} |
{N} |
{N} |
{Y} |
{N} |
{§ 14-603(13)} |
|
Casino |
N |
N |
N |
N |
N |
N |
|
|
{Pool or Billiards Room} |
{N} |
{S} |
{N} |
{N} |
{Y} |
{N} |
§ 14-603(13)} |
|
* * * |
|
Personal Services {(except as noted below)} |
Y |
Y |
N |
N |
N |
N |
|
|
Body Art Service |
{N}S |
S |
N |
{S}N |
{Y}N |
N |
§ 14-603(2) {§ 14-603(13)} |
|
* * * |
|
Industrial Use Category |
|
Artists Studios and Artisan Industrial |
Y |
Y |
Y |
Y |
Y |
N |
|
|
Limited Industrial |
{S}Y |
Y |
Y |
Y |
Y |
N |
|
|
* * * |
(6) Special Purpose Districts.
* * *
Table 14-602-4: Uses Allowed in Special Purpose Districts
|
Previous District Name |
IDD |
CED |
SSD |
REC-P |
REC |
New |
New |
|
|
District Name |
SP-INS |
SP-ENT |
SP-STA |
SP-PO-P |
SP-PO-A |
SP-AIR |
SP-CIV |
Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(6)(a) (Notes for Table 14-602-4) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. |
|
Residential Use Category |
|
Household Living |
N |
Y |
N |
N |
N |
N |
N |
|
|
Group Living |
Y |
N |
N |
N |
N |
N |
N |
§ 14-603(11) |
|
Parks and Open Space Use Category |
|
Natural Resource Preservation |
N |
N |
N |
Y[1] |
Y[1] |
Y |
Y |
|
|
Passive Recreation |
Y |
Y |
Y |
Y[1] |
Y[1] |
Y |
Y |
|
|
Active Recreation |
Y |
Y |
Y |
N |
Y[1] |
Y |
Y |
|
|
Public, Civic, and Institutional Use Category |
|
Adult Care |
Y |
N |
Y |
N |
Y |
N |
Y |
|
|
Airport-Related Facilities |
N |
N |
N |
N |
N |
Y |
N |
|
|
Child Care |
Y |
N |
Y |
N |
N |
S[2] |
Y |
§ 14-603(5) |
|
Community Center |
Y |
N |
N |
N |
Y |
N |
Y |
|
|
Educational Facilities |
Y[3] |
N |
N |
N |
N |
N |
Y |
|
|
Fraternal Organization |
Y |
N |
N |
N |
N |
N |
N |
|
|
Hospital |
Y[4] |
N |
N |
N |
N |
N |
Y |
|
|
Libraries and Cultural Exhibits |
Y |
N |
N |
N |
Y[1] |
Y |
Y |
|
|
Religious Assembly |
Y |
N |
N |
N |
N |
N |
N |
|
|
Safety Services |
Y |
N |
N |
N |
N |
Y |
Y |
|
|
Transit Station |
Y |
N |
Y |
N |
N |
Y |
Y |
|
|
Utilities and Services, Basic |
Y |
N |
N |
N |
N |
Y |
S |
|
|
Wireless Service Facility |
Y |
Y |
Y |
N |
N |
Y |
S |
§ 14-603(16); § 14-603(17) |
|
Office Use Category |
|
Business and Professional |
Y |
Y |
Y |
N |
N |
Y |
N |
|
|
Medical, Dental, Health Practitioner |
Y |
Y |
Y |
N |
N |
Y |
Y |
|
|
Government |
Y |
Y |
Y |
N |
N |
Y |
Y |
|
|
Retail Sales Use Category |
|
Building Supplies and Equipment |
Y |
Y |
N |
N |
N |
Y |
N |
§ 14-603(3) |
|
Consumer Goods (except as noted below) |
Y |
Y |
Y |
N |
N |
Y |
N |
|
|
Drug Paraphernalia Sales |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(13) |
|
Gun Shop |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(13) |
|
Food, Beverages, and Groceries |
Y |
Y |
N |
N |
N |
Y |
S |
|
|
Pets and Pet Supplies |
Y |
Y |
N |
N |
N |
Y |
N |
|
|
Sundries, Pharmaceuticals, and Convenience Sales |
Y |
Y |
Y |
N |
N |
Y |
S |
|
|
Wearing Apparel and Accessories |
Y |
Y |
Y |
N |
N |
Y |
N |
|
|
Commercial Services Use Category |
|
Animal Services (except as noted below) |
N |
N |
N |
N |
N |
N |
N |
|
|
Stables |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(14) |
|
Assembly and Entertainment (except as noted below) |
Y |
Y |
Y |
N |
N |
Y |
N |
§ 14-603(18) |
|
{Amusement Arcade} |
{N} |
{Y} |
{N} |
{N} |
{N} |
{Y} |
|
{§ 14-603(13)} |
|
Casino |
N |
Y |
N |
N |
N |
N |
N |
|
|
{Pool or Billiards Room} |
{N} |
{Y} |
{N} |
{N} |
{N} |
{N} |
|
|
|
Building Services |
Y |
N |
N |
N |
N |
Y |
N |
§ 14-603(13) |
|
Business Support |
Y |
N |
N |
N |
N |
Y |
N |
|
|
Eating and Drinking Establishments (except as noted below) |
Y |
Y |
Y |
N |
Y[5] |
Y |
S |
|
|
Take-Out Restaurant |
Y |
Y |
N |
N |
Y[5] |
Y |
S |
§ 14-603(6) |
|
Smoking Lounge |
S |
S |
S |
N |
N |
S |
N |
§ 14-603(19) |
|
Financial Services (except as noted below) |
Y |
N |
Y |
N |
N |
Y |
N |
|
|
Personal Credit Establishment |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(13) |
|
Funeral and Mortuary Services |
Y |
N |
N |
N |
N |
Y |
N |
|
|
Marina |
N |
Y |
N |
N |
N |
Y |
N |
|
|
Maintenance and Repair of Consumer Goods |
Y |
N |
N |
N |
N |
Y |
N |
|
|
Parking, Non-Accessory |
Y |
Y |
Y |
N |
N |
Y |
N |
§ 14-603(10) |
|
Personal Services |
Y |
Y |
Y |
N |
N |
Y |
S |
§ 14-603(2) |
|
Radio, Television, and Recording Services |
Y |
N |
Y |
N |
N |
Y |
N |
|
|
Visitor Accommodations |
Y |
Y |
Y |
N |
N |
Y |
N |
|
|
Wholesale, Distribution, and Storage Use Category |
|
Wholesale Sales and Distribution |
N |
N |
N |
N |
N |
Y |
N |
|
|
Industrial Use Category |
|
Artists Studios and Artisan Industrial |
Y |
N |
N |
N |
N |
Y |
N |
|
|
Research and Development |
Y |
N |
N |
N |
N |
Y |
Y |
|
|
Urban Agriculture Use Category |
|
Community Garden |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
§ 14-603(15) |
|
Market or Community-Supported Farm |
S |
N |
N |
S |
S |
Y |
Y |
§ 14-603(15) |
* * *
§ 14-603. Use-Specific Standards.
* * *
(13) Regulated Uses.
(a) Designation of Regulated Uses.
The following uses are designated as regulated uses:
(.1) Adult-oriented merchandise;
(.2) Adult-oriented service;
(.3) Drug paraphernalia stores;
(.4) Gun shops;
(.5) Detention and correctional facilities; and
(.6) Personal credit establishments. [establishments;
(.7) Amusement arcades;
(.8) Pool or billiards rooms;
(.9) Body art services.]
* * *
§ 14-604. Accessory Uses and Structures.
(5) Roof Decks
* * *
(a) Setbacks.
Roof decks must be set back at least five ft. from the extreme front building line (closest to the front lot line). In cases where the top story is already set back at least five ft. from the extreme front line of the building, the roof deck does not require an additional setback. A roof deck may not be constructed in the front setback required by § 14-701(2)(b) (Notes for Table 14-701-1) or § 14-701(2)(c) (Notes for Table 14-701-2) for stories above the second story in [RSA-5] RSA-5, RSA-6, and RM-1 districts.
* * *
(7) Solar Collectors.
(a) Roof-mounted solar collectors and associated solar collector support structures are permitted accessory structures in all zoning districts, subject to the following standards:
* * *
(.4) In the [RSA-5] RSA-5, RSA-6, and RM-1 districts, a solar collector support structure shall not be constructed in the front setback required by § 14-701(2)(b) (Notes for Table 14-701-1) or § 14-701(2)(c) (Notes for Table 14-701-2) for stories above the second story.
* * *
(11) Accessory Dwelling Units.
* * *
(c) Permitted Areas.
* * *
(.2) [Reserved.] Large Lots in the RSA-5 and CMX-1 Districts.
In the RSA-5 and CMX-1 districts, an accessory dwelling unit is permitted, provided that:
(.a) The area of the lot is a minimum of 1,600 sq. ft.; and
(.b)No more than one dwelling unit is otherwise permitted.
* * *
CHAPTER 14-700. DEVELOPMENT STANDARDS
* * *
§ 14-701. Dimensional Standards.
(1) General Provisions.
* * *
(c) [Setbacks] Front Yard Depths for Zone Blocks with More than One Zone.
Where any block frontage on one side of a street is divided into two or more districts, no structure shall be erected nearer to the street line than is permitted under the regulations for the district that covers the largest percentage of the street frontage on that block [face; provided, however, that when residential districts are included the setback shall be the highest required of the applicable residential districts.] face.
* * *
(2) Residential District Dimensional Tables.
* * *
(b) Notes for Table 14-701-1.
* * *
[3] In the RSA-5 and RSA-6 districts, [district,] buildings on lots equal to or less than 45 ft. in depth are exempt from the {minimum open} maximum occupied area requirement.
* * *
[5] In the RSA-5 and RSA-6 districts, [district,] front [setbacks] facades shall comply with the following:
* * *
[10] In the RSA-6 district, parapet walls on the front and rear facades may only extend 8” above the maximum height. The maximum height shall be 35 feet if any of the following conditions apply, provided that the maximum height shall be 38 feet if no roof deck access structures are included on the lot and any of the following conditions apply:
(.a) The lot has an area of 960 sq. ft. or greater;
(.b) The applicant records an instrument, or instruments, in favor of the City, in substance satisfactory to the Department of Planning and Development and in form satisfactory to the Law Department, committing to maintain the property as affordable, as defined in 14-702(7)(a)(.1) and as regulated by 14-702(7)(b)(.2) and 14-702(7)(e); or
(.c) The applicant demonstrates that at least 30% of lots on the same block face as the primary frontage of the applicant's property have either:
(.i) No structures; or
(.ii) A structure with a height of at least 30 feet (not including roof deck access structures, parapets, balustrades, or solar collectors).
Table 14-701-1: Dimensional Standards for Lower Density Residential Districts
|
Previous District Name |
R1 |
R1A |
R2 |
R3 |
R4 |
R5 |
R6/7 |
R9A/10A |
New |
R5A |
|
District Name |
RSD-1 |
RSD-2 |
RSD-3 |
RSA-1 |
RSA-2 |
RSA-3 |
RSA-4 |
RSA-5 |
RSA-6 |
RTA-1 |
|
See § 14-701(2)(b) (Notes for Table 14-701-1) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. |
|
|
|
Denotes building type not permitted or zoning requirements not applicable. |
|
Lot Dimensions |
|
Min. Lot Width (ft.) |
75 |
65 |
50 |
50 |
35 |
25 |
18 [1] |
16 |
14 |
25 |
|
Min. Street Frontage as taken from the front lot line (ft.) |
|
|
|
|
|
|
|
|
|
|
|
Min. District Area (acres) |
|
|
|
|
|
|
|
|
|
|
|
Min. Lot Area (sq. ft.) |
10,000 |
7,800 |
5,000 |
5,000 |
3,150 |
2,250 |
1,620 [1] |
{1,440} 960 [2] |
700 |
2,250 |
|
{Min. Open} Max. Occupied Area (% of lot) |
{65}35 |
{65}35 |
{70}30 |
{70}30 |
{60}40 |
50 |
50 |
Intermediate: {25}75; Corner: {20}80 [3] |
80[3] |
50 |
|
Front Setback |
|
Minimum (ft) |
35 |
35 |
25 |
25 |
15 |
8 |
15 |
[4][5] |
[4][5] |
8 |
|
Minimum Side Yard Width [6], Permitted Residential Uses as set forth in § 14-602 |
|
Detached, Intermediate Lot (ft.) |
2/15 each |
2/10 each |
2/10 each, 25 total |
2/10 each, 25 total [8][9] |
2/8 each [8][9] |
2/8 each [8][9] |
2/8 each |
2/5 each |
2/5 each |
2/8 each |
|
Detached, Corner Lot (ft.) |
15 |
10 |
7 |
7 |
6 |
8 |
6 |
5 |
5 |
8 |
|
Semi-Detached (ft.) |
|
|
|
25 [8] |
16 [8] |
8 [8] |
8 [1] |
5 |
5 |
8 |
|
Attached (ft.) |
|
|
|
|
|
|
[1] |
|
|
|
|
Minimum Side Yard Width [6], Permitted Nonresidential Uses as set forth in § 14-602 |
|
Detached, Intermediate Lot (ft.) |
|
|
2/15 each |
2/15 each |
2/10 each |
2/8 each |
2/8 each |
2/8 each |
2/8 each |
2/8 each |
|
Detached, Corner Lot (ft.) |
|
|
15 |
15 |
10 |
8 |
6 |
8 |
8 |
8 |
|
Rear Yard |
|
Min. Depth (ft.) |
30 |
30 |
25 |
25 |
20 |
Single-Family 15; other 20 |
Single-Family 20; other 25 |
9 [7] |
7 |
Single-Family 15; Other 20 |
|
Height |
|
Maximum (ft.) |
38 |
38 |
38 |
38 |
38 |
38 |
38 |
38 |
25[10] |
38 |
* * *
(3) Commercial Districts Dimensional Table.
(a) Notes for Table 14-701-3
* * *
[4] In the CMX-2.5 district, buildings must be built to the lot line of any primary frontage, as designated in § 14-701(1)(d)(.4) (Primary Frontage).
Table 14-701-3: Dimensional Standards for Commercial Districts
|
Previous District Name |
C1 |
C2/RC2 |
Commercial Corridor Overlays |
C3/RC3 |
C4 C5 |
C7/NSC |
ASC |
|
District Name |
CMX-1 |
CMX-2 |
CMX-2.5 |
CMX-3 |
CMX-4/CMX-5 |
CA-1 |
CA-2 |
|
See § 14-701(3)(a) (Notes for Table 14-701-3) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. |
|
|
|
Denotes zoning requirements not applicable |
|
* * * |
|
Yards |
|
Min. Front Yard Depth (ft.) |
[1][3] |
|
{Must be built to front lot line}[4] |
|
|
|
|
|
* * * |
* * *
(6) Exceptions to Dimensional Standards
The items listed in Table 14-701-6 are exceptions to the dimensional standards otherwise applicable under this § 14-701 (Dimensional Standards). In the case of exceptions to yard, setback, and open space requirements, the areas occupied by the encroachments will not be considered to reduce the amount of open space provided.
Table 14-701-6: Exceptions to Dimensional Standards
|
* * * |
|
Exceptions to Yard, Setback, and Open Area Requirements |
|
Type of District |
Permitted Encroachment |
|
Residential Districts |
* * * |
|
|
Porches may encroach into the required front setback in [RSA-5] RSA-5, RSA-6, and RM-1 districts. |
|
|
* * * |
|
* * * |
* * *
§ 14-705. Landscape and Trees.
(1) On-Site Landscape and Tree Requirements.
* * *
(e) Preservation of Heritage Trees
The location, DBH, and species of all existing trees shall be included in a landscape and tree plan. Heritage trees may not be removed from any property unless the applicant meets the standards of § 14-705(1)(e)(.1) or obtains a special exception approval in accordance with § 14-705(1)(e)(.2).
(.1) A heritage tree may be removed from a property without a special exception approval, [provided:] provided that [(.a)] the applicant replaces the removed heritage tree in accordance with § 14-705(1)(f) (Tree Replacement Requirements); and either:
(.a) The lot is at least 15 acres in total area and is located within an I-1 zoning district; or
(.b) One or both of the following applies to the heritage tree:
* * *
(f) Tree Replacement Requirements.
(.1) Except as set forth in [§ 14-705(1)(f)(.2),] § 14-705(1)(f)(.2) or § 14-705(1)(f)(.3), below, all healthy trees on the lot of 2.5 in. DBH or larger that are removed, damaged, or destroyed as a result of development activities shall be replaced on the same lot or an abutting lot in accordance with the following standards:
* * *
(.c) In the event that the replacement trees are proposed on an abutting lot and such lot is not under the same ownership as the principal lot, a written agreement between the record owners shall be submitted to L&I with the zoning permit application.
* * *
(.3) For any property that meets the conditions of § 14-705(1)(e)(.1)(.a):
(.a) Trees listed on the Department of Parks and Recreation Invasive Species List are not subject to the requirements of section (.1), above.
(.b) Any trees required by and provided pursuant to § 14-705(1)(d)(.2)(.a) (Landscape Buffer) or § 14-803(5)(Parking Landscape or Screening), shall be counted towards the total tree replacement requirement of section (.1), above.
(g) Credits for Preserving Existing Trees.
(.1) Applicants who preserve mature, healthy trees as part of a development project may obtain credits toward trees required by this Zoning [Code.] Code, other than those required under section (f), above. Trees intended to be preserved shall be indicated on the site plan. To obtain credit, the preserved trees must be on the same lot or an abutting lot, be at least five in. diameter breast height (DBH) and must be in healthy condition as determined by a certified arborist. The credit for preserved trees shall be as shown in Table 14-705-2 and may be applied toward the number of trees required on the [lot.] or lots. Any preserved trees for which credit is given, and that are lost to damage or disease within two years after the credit is awarded, shall be replaced by the land owner with trees otherwise required.
* * *
CHAPTER 14-800. PARKING AND LOADING
* * *
§ 14-802. Motor Vehicle Parking Ratios.
* * *
(2) Required Parking in Residential Districts.
Table 14-802-1 lists the parking requirements for Residential districts.
Table 14-802-1: Required Parking in Residential Districts
|
|
Minimum Required Parking Spaces (spaces per unit/sq. ft. of gross floor area/beds/seats) |
|
|
RSD-1/2/3 RSA-1/2/3 RTA-1 RMX-1 |
[RSA-4/5] RSA-4/5/6 RM-1 |
RM-2/3/4 RMX-2/3 |
|
* * * |
* * *
(3) Required Parking in Commercial Districts.
Table 14-802-2 lists the parking requirements for Commercial districts, except CMX-1, CA-1, and CA-2. The CMX-1 parking requirements are set forth in § 14-802(7)(a) (CMX-1 Parking). The CA-1 and CA-2 parking requirements are set forth in § 14-802(7)(b) (CA-1 and CA-2 Parking).
Table 14-802-2: Required Parking in Commercial Districts (Except CMX-1, CA-1, and CA-2)
|
|
Minimum Required Parking Spaces (spaces per unit/sq. ft. of gross floor area/beds/seats/room) |
|
|
CMX-2/2.5 |
CMX-3 |
CMX-4/5 |
|
* * * |
|
Industrial Use Category (as noted below) |
|
Artist Studios and Artisan Manufacturing |
None for the first 7,500 sq. ft. then 1/2,000 sq. ft. |
None for the first 7,500 sq. ft. then 1/2,000 sq. ft. |
None for the first 7,500 sq. ft. then 1/2,000 sq. ft. |
|
Research and Development |
None for the first 7,500 sq. ft. then 1/2,000 sq. ft. |
0{None for the first 7,500 sq. ft. then 1/2,000 sq. ft.} |
0{None for the first 7,500 sq. ft. then 1/2,000 sq. ft.} |
|
* * * |
* * *
(4) Required Parking in Industrial Districts.
Table 14-802-3 lists the parking requirements for Industrial districts.
Table 14-802-3: Required Parking in Industrial Districts
|
|
Minimum Required Parking Spaces (spaces per unit/sq. ft. of gross floor area/beds/seats/room) |
|
|
IRMX |
ICMX I-1 |
I-2/3 I-P |
|
* * * |
|
Commercial Services Use Category (as noted below) |
|
Assembly and Entertainment |
1/10 seats or 1/1,000 sq. ft., whichever is greater |
1/10 seats or 1/1,000 sq. ft., whichever is greater |
The greater of (a) none for the first 200 seats then 1/10 seats or (b) none for the first 4,000 sq. ft. then 1/1,000 sq. ft. |
|
Eating and Drinking Establishments |
0 |
{5/1,000} 5/2,000 sq. ft. |
5/2,000 sq. ft. |
|
Parking, Non-Accessory |
0 |
0 |
0 |
|
Personal Services |
0 |
None for first 2,500 sq. ft., then 1/1,000 sq. ft. |
None for first 2,500 sq. ft., then 1/1,000 sq. ft. |
|
* * * |
* * *
§ 14-803. Motor Vehicle Parking Standards.
(1) Accessory Parking Standards.
* * *
(c) Additional Regulations Applicable to Specific Zoning Districts
The regulations of this § 14-803(1)(c) apply to the specified zoning districts. Should these regulations conflict with any other standard of this § 14-803, the stricter provision shall apply.
(.1) Additional Regulations for RSA-5, RSA-6, RM-1, and CMX-2 Districts.
In the RSA-5, RSA-6, RM-1, and CMX-2 districts, accessory parking for any single-family, two-family or multi-family use in an attached or semi-detached building shall be prohibited unless it can be accessed from a shared driveway, alley, or rear street on which no on-street parking is permitted on the side of the rear street directly abutting the lot. In making a determination of whether on-street parking is permitted, L&I may rely on certification and documentation from the applicant.
* * *
CHAPTER 14-900. SIGNS
* * *
§ 14-904. Accessory Sign Controls
* * *
(2) Controls Applicable to Specific Zoning Districts.
(a) Sign Controls Table 14-904-1.
* * *
Table 14-904-1: Accessory Sign Controls for Specific Zoning Districts
|
|
[RSA-4/5]RSA-4/5/6 and RM-1 |
|
|
Permitted Sign Types: |
|
|
Wall |
Freestanding |
|
* * * |
* * *
(3) Building Identification Signs in CMX-4, CMX-5, IRMX, ICMX, I-1, and [I-1] SP-CIV Districts.
In the CMX-4, CMX-5, IRMX, ICMX, I-1, and [I-1] SP-CIV districts, building identification signs in excess of the signage allowed by Table 14-904-1 are permitted on a building, provided they are approved by the Art Commission and comply with the following requirements:
SECTION 2. This Ordinance shall become effective immediately.
End