HomeMy WebLinkAboutOrd1977-436
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 436
AN ORDINANCE ESTABLISHING A ZONING PLAN FOR THE
CITY OF SEWARD, ALASKA.
THE CITY OF SEWARD, ALASKA, ORDAINS:
Section 1. A new Chapter 23 of the Code of the City
of Seward, Alaska is hereby established which shall be in the
substance and form of the attached ordinance which is incor-
porated herein by reference. Such ordinance shall be contingent
upon approval of the Kenai Peninsula Borough.
Section 2. This ordinance takes effect ten days
after the enactment hereof.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, this 13th day of June ,1977.
CITY OF SEWARD, ALASKA
~~ ~:~(,,<>4 /
Mayor
First Readi.ng:
Second Reading:
Adoption:
Ayes:
Nops:
Absent:
April 2S, 1977
May 9, 1977
June 13, 1977
Gillespie, Hug1i,
None
Matt
Neve' ,
01daw and Vincent
Attest:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL AND BRUNDIN
Attorneys for the City of
Seward, Alaska
~...~~
Ranald H. Jarrell
~ < C--J/,~
J Anne E. Shanley
City Clerk-Treasurer
(City Seal)
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21. 01
21. 05
21. 08
21.10
21. 20
21. 26
21. 28
21. 30
21. 32
21. 34
21.36
21. 38
21. 40
21.42
21. 44
21. 46
CHAPTER 21
ZONING
TITLE AND PURPOSE
DEFINITIONS
GENERAL PROVISIONS
ZONING DISTRICTS AND MAPS
ZONING DISTRICT REGULATIONS
NONCONFORfiIITY
CONDITIONAL USE PERMITS
VARIANCES
ADMINISTRATION AND ENFORCEMENT
BOROUGH PLANNING COMMISSION
SEWARD ADVISORY PLANNING COMMISSION
BOARD OF ADJUSTMENT
PUBLIC HEARINGS AND NOTICE
AMENDMENT PROCEDURES
FEE SCHEDULE
LEGAL PROVISIONS
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21.01
TITLE AND PURPOSE
21.01.05 Title. This Title shall be known and cited as the "Seward
Zoning Ordinance."
21.01.10 Purpose. The ultimate purpose of this Title is to protect
and enhance the public health, safety and general welfare.
21.05
DEFINITIONS
21.05.05 Definitions. In this section, unless otherwise provided or
the context otherwise requires:
(1) "Accessory building or use" means a use or structure on
the same lot with and of a nature customarily incidental
and subordinate to the principal use or structure.
(2) "Dwelling groups" means a group of two or more, detached
or semi-detached one family, two family, or multi family
dwellings occupying a parcel of land, in one ownership
ar.J having any yard or court in common, but not including
motels and hotels.
(3) "Home occupation" means any use customarily conducted
entirely within a dwelling and carried on by the occupants
thereof, which use is clearly inc;.Ldental and secondary to
the use of the dwelling for dwelling purposes and does not
change the character thereof, and in connection with which
there is no exterior sign, no display of stock in trade, no
outside storage of materials or equipment, no commodity
sold upon the premises and not more than two persons are
engaged in such occupation.
(4) "Off street parking space" means a parking space with
independent access, not included within established front
yard set back.
(5) "Planned unit development" means a group or combination of
certain specified residential, commercial, or industrial uses
developed as a functional and integral unit in a district
where some or all the uses might not otherwise be permitted.
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21. 08
GENERAL PROVIS IONS
21.08.05 Com2!iauce.
(a) Except as hereinafter provided, all land and structures within the
City of Se'..ard shall be constructed, used, occupied or altered in
conformance ,rith the requirements of the zoning district in which
they are located
21.08.10 Unlisted Uses.
(a) Unlisted uses may b,~ allOHed within a district, upon written decision
by the Seward Adyisory Planning Commission providing that the un-
listed uses meets all of the following conditions:
(1) The use is not specifically permitted in any other
district.
(2) The use is no~more appropriate in another district;
and
(3) The use is consistent with the purpose of the district
in question; and is similar to other uses permitted
outright.
21.10
ZONING DISTRICTS AND }UWS
21.10.05 Zoning }bp.
(a) The official Seward zoning map shall be kept in the borough offices.
That map is hereby adopted by reference and declared to be part of
this ordinance in the exact form as it exists on the date this
ordinance is adopted or amended by the borough 'assembly.
(b) If the zoning map becomes lost or damaged the map or significant
parts thereof remaining after partial destruction shall be preserved.
The borough assembly may by ordinance adopt a new zoning map which
shall be consistent with and supersede the old zoning map.
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21.20
DISTRICT REGULATIONS
21.20.05 Intent. All lots, structures, and uses within the Seward
City Limits shall conform to the applicable district purposes as defined
in Sections 21.20.02 through 21.20.07 plus shall conform to applicable
district regulations as enumerated in Tables 21.20.08 and 21.20.09 plus
shall conform to the supplementary regulations as listed in Section 21.20.10.
2~20.1~ Regulations for "Rl" One Family Residential District. The
Rl District is intended to be used for urban, single faulily homes and
the appurtenant community services, and to encourage a suitable environ-
ment for family life.
21.20.15 Regulations for "R2" 'fl;vo falD}l:y.-B-e~~~lential Distr:h.cts. The
R2 District is intended to stabilize, protect and encourage a suitable
environment for medium density multi-family residential living.
21.20. 20 Regulat~ons for -"R31~ Multi-family -Besidcptial Districts '_ The
R3 District is intended to stabilize, protect and encourag2 a suitable
environment for high density, multi-family residential living.
21.20.25 Regulations for CL Limited Commercial. The CL District is
intended to provide an area for convenience shopping facilities for
surrounding neighborhood areas. It is also established as a district
in which the principal use of land is for establishments offering accom-
modations, supplies, or services to motorists,
21.20.30 Regulations for CG General Commercial Districts. The CG District
is designed to protect and enhance central business district cores for
efficient performance of its primary function as an urban center for retail,
commercial, financial; and service facilities, and to discourage uses not
requiring a prime central location.
21.20.35 Regulations for "I" Industrial Districts. The I District is
intended primarily for industrial and transport operations, including sea
transportation and commerce. The intent is to reserve such areas for
appropriate industries which can function in no other location.
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21.20.40 Regulations_for '~~yubli~ Djstricts. P Districts are
intended to include major open lands and land reserves and major
public and quasi public institutional uses and structures under the
management or control of the public or quasi public agency.
21. 20.45
See Table.
21.20.50
See Table.
21.20.55
Supplementary Regulations.
(a) Parking
(b) Signs
Permanent signs must conform to all requirements of this
ordinance including building permit requirements and set-
back requirements of Table 21.20.45.
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(c) l'lanned Unit Developments (PUD)
Conditional Use Permits for a PUD may be issued in accordance
",ith Section 21.28 by the Seward Advisory Planning Commission
provided all of the following conditions are met:
(1) An application is filed \vith the city clerk accompanied by
a total development plan; and
(2) The PUD is consistent with Sections 21.01.10
the purpose of the zoning district, and City Comprehensive
Planes) and,
(3) The penult shall alloY! a ruaximum term of one year- to corclmen<~e
(;onstruction and shall require the postir,g of a performance
b0nd suitable to t.he Advisory Planning Coramission.
(d) Fences
FeD(Oes in any "R" disLrir:t shall not exceed six feet in height.
(e) Visibility at intersections
Nothing may be erected in 3r,.y "R" district that impedes
visibility at any intersection beyond a 25 foot radius inscribed
within the corner lot.
(f) Irregular lot shapes
lfhere irregular lot shapes prevent detennination of compliance
with Table 21.20.50, the Seward Advisory Planning Commission
shall make determinations as ne~essary for administration of this
ordinance.
(g) Tidelands
Tide and submerged lands which are not included within any zoning
district shall be subject to the regulations of the contiguous
district(s).
(h) Residential Uses/Non-residential Districts
Exclusively residential uses permitted in non-residential districts
are subject to the same lot area, building height and setback
requirements governing the residential use area.
(i) Adjoining District Setbacks
w~ere two or more districts are adjoining and are not separated by
a dedicated public street or alley, the building setbacks along
the contiguous side(s) shall be equal or greater tl\an the more
restrictive of the districts.
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21. 26
NON CON FOR.'11 TY
21.26.05 Intent. \1hen any land, structure, use, or occupancy legally
exists prior to the adoption of this ordinance but does not meet the
requirements of this ordinance it shall be conaidered a nonconforming
lot, structure or use. Except as provided in this ordinance nonconfor-
mities may continue until they are removed.
21.26.10 Nonconforming Lots. Each lot greater than 4500 square feet
of record at the time of adoption of this ordinance IDay be developed in
conformity with all other provisions of this ordinance even though such
lot fails to meet the minimum area or width requirements.
21.26.15 Nonconforming Structures. Nonconforming structures are
subject to the following restrictions:
(1) No such structure may be enlarged or altered in a way
which increases its nonconformity and,
(2) Repairs and/or replacement of structural parts shall not
exceed 50% unless said repairs or replacement is in
conformity with all other provisions of this ordinance.
21.26.20 Nonconforming Uses.
following provisions:
Nonconforming uses are subject to the
(1) Structures shall not be altered except as permitted in
this ordinance.
(2) Nonconforming uses shall not be extended to occupy any
land outside nonconforming structure.
(3) When a nonconforming use is discontinued for one year
the use shall not thereafter be permitted except in
conformance with the regulations of this ordinance.
(4) Destruction of a nonconforming structure shall eliminate
nonconformity privileges.
(5) The nonconformity shall not be IDoved to any other portion
of the lot or the parcel.
c.
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21.26:J.221imination of Nonconforming LO_LS, Stru-'-~llL<CE_and T,!ses. If it
is detenr.ined that a nonconforming lot strncture <.'1' use, or combination
thereof, significantly Lmpairs the public health, safety and general welfare
or the rights of neighboring property owners pursuant to this ordinance,
the borough assembly shall by ordinance establish a reasonable schedule for
the termination of the nonconformity.
21. 28
CONDITIONAL USE PEID1ITS
21.28.05 Intent. It is the intent of this section to provide the flexi-
bility necessary to permit a use within a district under conditions ",hich
are. specified in addition to regulations applying to uses permitted outright
within the district.
21. 28.10 General Condit ions. Pr ior to granting a use permit it shall be
('stablish~-(r that the- use satisfies the follOldng conditions:
(1) The use is consistent ",itbtile purpose of this ordinance
and the purpose of t.he zoning district.
(2) The value of the adjoining property will not be signifi-
cantly imp~ired.
(3) The proposed use is in harmony with the community plan.
(4) Public services and facilities are adequate to serve the
proposed use.
(5) A more suitable location for the use is not readily a~ail-
able.
(6) Any and all specific conditions deemed necessary by the
Advisory Planning Commission to fulfill the above mentioned
conditions shall be ~et by the applicant.
21.28.15 Application for Conditional Use Permits.
conditional use permit shall be filed with the city
shall include but is not limited to the following:
Application for a
clerk. The application
(1) Name and address of the party seeking the permit, and
(2) A legal description of the land, and
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21. 28.15 Contcl.
(3) A description of the proposed use including a dimensioned
plot plan, and
(4) The appropriate fee. (Section 21.44, this ordinance.)
21.28.20
Procedures.
(a) If the application is in order the city clerk shall schedule a
public hearing and notice the proposal as specified in Section
21.40 of this ordinance.
(b) Approval shall be contingent upon the concurring majority vote
of the Seward Advisory Planning Commission.
21.28.25
the Se\vard
permit.
Time Limitations. Failure to llleet any time limits imposed -by
Advisory Planning Commission shall void the conditional use
21.28.30
Appeals.
(a) Appeals from the Seward Advisory Commission are heard by the Borough
Planning Commission as specified in Section 21.36 of this ordinance.
(b) Appeals from the Borough Planning Commission decision are heard by
the Seward City Council as prescribed in Section 21.38 of this ordinance.
21.30
VARIANCES
21.30.05 Intent. A variance may be granted to provide relief when a
literal enforcement of this ordinance would unreasonably deprive a
property owner of privileges.
21.30.10 Conditions Precedent to Granting a Variance.
(a) All of the following conditions shall exist before a variance may
be granted:
(1) The proposed action must be consistent with all of the
general conditions required for a Conditional Use Permit
(Section 21.28.10).
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21.30.10 Contd.
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(2) Special conditions and circumstances exist \'lhich are
peculiar to the land or structures involved and which
are not applicable to other lands and structures in
the same district.
(3) The special conditions and circumstances have not been
caused by actions of the appJIcant
(b) Financial hardship or inconvenience shall not be reason for granting
a variance.
(c) Other nonconforming land use or structures within the district shall
not be considered grounds for granting a variance.
(d) A variance shall be the minimum variance necessary to permit the
reasonable use of the land or structure.
21.30.15 Application for a Variance. Application for a variance shall
be filed with the city clerk. The application shall include but is not
limited to the follmdng:
(1) All of the information required for a conditional use permit,
and
(2) A precise description of the variance requested, including
the section, paragraph, and sentence of this ordinance from
which the applicant wishes to deviate, and
(3) A \}ritten item by item response to all of the conditions
specified in Section 21.30.10.
21.30.20 Procedures, Time Limitations and Ap~als. Procedures, time
limitations and appeals shall be tDe same a;-fo~Conditional Use Permit~
Section 21. 28.
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ADMINIsTRATION AND ENFO~CEMENT
21.32.05 Administrative Official.
(a) 'The Seward City Manager shall be the Administrative Official relating
to all actions taken by the Seward Advisory Planning Commission.
(b) The Borough Planning Director is the Administrative Official relating
to all actions taken by the Borough Planning Commission.
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~~32~l9__Duties _of _~~e_B{)roug!1_PlanE-~E-~ Directo~ Administration and
enforcem~nt responsibilities of the Planning Director include, but are
not limited to the following:
(1) Interpreting and enforcing this ordinance, and
(2) Maintaining records of all activity related to this
ordinance, and
(3) Processing appeals consistent with Section 21.34 of this
ordinance.
21.32.15 Duties of the City }lanager. The City Manager or his appointed
staff shall be responsible for:
(1) Interpreting and enforcing this ordinance,and
(2) Maintaining records of all activity related to this ordinance.
21.32.20 Procedures for Abating Violations.
(a) If a violation is discovered the city manager or his appointed staff
shall notify in writing via certified mail the person responsible for
said violation. The letter shall specify the violation and order
abatement vii thin a reasonable peTiod of time not to exceed 90 days.
(b) If a violation is not corrected within the aforementioned Teasonable
time the city manager shall notify the borough attorney. The borough
attorney may initiate any crimi.nal or civil action required to abate
the violation.
(c) Any party aggrieved by the enforcement of this ordinance or the lack
of such enforcement may appeal to the appropriate board of adjustment
as provided in Chapter 21.38.
21.34
BOROUGH PLANNING COHHISSION
21.34.10 Borough Planning Commission Responsibilities.
(a) The Borough Planning Commission shall:
(1) Interpret the provisions of this ordinance and make
zoning compliance determinations \vhen requested by
the city manager.
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21. ]If . 10 Con td .
(2) Hear and act upon appeals as provided in this
ordinance.
(3) Prepare and recommend zoning ordinance amendments.
21.l4..:l.~_ ApP..::':!c1s fr'-'.:~Se\v,,-~d Advis()D'..J'].annin?,-~ElUmi~[1L'?_12 Act~;~~. All
procedures applicable to the particular action being appealed shall be
followed by the Borough Planning Commission when hearing and deciding an
appeal from the Seward Advisory Planning Commission decision.
21. 36
SE\.'ARD ADVISORY PLANt~IlJG (;UMHISSION
21. 36.10 Advisory Planning-SE.!1lmission,_ The Sews-rd Advisory Planning
Com:rnission shall be established and governed as specified in the Seward
City Code,
21. 38
BOARD OF ADJllSTHENT
.?-1. 3~. 10 Board of Adj ustment Established, The Se\vard City Council is
hereby declared tv be the Board of Adjustment.
21.38.15 Powers and Dutie~. The Board of Adjustment shall hear and
decide appeals consistent with the other sections of this ordinance.
21.38.20 Procedures. Appeals heard by the Board of Adjustment shall be
consistent ",ith the rules and regulations governi.ng city council activity
as specified in the Seward City Code.
21. 38. 25
Application Procedures.
(a) Application for an appeal shall be filed ",ith the Seward City Clerk.
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21.33.25 Contd.
(b) Applications shall be written and shall contain but are not limited
to the following:
(l) All infomation submit ted with the original application.
(2) The reason for the appeal.
21.38.30 Judicial Review. Appeals from the Board shall be to the
Superior Court. The Board shall be notified by the appellant when the
appeal is filed.
21.40
PUBLIC HEARINGS AND NOTICE
21.40.05 Purpose. It is the purpose of this section to insure proper
notification and public hearing prior to action as required hy other
Sections within this ordinance.
21.40.10
Public Hearing Procedures.
(a) Notice of the public hearing shall be published at least twice in
the paper of general circulation within the borough or city. The
notice shall be published during the calendar week prior to the
public hearing date, and a month prior to the hearing date.
(b) The notice shall contain at least the following information:
(1) A brief description of the proposal on which the
public body is to act.
(2) A legal and common description of the property
involved.
(3) Date, time and place of tqe public hearing.
(4) Person and place to contact for more detailed
information.
(c) Decorum of the body holding the hearing shall prevail.
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.?l~~Q.:..lL_~?tHiciJtio~of N_ej),hb,:n.~E>~ Prc2.PLct)' cr.'l!1~rs._ A copy of the
aforementioned newspaper notification shall be n~iled to real property
owners on record on the Borough Assessor' s reeords \~ithin a 300 foot
periphery of the parcel affected by the proposed action.
21. L.2
AHENDaENT PROCEDURES
21.1.2.05 Initiation o( Zoning O;:dinance knen~ments.
(a) Zoning Ordinance Amendments may be initiated by:
(1) The Borough Assembly.
(2) The Borough Planning Commission.
(3) The Seward City Council.
(4) The Seward Advisory Planning Comlnission.
(b) Any person not listed in (a) above may request a zoning ordinance
amendment subject to the follO\~ing conditions:
(1) A zoning map amendment may be requested only
by petition from a majority of the property
owners in the area concerned.
(2) An amendment to the ordinance text may be
requested by a petition bearing the signatures of
50 voters registered within the city.
21. 42.10 Amendment Pro~ec!ure. Any valid requeBt to initiate a zoning
ordinance .:menc1ment shall be subrr.itted to the Borough Planning Commissioner.
The Commissioner shall arrange, notice and schedule public hearings as
fo1lo1ils:
(1) A public hearing shall be held by the Seward Advisory
Planning CO!Il1llission on the Pl:oposccl amendment in accor-
dance with Section 21.40 of this ordinance. After the
public hearing, the advisory planning commission shall
send their .n:itten recommendations t:o the Borough
Planning Commission along with all minutes and public
records relating to the proposed amendment.
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21.42.10 Contd.
(2) A public hearing shall be held on the proposed amendment
by the Borough Planning Commission in accordance with
Section 21.40 of this ordinance. After the public hearing,
the Borough Planning Commission shall send their written
reco~~endations to the Borough Assembly along with all
minutes and public records relating to the proposed amend-
ment.
(3) A public hearing shall be held by the Borough Assembly on
the proposed amendment in accordance with Section 21.40
of this ordinance. The Borough Assembly decision is final.
21.42.15 Amendment Restrictions.
(a) Except for the extension of existing district boundaries, no change
to the zoning map shall be considered which contains an area less
~ ? than 40,000 square feet not including street or alley rights-of-way.
(b) Any proposed amendment to the zoning ordinance which is substantially
the same as any other proposed amendment submitted within the previous
nine months and which was rejected shall not be considered.
21.44
FEE SCHEDULE
21.44.10 Purpose. The purpsoe of this Section is to establish a fee
schedule which will cover a significant portion of the administration
costs associated with processing applications for action covered by this
Title.
21.44.15 Fee Schedule Relating to Borough Matters. 'The fee schedule
shall be established by resolution of the Borough Planning Commission.
21.44.20 Fee Schedule Relating to City Administration. The fee schedule
shall be established by resolution of the Seward City Council.
21.46
LEGAL PROVISIONS
21.46.10 Severability. Should any word, phrase, paragraph, subsection,
section or other part of this ordinance be found, by a court of competent
jurisdiction, to be invalid, such finding shall not affect the validity of
this ordinance as a whole or any part thereof other than the part found to
be invalid.
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TABLE __.20.45
"Permits" refer to Conditional
Use Permits per Section 21.28.
Accessory Buildings consistent w/district
Agencies: Rental, Travel, Employment
Animal Hospitals
Businesses serving food or beverages
Churches, Mortuaries, Funeral Services
Cowmercial & Industrial Transportation Facilities
Drive-In Restaurants
Dwellings:
One Family Dwelling
Two Family D\Jellings
Multi-family;up to 4 units
Multi-family;more than 4 units, incl. dwelling groups
Specialized Dwelling Concepts (to\YTI houses,etc.)
Fraternal Organizations
Ga30line Service Stations
Governmental Buildings
Home Occupations
Hospitals
Indoor Exhibits & Auditoriums
Indoor Recreation
Industry Manufacturing
Laundry & Dry Cleaning Establishments
Marine-Related Facilities
Mineral & Natural Resource Development Facilities
Mobile Home Parks
Mobile Home Sales
Offices, Business & Professional, except medical
Offices, Medical
Off-street Parking Lots
Public Land Uses, Cemeteries, Landfill, Land Reserves
Public Land Use, Recreational
Public Transportation Terminals
Public Works Installations
Schools, Public
Schools, Non-Public
Service Businesses w/storage yards
Shops, Stores, Financial Institutions
Studios
Theaters (Drive-Ins)
Tran3ient Housing
Vehicle Sales & Service
Warehouses
USES PERNITTED
o = Outright
P = By Permit
Rl R2 R3 CL CG I
o 0
o 0
o
o
o
P P
P
o
P 0
p
P
o 0
o
o
o
p P
P
P 0
.0
o
P
000
P P
o 0
o 0
o 0
P P
o
P 0 0
P 0 0
o
P P P
P P
P P
P P P
P P
P P
P P P
o 0
o 0
P
o 0
o P
P P 0
p p p
p p p
p
p
o 0
o
o
o
P
o
p
P
o
o
o
o
o
o
P
p
p
P
P
p
P
P
OFF-STREET
P Ar..J{Ic;C
REQUIRED
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TABLE 21. 20.50 Rl R2 R3 CL CG I P
}UlKI}ruM BUILDING 30 30 45 45 45 50 None
OVERALL HEIGHT (ft. )
I
1500 per I
}ITNlMUM LOT AREA 6,000 6,000 avg.no.of 6,000 None 6,000 None
(sq.ft.) units per
floor.
MINIMUM LOT WIDTH 60 60 60 None None None None
(ft.)
MINIMUM FRONT YARD 20 20 10 10 None None None
(ft.) I
MINIMUM SIDE YARD
(ft. ) 5 5 5 5 None None None
(Adjacent lots)
MINIMUM SIDE YARD
(ft. ) 10 . 10 10 ' 10 None None I None
(Side street)
MINIMUM REAR YARD
(ft. ) 10 10 10 5 None None None
P.AXIMUM ACCESSORY
20 , 20 20 45 50 None
BUILDING HEIGHT 20 I
(ft.)
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