APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\CHAPTER 8. GENERAL PROVISIONS

CHAPTER 8. GENERAL PROVISIONS

801.1         General. There shall be provided at the time of erection of any main building or at the time such buildings are altered, enlarged, converted or increased in capacity minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the requirements of this code.

801.2         Parking space requirements. Parking spaces shall be in accordance with Sections 801.2.1 through 801.2.3.

801.2.1      Required number. The off-street parking spaces required for each use permitted by this code shall not be less than that found in Table 801.2.1, provided that any fractional parking space be computed as a whole space.

TABLE 801.2.1

OFF-STREET PARKING SCHEDULE

USE

NUMBER OF PARKING SPACES REQUIRED

Assembly

1 per 300 gross square feet

Dwelling

2 per dwelling unit

Health club

1 per 100 gross square feet

Hotel/motel

1 per guestroom plus 1 per

500 square feet of common

Nursing Home

1 per 5 residents plus 1 per day shift staff member

Industry

1 per 500 square feet

Medical

1 per 200 gross square feet

Office

1 per 300 gross square feet

Restaurant

1 per 100 gross square feet

Retail

1 per 200 gross square feet

School

1 per 3.5 seats in

assembly rooms plus 1

Warehouse

1 per 500 gross square feet

For SI: 1 square foot = 0.0929 m2.

801.2.2      Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use.

801.2.3      Location of lot. The parking spaces required by this code shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot not more than 500 feet (152 m) radially from the subject lot within the same or less-restrictive zoning district.

801.2.4      Accessible spaces. Accessible parking spaces and passenger loading zones shall be provided in accordance with the building code. Passenger loading zones shall be designed and constructed in accordance with ICC A117.1.

801.3         Parking stall dimension. Parking stall dimensions shall be in accordance with Sections 801.3.1 and 801.3.2.

801.3.1      Width. A minimum width of 9 feet shall be provided for each parking stall.

Exceptions:

1.    Compact parking stalls shall be permitted to be 8 feet wide.

2.    Parallel parking stalls shall be permitted to be 8 feet wide.

3.    The width of a parking stall shall be increased 10 inches for obstructions located on either side of the stall within 14 feet of the access aisle.

4.    Accessible parking spaces shall be designed in accordance with ICC A117.1.

801.3.2      Length. A minimum length of 20 feet shall be provided for each parking stall.

Exceptions:

1.    Compact parking stalls shall be permitted to be 18 feet in length.

2.    Parallel parking stalls shall be a minimum 22 feet in length.

801.4         Design of parking facilities. The design of parking facilities shall be in accordance with Sections 801.4.1 through 801.4.7.

801.4.1      Driveway width. Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:

1.    Private driveways at least 9 feet.

2.    Commercial driveways:

A.    Twelve feet for one-way enter/exit.

B.    Twenty-four feet for two-way enter/ exit.

801.4.2      Driveway and ramp slopes. The maximum slope of any driveway or ramp shall not exceed 20 percent. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the code official and the jurisdiction’s engineer.

801.4.3      Stall access. Each required parking stall shall be individually and easily accessed. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall when such stall serves more than two dwelling units or other than residential uses. All portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street.

801.4.4      Compact-to-standard stall ratio. The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed 1 to 2.

801.4.5      Screening. A 3-foot-high (914 mm) buffer at the public way shall be provided for all parking areas of five or more parking spaces.

801.4.6      Striping. All parking stalls shall be striped.

Exception: A private garage or parking area for the exclusive use of a single-family dwelling.

801.4.7      Lighting. All lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.

801.4.8      Paving, Slope and Drainage. All parking lots and driveways shall be surfaced with a minimum thickness of 2 inches of asphalt, concrete or other suitable material, over a minimum thickness of four inches of an aggregate base material. Parking lots shall be designed to facilitate proper drainage and shall not drain over any sidewalk, driveway or adjacent property.

802.1         Fences and retaining walls. Shall conform to the following requirements:

1.     A permit shall be required whenever erecting a new fence or retaining wall, extending an existing fence or wall, replacing a wall with a different kind of material or replacing more than 50% of an existing fence within the city within a five (5) year period.

2.     A fence permit application must be completed in full and submitted to the Building Inspector. The information provided should be in compliance with the requirements of Section 802.2 of the Zoning Regulation as summarized below.

3.     The application will be reviewed in three to five business days. The applicant will be notified by telephone when the application has been approved and can be picked up, or if additional information is needed.

802.2         Fence requirements.

802.2.1      General.

1.     A property line survey and variance shall be required when construction of the fence is to be closer to the property line than the setback requirement.

Exception: When the side yard property line is known by a survey, the presence of boundary monuments, or a registered legal document describing the actual property line, the requirement for a side yard set-back variance may be waived by the Zoning Administrator. This exception applies only to side yards.

2.     A call to Kansas One Call (1-800-DIG-SAFE) shall be required prior to digging any post holes.

3.     Fences shall be constructed of normal fencing materials such as synthetic wood, plastic (vinyl or PVC), chain link, wood, wrought iron, etc. Electric and barbed wire fences are prohibited. T-posts, chicken wire, agricultural wire fences, electric, and barbed wire fences are prohibited. Certain wire fencing material may be permitted by the Zoning Administrator if suitable with the aesthetics of the neighborhood and framed with appropriate split rail fencing. Snow fence, orange construction fencing, and other temporary fencing materials are prohibited.

4.     Security fences (maximum 8 feet high) are permitted in business, commercial and industrial districts.

5.     Placement of the fence shall not be permitted in the public right-of- way and shall not encroach into the sight triangle.

802.2.2      Front yard:

1.     The fence shall comply with the twenty-five (25) foot front yard setback.

2.     Fences may be placed or extended even with the front edge of the principal structure even if the principal structure does not comply with the twenty-five (25) foot setback.

3.     The maximum height of the fence in a front yard shall not exceed four (4) feet, unless said fence is even with the front edge of the principal structure, in which case the maximum fence height shall not exceed eight (8) feet.

4.     Corner lots are considered to have two (2) front yards.

802.2.3      Side yard:

1.     The maximum height of the fence shall not exceed eight (8) feet.

2.     The fence shall not be placed closer to the side yard property line than the required five (5) foot setback, unless the fence is placed even with the edge of a structure that is within the setback.

802.2.4      Rear yard:

1.    The maximum height of the fence shall not exceed eight (8) feet.

2.    The fence shall not be placed closer to the rear yard property line than the required ten (10) foot setback, unless the fence is placed even with the edge of a structure that is within the setback.

803.1         General. Accessory buildings shall occupy the same lot as the main use or building. All accessory buildings shall be in the rear yard or side yard.

803.2         Separation from main building. All accessory buildings shall be separated from the main building by 5 feet, eve to eve.

803.3         Private garages. An accessory building used as a private garage shall be permitted to be located in the rear yard or side yard provided that setbacks are maintained and the structures do not encroach into any recorded easements.

803.4         Storage buildings. All accessory buildings used for storage or other similar use shall be permitted to be located in any portion of the rear yard or side yard. No storage building shall be located in the front yard.

803.5         Shipping Containers. Shipping containers, semi-trailers, and railcars as storage buildings are prohibited. Shipping containers are not considered accessory buildings and are prohibited from being parked, stored, or utilized in all Zoning Districts except I-1 and I-2. Shipping containers may be parked, stored, or utilized in the C-2 Zoning District with a Conditional Use Permit.

SECTION 804 RECREATIONAL VEHICLES AND EQUIPMENT

804.1         General.

(a)   Recreational vehicles (including, but not limited to, motor homes, travel trailers, camper trailers, pickup truck campers, hauling trailers, and camper buses) and major recreational equipment such as boats and personal watercrafts shall not be stored in a residential district except within an enclosed building, behind the principal structure, or in the side yard when located back of the front setback line.

(b)   When property configuration will not permit full compliance between March 31 and October 31 of each year such recreational vehicles and equipment may be stored on the street in front of the owner’s or occupant’s home or on the owner’s or occupant’s driveway.

(c)   No such recreational vehicles and equipment shall be utilized for living, sleeping or housekeeping purposes when parked on a residential lot or in any location not approved for such use.

SECTION 805 LANDSCAPING REQUIREMENTS

805.1         General. Landscaping is required for all new buildings and additions over 500 square feet as defined in this section. Said landscaping shall be completed within one (1) year from the date of occupancy of the building.

805.2         Front yards. Front yards required by this code shall be completely landscaped, except for those areas occupied by access driveways, walls and structures.

805.3         Street-side side yards. All flanking street-side side yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, paved walks, walls and structures.

805.4         Maintenance. All live landscaping required by this code shall be properly maintained. All dead or dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and irrigated on a regular basis.

806.1         General. Loading spaces shall be provided on the same lot for every building in the Commercial or Industrial zones. No loading space is required if prevented by an existing lawful building. The code official shall be authorized to waive this requirement on unusual lots.

806.2         Size. Each loading space shall have a clear height of 14 feet and shall be directly accessible through a usable door not less than 3 feet in width and 6 feet, 8 inches high. The minimum area of a loading space shall be 400 square feet and the minimum dimensions shall be 20 feet long and 10 feet deep.

807.1         Sight triangle. This is an area at an intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede the vision of approaching motorists. This area shall be determined by an imaginary line drawn from one specific point to another, which points are located by a predetermined measurement. Any items being erected, placed, or allowed to grow within the established sight triangle shall do so under the following definitions and guidelines:

1.     Controlled Intersection: an intersection where a device such as a sign, light or crossing guard will cause traffic to come to a complete stop before proceeding into the intersection.

2.     Controlled Intersection Side: the side of the intersection at which a motorist is required to come to a complete stop.

3.     Extended Curb Line: the point at which the two perpendicular curb lines on the same corner of an intersection would meet if they intersected at a right angle.

4.     Intersection: any place where two (2) or more roads, streets, etc. (excluding alleys) meet, creating a corner.

5.     Non-Residential Street: a road, street, highway, or any other avenue on which the legal speed limit exceeds thirty (30) miles per hour.

6.     Uncontrolled Intersection: an intersection, regardless of signage, at which a motorist is not required by law to come to a complete stop before proceeding into the intersection.

7.     Uncontrolled Intersection Side: the side of the intersection through which a motorist is legally allowed to proceed without stopping.

807.2.1      Sight Triangle Guidelines:

1.     The sight triangle shall be measured from an imaginary line extending from the intersection curb line in both directions of that specific curb line. Each corner of the intersection shall be treated individually in this measurement.

2.     The controlled intersection side of the intersection shall have a sight triangle measurement of thirty-five (35) feet from the extended curb line.

3.     The uncontrolled intersection side of the intersection shall have a sight triangle measurement of sixty (60) feet from the extended curb line.

4.     A non-residential street sight triangle measurement shall be thirty- five (35) feet on the controlled side of the intersection, and seventy- five (75) feet on the uncontrolled side of the intersection,

5.     Items which are erected, placed, planted or allowed to grow within the established sight triangle shall not be more than forty (40) inches in height measured from a point at the bottom of the curb; nor shall any item fall below a height of ten (10) feet.

807.3         Legal Non-Conforming Uses: Any natural topography or man-made structure, excluding all bushes, trees or plants, that exist at the time of adoption of this ordinance will be exempted from the sight triangle regulations. However, if such topography or structure is deemed a threat to the public health, safety or welfare, it may be abated as a public nuisance.

807.4         Removal: Upon notification, a property owner will have 45 days to remove or otherwise correct a sight triangle violation. The property owner may request that the City remedy said sight triangle violation. If the property owner fails to remedy the violation or request City assistance within 45 days, the City may proceed to remedy the violation as outlined in Section 110 of the 2003 International Zoning Code as adopted by the City of Beloit.

SECTION 808 PASSAGEWAYS

808.1         Residential entrances. There shall be a passageway leading from the public way to the exterior entrance of each dwelling unit in every residential building of not less than 10 feet in width. The passageway shall be increased by 2 feet for each story over two.

809.1         General. All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval.

Non-availability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the jurisdiction agrees otherwise. All service extensions shall be designed and installed in full compliance with the jurisdiction’s standards for such ser- vice, and shall be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.

SECTION 810 BUILDING SETBACK LINES

810.1         General. The building setback lines shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the existing or proposed structure.