HomeMy WebLinkAboutOrdinance 5453 ORDINANCE NO. 5453
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE
CITY OF FAYETTEVILLE RELATED TO NONCONFORMING USES AND
STRUCTURES AND NON RESIDENTIAL USES IN R DISTRICTS.
WHEREAS, the City of Fayetteville encourages infill, historic preservation, adaptive reuse
of buildings and revitalization; and
WHEREAS,the regulations of the City of Fayetteville should encourage the survival and
creative reuse of nonconforming structures,but existing ordinances currently discourage their
survival and reuse; and
WHEREAS,the regulations of the City of Fayetteville should permit development of single-
family homes on existing lots of record to encourage reinvestment in neighborhoods and appropriate
infill development.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE,ARKANSAS:
Section 1.That the City Council of the City of Fayetteville,Arkansas hereby amends the
Unified Development Code Chapter 151: Definitions by replacing the definition for Nonconforming
use with the following term:
Nonconforming structures, uses, and lots. A structure or building, use or activity, or lot which
was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by
reason of such adoption, revision or amendment to conform to the present requirements of the zoning
district.
Section 2.That the City Council of the City of Fayetteville,Arkansas hereby repeals §164.12
Nonconforming Uses and Structures and §164.13 Non Residential Uses in R Districts and enacts a
replacement§164.12 and §164.13, shown as Exhibit"A"attached hereto and made a part hereof.
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PASSED and APPROVED this 18 `day of October,2011. 6'`° �°��°SG
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APPROVED: ATTEST: ;FAYETTEVI LLE
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By: C_ By: QzY1 � �, ��uaa9a�eee�'
IONELD JO AN, ayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
Page 1 of 3
CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS
164.12 Nonconforming Structures, Uses requirements of the underlying zoning
And Lots district, along with all other applicable zoning
It is the intent of this section to regulate and development ordinances.
nonconforming structures, uses or lots that are (7) For nonconforming structures located in
created when zoning designations or regulations are zoning districts utilizing build-to zones and
created or changed such than an existing lawfully requirements for a minimum buildable street
established structure, use, or lot no longer conforms frontage, all new construction that increases
to the regulations of the Unified Development Code. It the existing building(s)footprint or volume of
is also the intent of this section to permit habitable space by 50% or more shall
nonconformities to continue as they exist presently comply with the standards of the underlying
and to guide future uses and development to be zoning district. Building additions/expansions
consistent with the City's planning policy and that increase the existing building(s)footprint
regulations. or volume of habitable space on a property
(A) Nonconforming structures. by less than 50% may be located outside of
the build-to zone, so long as they are
(1) Nonconforming structures are permitted to compliant with all other applicable zoning
exist for continued and creative reuse to and development ordinances.
contribute to the surrounding character,
diversity, and services in the neighborhood (8) Should a nonconforming structure be moved
until such structures are removed. for any reason for any distance whatever, it
shall thereafter conform to the regulations for
(2) Repairs to nonconforming structures or the district in which it is located after it is
portions thereof are permitted, so long as the moved.
nonconforming portion of the structure is not (g) A structure or portion thereof within any
enlarged in volume, area or footprint. zoning district may be altered to decrease its
(3) Reconstruction of nonconforming structures nonconformity.
or portions thereof amounting to less than (10)Owners of nonconforming structures are
50%of the existing square feet are permitted
so long as the nonconforming portion of the encouraged to keep such structures in good
structure is not enlarged in volume, area or condition by regular maintenance and
footprint. prompt repairs when necessary. If the City's
Building Official notifies the owner of any
(4) Voluntary removal, damage or destruction of unsafe or unlawful condition of the building,
a nonconforming structure or portion thereof the owner must repair such unsafe or
amounting to 50% or more of the existing unlawful condition promptly. The Building
square feet shall require either complete Official may impose a reasonable time limit
removal of the structure or its reconstruction for the repairs to be complete. Failure of the
in conformance with existing regulations. owner to promptly and satisfactorily
complete the necessary repairs may result in
(5) Involuntary damage to or destruction of a the City Council ordering a raze and removal
nonconforming structure (from fire, winds or of the structure.
other calamity) shall permit the owner to (11)A nonconforming structure may be brought
rebuild, reconstruct or restore the structure into conformity by way of an approved
on the same footprint of the original structure variance from the Board of Adjustment, a
plus any addition or expansion that is rezoning action, or by altering the structure
allowed by the underlying zoning district.
Such reconstruction is permitted as long as it to comply with the standards the
begins within 18 months of the loss and underlying zoning district. A structure
constructed unlawfully shall not be
complies with all other applicable zoning,
development and building codes. considered a nonconforming structure for the
purposes of this chapter and is a prohibited
(6) For nonconforming structures located in a structure unless it is brought into compliance
zoning district utilizing conventional building as provided herein.
setbacks, building additions/expansions are (B) Nonconforming uses. Nonconforming uses are
permitted so long as the addition is in declared by the underlying zoning district to be
compliance with all current setbacks, incompatible and are regulated to further restrict
building area and building height actions that would make the uses more
permanent in their location or expand their (e) Superseded by permitted use. Any
nonconformity. land, structure, or structure and land in
combination, in or on which a
(1) Nonconforming uses of land, structures or of nonconforming use is superseded by a
structures and land in combination. Where a permitted use, shall thereafter conform
permitted or otherwise lawful use of land or to the regulations for the district, and the
of structure and land in combination exists nonconforming use may not thereafter
which would not be permitted by subsequent be resumed.
regulations imposed by the Unified
Development Code, the use may be (f) Abandonment of use. When a
continued as long as it remains otherwise nonconforming use of land, a structure,
lawful, subject to the following provisions. or structure and land in combination is
discontinued or abandoned for six
(a) Enlargement. No use of land or an consecutive months, (except where
existing structure devoted to a use not government action impedes access to
permitted in the district in which it is the premises), the land, structure, or
located shall be enlarged, extended, structure and land in combination, shall
constructed, reconstructed, moved or not thereafter be used except in
structurally altered except in changing conformity with the regulations of the
the use of the land or structure to a use district in which it is located.
permitted in the district in which it is
located or as required by other (g) Destruction. Removal or destruction of a
ordinances. structure with a nonconforming use shall
eliminate the nonconforming status of
(b) Extending use. Any nonconforming use the land. Destruction for the purpose of
may be extended throughout any parts this subsection is defined as damage to
of the building which were manifestly an extent of more than 50% of the
arranged or designed for such use, but existing gross square feet of the
no such use shall be extended to structure.
occupy any land outside such buildings.
(2) A nonconforming use may be brought into
(c) Change of use. Any nonconforming use conformity through a rezoning action by the
of land, structure, or structure and land City Council or by Conditional Use Permit by
in combination may as a conditional use the Planning Commission, as applicable. A
be changed to another nonconforming use established unlawfully shall not be
use provided that the Planning considered a nonconforming use for the
Commission, either by general rule or by purposes of this chapter and is a prohibited
making finding in the specific case, finds use unless it is brought into compliance as
that the proposed use is equally provided herein.
appropriate or more appropriate to the
district than the existing nonconforming (C) Nonconforming Lots. Lots that do not fully meet
use. In permitting such change the the requirements of the Unified Development
Planning Commission may require Code to be considered a conforming lot for
appropriate conditions and safeguards development, and thus are considered
in accord with the provisions of the nonconforming lots, may be utilized for
Unified Development Code. development in accordance with the following
provisions:
(d) Conditional use provisions not
nonconforming uses. Any use which is (1) A proposed structure must meet all
permitted as a conditional use in a applicable building setbacks, height and lot
district under the terms of this chapter coverage requirements and other applicable
and has been approved by the Planning zoning and development codes, with the
Commission (other than a change specific exception of the reason for which the
through Planning Commission action lot is nonconforming.
from a nonconforming use to another
use not generally permitted in the (2) Such lot shall have frontage onto a public
district) shall not be deemed a street, and water and sewer shall be
nonconforming use in such district, but provided to the lot at the time of
shall be without further action development.
considered a conforming use.
(3) Such lot shall have at least 50% of the
required lot width and area of the underlying
zoning district.
(4) A nonconforming lot that does not meet the
provisions above may be brought into
conformity by way of an approved variance
from the Board of Adjustment, a rezoning
action, or by combining a lot(s) in order to
meet the standards of the underlying zoning
district. A lot that was established
unlawfully shall not be considered a legal lot
of record for the purposes of this chapter and
no building or development permit may be
granted until the lot is legally established as
provided herein.
164.13 Non Residential Uses In RSF
Districts
The following requirements apply to specific
nonresidential facilities where permitted in or abutting
an RSF District. The Planning Commission may
reduce these requirements after receiving and
reviewing a development plan under the provisions of
§166. For the uses listed, the minimum separation
shall be measured from the actual nonresidential use
or structure to the closest single-family residential
structure.
Type of Structures or Element of the Minimum
Facility Separation ft.
Outdoorspectator facilities 50 ft.
Outdoor sports area without spectator 100 ft.
facilities
Tool orequipment stora a 50 ft.
Air conditioning tower or dispenser unit 1 50 ft.
(Code 1965,App.A.,Art.7(14);Ord.No. 1747,6-29-70;
Code 1991,§160.088;Ord.No.4100,§2(Ex.A),6-16-98;
Ord.5296,12-15-09)
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/18/2011
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Sustainability and Strategic Planning
Submitted By Department
Action Required:
ADM 11-3934: (UDC CHAPTERS 164.12 AND 164.13): Submitted by CITY PLANNING STAFF. The proposal is to
amend Chapters 164.12 Nonconforming Uses and Structures and 164.13 Non Residential Uses in R Districts.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Department Di ctor Date
Original Contract Date:
�-
3,3'2)tOriginal Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City 09-30-1 1 PO 1 :4 5 R C V D
Clerk's Office
Chief o Staff Date ENT EDj
Received in 3u/
Mayor's Office
Mayr to
Comments:
Revised January 15,2009
ly, THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: September 30, 2011
Subject: ADM 11-3934 UDC 164.12 Nonconforming uses and structures & 164.13 Non Residential uses in R
Districts
RECOMMENDATION
Staff and the Planning Commission recommends approval of an ordinance amending Chapters 164.12
Nonconforming Uses and Structures and 164.13 Non Residential uses in R Districts of the Unified
Development Code.
BACKGROUND
The City of Fayetteville first began regulating nonconforming uses in 1951 with the adoption of Ordinance
1002, which "regulated and restricted the use of land and location of buildings." This same general use
restriction continued until 1970 when the city expanded these regulations and adopted a comprehensive zoning
ordinance. Article 4 of this ordinance set out regulations concerning nonconforming lots, nonconforming uses
of land, nonconforming structures, nonconforming uses of structures and premises, and nonconforming
characteristics of use. These regulations have continued almost unchanged for 40 years.
The intent of the ordinances was to allow lots, structures, and uses established prior to the zoning ordinance to
continue ("grandfather clause"), but "not to encourage their survival." This position was appropriate for
nonconforming uses. Regulating nonconforming uses was intended to, as in many urban areas around the
country, to prevent the encroachment of industrial and heavy commercial uses into residential districts, and to
regulate such uses that had already been established. However, applying this same rigid standard to
nonconforming structures has created an additional burden for property owners, and is fundamentally in conflict
with the city's current policy, which is to revitalize older neighborhoods and creatively adapt old structures for
new uses.
Staff proposes to repeal and replace all of section 164.12 Nonconforming uses and structures. These changes are
intended to reduce the number of restrictions applied to nonconforming structures. The regulations governing
nonconforming uses, or uses and land in combination will remain relatively unchanged. A new definition for
nonconforming structures, uses and lots is being provided for clarification, and a few minor changes to section
THE CITY OF FAYETTEVILLE,ARKANSAS
164.13 are also being proposed to clarify separation requirements between certain residential and nonresidential
uses.
Summary of changes:
• Revised intent. "Nonconforming structures are permitted to exist for continued and creative reuse to
contribute to the surrounding character, diversity, and services in the neighborhood until such structures
are removed."
• No limitation on building repairs and maintenance.
• Building expansions are permitted in compliance with current setbacks.
• Structures removed by fire, winds or other calamity are permitted to be reconstructed on same footprint.
• Voluntary removal requires conformance with code.
• Two or more nonconforming lots with continuous frontage (adjacency) in single ownership shall be
considered separate lots as long as each lot has at least 50% of the required lot width required by the
underlying zoning.
• Clarified separation requirements between specific nonresidential facilities and single-family zoning
districts.
DISCUSSION
On September 26, 2011 the Planning Commission voted 8-0-0 in favor of a recommendation of approval for
ADM 11-3934. Staff will present these proposed amendments to the Board of Adjustment on October 3, 2011.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE
CITY OF FAYETTEVILLE RELATED TO NONCONFORMING USES AND
STRUCTURES AND NON RESIDENTIAL USES IN R DISTRICTS.
WHEREAS, the City of Fayetteville encourages infill, historic preservation, adaptive reuse
of buildings and revitalization;and
WHEREAS,the regulations of the City of Fayetteville should encourage the survival and
creating reuse of nonconforming structures,but existing ordinances currently discourage their
survival and reuse; and
WHEREAS,the regulations of the City of Fayetteville should permit development of single-
family homes on existing lots of record to encourage reinvestment in neighborhoods and appropriate
infill development.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE,ARKANSAS:
Section 1.That the City Council of the City of Fayetteville,Arkansas hereby amends the
Unified Development Code Chapter 151: Definitions by replacing the definition for Nonconforming
use with the following term:
Nonconforming structures, uses, and lots. A structure or building,use or activity, or lot which
was lawful prior to the adoption,revision, or amendment of the zoning ordinance but that fails by
reason of such adoption, revision or amendment to conform to the present requirements of the zoning
district.
Section 2.That the City Council of the City of Fayetteville,Arkansas hereby repeals §164.12
Nonconforming Uses and Structures and §164.13 Non Residential Uses in R Districts and enacts a
replacement §164.12 and §164.13, shown as Exhibit"A"attached hereto and made a part hereof.
PASSED and APPROVED this day of ,2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasure
EXHIBIT "A"
�`���CH�k�FT�ErR�164.SUPPLEMENTARY'ZONING REG�ILATIONS y
164.01 ACCESSORY COMMERCIAL USES................................................................................................3
164.02 ACCESSORY STRUCTURES AND USES.......................................................................................3
164.03 ACCESSORY RESIDENTIAL USES IN NONRESIDENTIAL DISTRICTS......................................3
164.04 ANIMALS AND FOWL......................................................................................................................4
164.05 MOTOR VEHICLE REPAIR...............................................................................................................5
164.06 RESERVED.......................................................................................................................................5
164.07 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT OF RECORD..............5
164.08 EXTRACTION....................................................................................................................................5
164.09 FENCES,WALLS,AND VEGETATION...........................................................................................6
164.10 GARAGE SALES..............................................................................................................................6
164.11 HEIGHT OR SETBACK REGULATIONS; EXCEPTIONS................................................................6
164.12 NONCONFORMING USES AND STRUCTURES.............................................................................7
164.13 NON RESIDENTIAL USES IN R DISTRICTS...................................................................................9
164.14 PARKING AND STORAGE OF CERTAIN VEHICLES.....................................................................10
164.15 PREFABRICATED CONSTRUCTION..............................................................................................10
164.16 STRUCTURES TO HAVE ACCESS.................................................................................................10
164.17 VISIBILITY AT INTERSECTIONS IN RESIDENTIAL/NONRESIDENTIAL DISTRICTS..................11
164.18 SUPPLEMENTARY USE REGULATIONS.......................................................................................11
164.19 ACCESSORY DWELLING UNITS(ADU).........................................................................................12
164.20 APPROVAL OF VITAL MUNICIPAL FACILITIES............................................................................14
164.21 LIMITED BUSINESS.........................................................................................................................15
164.22-164.99 RESERVED............................................................................................................................15
CD164:1
EXHIBIT "A"
Fayetteville Code of Ordinances
CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS
164.12 Nonconforming Uses And requirements of the underlying zoning
Structures district, along with all other applicable zoning
It 'is the intent of this section to regulate and development ordinances:
nonconforming structures, uses or lots that are (7) For nonconforming structures located in
created when zoning designationsor regulations are zoning districts utilizing build-to zones and
created or changed such than an existing lawfully requirements for a minimum buildable street
established structure, use, or lot no longer conforms frontage, all new construction that increases
to the regulations of the Unified Development Code. It the existing building(s)footprint or volume of
is also the intent of this section to .permit habitable space by 50% or more shall
nonconformities to continue as they exist presently comply with the standards of the underlying
and guide future uses and development to be zoning district. Building additions/expansions
consist
ent with the City's planning ;policy and
regulations. that increase the existing building(s)footprint
or volume of habitable space on a.:property
(A) Nonconforming structures. by less than 50% may be located outside of
the` build-to zone, so long as they are
(1)_Nonconforming structures are permitted to compliant with all other applicable zoning
exist for 'continued and creative reuse to and development ordinances.
contribute to the surrounding character, (8) Should a nonconforming structure be moved
diversity, and services in the neighborhood for any reason for any distance whatever, it
until such structures are removed. shall thereafter conform to the regulations for
(2) Repairs to nonconforming structures or the'district in which it is located after it is
portions thereof are permitted,so long as the moved.
nonconforming portion of the structure is not (g) A structure or portion thereof within any
enlarged in volume,area or footprint. zoning district maybe altered to decrease its
(3) Reconstruction of nonconforming structures nonconformity.
or portions thereof amounting to less than (10)Owners of nonconforming; structures are
50%of the existing square feet are permitted
so long as the nonconforming portion of the encouraged keep such structures good
structure is not enlarged in volume, area or
condition byy regular maintenance and
footprint. prompt repairs when necessary. If the City's
Building Official notifies the owner of any
(4) Voluntary removal, damage or destruction of unsafe or unlawful condition of the building,
a nonconforming structure or portion thereof the owner must repair such unsafe or
amounting to 50% or more of the existing unlawful condition promptly. The Building
square feet shall require either complete Official may impose a reasonable time limit
removal of the structure or its reconstruction for the repairs to be complete.Failure of the
in conformance with existing regulations. owner to promptly and satisfactorily
complete the necessary repairs may result in
(5) Involuntary damage to or destruction of a the City Council ordering a raze and removal
nonconforming structure (from fire, winds or of the structure.
other calamity) shall permit the owner to (11)A nonconforming structure may be brought
rebuild, reconstruct or restore the structure
on the same footprint of the original structure into conformity by way f an approved
plus any addition or expansion that is variance from the Board of Adjustment, a
allowed by the underlying zoning district. rezoning action, or by altering the structure
Such reconstruction is permitted as long as it to comply with the standards
begins within 18 months of the loss and underlying zoning district. A structure
of the
constructed unlawfully shall not be
complies with all other applicable zoning,
development and building codes. considered a nonconforming structure for the
purposes of this chapter and is a prohibited
(6)r;,For nonconforming structures located in a structure unless it is brought into compliance
zoning district utilizing conventional building as provided herein.
setbacks, building additions/expansions are (B) Nonconforming uses. Nonconforming uses are
permitted so long as the addition is in declared by the underlying zoning district to be
compliance with all current setbacks, incompatible and are regulated to further restrict
building area and building height actions that would make the uses more
CD 164:2
EXHIBIT "A"
permanent in their ;location or expand their (e) ,Superseded by permitted use. Any
nonconformity. land, structure,,or structure and land in
combination, in or -on which a
(1) Nonconforming uses of land, structures or of nonconforming use is superseded by a
structures and land in combination. Where a permitted use,'shall thereafter conform
permitted or otherwise lawful use of land or to the regulations for the district,and the
of`structure and land in combination exists nonconforming use may not thereafter
which would not be permitted by subsequent be resumed.
regulations' imposed by the Unified
Development Code, the use may be (f) Abandonment of use. When a
continued as long as it remainsotherwise nonconforming use of land, a structure,
lawful,,subject to the following provisions. or structure and land in combination is
discontinued or abandoned for six
(a) Enlargement. No use of land or an consecutive months, (except where
existing structure devoted to a use,not government action impedes access to
permitted in the district in which it is the premises), the land, structure, or
located shall be enlarged, ,extended, structure and land in combination, shall
constructed, 'reconstructed, moved or not thereafter be used except in
structurally altered except in changing conformity with the regulations of the
the use of the land or structure to a use district in which it is located.
permitted in the district in which it is
located or as required by other (g) Destruction.Removal or destruction of a
ordinances.: structure with a nonconforming use shall
eliminate the nonconforming status of
(b) Extending use. Any nonconforming use the land. Destruction for the purpose of
may be extended throughout any parts this subsection is defined as damage to
of.the building which were .manifestly an extent of more than 50% of the
arranged or designed'for such use, but existing gross square feet ` of the
no such use shall be extended to structure.
occupy any land outside such buildings
(2) A nonconforming use may be brought into
(c) Change of use. Any nonconforming use conformity through,a rezoning action by the
of land, structure, or structure and land' City Council or by Conditional Use Permit by
in combination may as a conditional use the Planning Commission, as applicable. A
be changed to another nonconforming use established unlawfully shall not be
use ;provided that the Planning considered a nonconforming use for the
Commission,either by general rule or by purposes of this chapter and is a prohibited
making finding in the specific case,finds use unless it is brought into compliance as
that :the proposed use is equally provided herein.
appropriate or more appropriate to the
district than the existing nonconforming (C) Nonconforming Lots. Lots that do not fully meet
use. in permitting such change the the requirements of the Unified Development
Planning Commission 'may require Code to be considered a conforming lot for
appropriate conditions and safeguards development, and thus are considered
in accord with the provisions of the nonconforming lots, may be utilized for
Unified Development Code. development in accordance with the following
provisions:
(d) Conditional use provisions not
nonconforming uses. Any use which is (1) A proposed structure must meet all
permitted as a conditional use in a applicable building setbacks, height and lot
district under the terms of this chapter coverage requirements and other applicable
and has been approved by the Planning zoning and development codes, with the
Commission (other than a change specific exception of the reason for which the
through Planning Commission action lot is nonconforming.
from a nonconforming use to another
use not generally permitted in the (2) Such lot shall have frontage onto 'a public
district)`_ shall not be deemed a street, and water and sewer shall be
nonconforming use in such district, but provided to the lot at the time of
shall be without further action development.
considered a conforming use.
EXHIBIT "A"
Fayetteville Code of Ordinances
(3) Such lot shall have at ,least 50% of the
required lot width and area of the underlying (Code 1965,App.A.,Art.7(14);Ord.No.1747,6-29-70;
zoning district. Code 1991,§160.088;Ord.No.4100,§2(Ex.A),6-16-98;
Ord.5296,12-15-09)
(4) Anonconforming lot that does not meet the
provisions above may be brought into
conformity by way of an approved variance
from the-Board of Adjustment, a rezoning
action, or by combining a lot(s) in order to
meet the standards of the,underlying zoning
district. A lot that was established
unlawfully shall not be considered a legal lot
of record for the purposes of this chapter and
no building or development,permit may be
granted'until the lot is legally established as
provided herein.
164.13 Non Residential Uses In RSF
Districts
The following requirements apply to charitable,
specific nonresidential
facilities where permitted in or abutting an RSF
District. The Planning Commission may reduce these
requirements after receiving and reviewing a
development plan under the provisions of §166.
shall be as lelle1^•gs For the uses listed, the minimum
separation shall be measured from the actual
nonresidential use or structure to the closest single-
family residential structure.
Type of Structures or Element of the Minimum
Facility Separation ft.)
Outdoor FaGilky-GFUs494
a 8041-
€Atranse driveway 20-#-
744.
290-#-
Outdoor spectator facilities 50 ft.
Outdoor sports area without spectator 100 ft.
facilities
Tool or equipment storage 299 50 ft.
Air conditioning tower or dispenser unit 50 ft.
mere than 1,200 square feet,game
beverages are served,SpeGtate
If f6illy air GgRditiGROGI 100 ft-
If not fully air_GgRdifinnorl 2444-
Buildirig of a general hospital or
50 ft
Building of a 299 ft
All Othpr Fanolmima
If fUlly air Ge-difiAPI.Ad
If ROt fully air GGRd#iGne4
CD 164:4