[Amended 3-3-1999 by Ord. No. R-371]
A.Purpose. The purpose of this district is to encourage neighborhood stability through conservation and rehabilitation of residential structures; to facilitate conversion of nonresidential to residential space; and to otherwise reinforce the residential characteristics of this district by restricting uses and structures not compatible with district objectives.
B. Principal permitted uses shall be as follows:
(1) Residential buildings.
(2) Hospitals and related clinics.
(3) Place of worship, associated residences, meeting places and schools.
(4) Public buildings and uses, such as schools, libraries, parks and playgrounds.
(5) Retail businesses and services in accordance with Section 196-33 of this chapter.
(6) Public parking garages which provide accessory parking for hospitals. See special bulk regulations in Section 196-15E(8) below.
C. Accessory uses shall be as follows:
(1) Garages.
(2) Home occupations.
(3) Signs. See Section 196-31.
(4) Other uses customarily incidental to principal uses and on the same lot.
(5) Other uses customarily incidental to hospital uses (such as related clinics, health treatment and administrative uses; offices and labs for private doctors and/or health maintenance organizations, pharmacies, flower and gift shops) located on a lot within one hundred (100) feet of the lot on which the principal use is located.
(6) Pedestrian bridge. See Section. 196-15E(9) and Section 168-5 for building and design requirements.
(7) Wireless telecommunications antennas subject to Sections 196-26 and 196-35. [Amended 5-7-2003 by Ord. No. DR-91]
**Webmasters Note: The previous sections, 196-13A(4) through 196-17C(7), have been amended as per Supplement No. 53.
D. Conditional uses shall be as follows:
(1) Educational uses not mentioned above.
(2) Essential utility or public services.
(3) Funeral homes.
(4) Clinics and nursing homes.
(5) Loft buildings.
(6) Nonprofit club or recreation use.
(7) Nursery school.
(8) Office buildings.
(9) Professional or business offices, other than home occupations, when located above street level with the exception of those accessory uses listed in Section 196-15C(5) above.
(10) Public parking facilities.
(11) Restaurants.
(12) Sidewalk cafes. [Added 5-19-1982 by Ord. No. C212]
(13) Accessory uses customarily incidental to principal permitted use, but not on the same lot with the exception of those accessory uses listed in Section 196-15C(5) above.
E. [Amended 10-7-1998 by Ord. No. R-341]Area, yard and building requirements for principal and accessory buildings shall be as follows except as applies to hospitals and related uses and public parking garages providing accessory parking for such uses detailed in paragraphs (7) and (8) below:
(2) Lot width, minimum: twenty (20) feet.
(3) Lot depth, minimum: one hundred (100) feet.
(4)[Amended 1-7-1987 by Ord. No. V-91] Lot coverage, maximum: For principal buildings: sixty percent (60%).
(5)[Amended 6-21-1989 by Ord. No. P-581 2-18-1998 by Ord. No. R-294; 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17] Building height, maximum: For principal buildings: a maximum of four (4) stories which may consist of three (3) stories, or not more than thirty (30) feet, whichever is less, above an on-site parking facility for a total height not to exceed forty (40) feet.
(a) Where a principal building is constructed without parking, its maximum height may be more than three (3) stories or not more than forty (40) feet above base flood elevation, whichever is less.
(b) Where front sidewalk grade is already above base flood elevation, maximum height shall be measured from said sidewalk grade.
(c) Where a new building occupies no more than fifty (50) feet of frontage between two (2) existing adjacent buildings which are higher than the maximum allowed (as measured in feet); the new structure may match the height of the lower of the two (2) buildings. Final height in such a case includes any front parapet. [Amended 7-17-02 by Ord. No. DR-44]
(d) In any event, any principal building or portion of a principal building constructed in the corner lot area may be built to the maximum height permitted for the district. The corner lot area shall be limited to an area no larger than twenty-five (25) feet by one hundred (100) feet as shown on the city's tax map as of the date of the adoption of this ordinance. All other bulk regulations shall apply.
(6)[Amended 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17] Density: Residential density of development of a site will be determined by site area per dwelling unit and maximum number of dwelling units adjusted where necessary for other on-site principal uses as calculated below:
(a) Site area per dwelling unit (SA/DU), minimum: six hundred sixty (660) square feet per dwelling unit.
(b) Dwelling units, maximum: site area divided by six hundred sixty (660). [Amended 7-17-2002 by Ord. No. DR-44]
(c) Where principal uses in addition to residential are proposed for the subject building (such as retail or office), the percentage of total permitted floor area occupied by the nonresidential use shall be applied against the maximum number of dwelling units and the residential units shall be reduced thereby, except as specified below. Any fraction shall be equivalent to a whole dwelling unit. On Fourteenth Street nonresidential principal uses located on the ground floor and basement (as permitted elsewhere in this chapter) shall not be deducted from the maximum permitted number of residential units.
(6.1) Yard dimensions, minimum: [Added 2-6-2002 by Ord. No. DR-17]
(a) Front: [Amended 7-17-2002 by Ord. No. DR-43] minimum five (5) feet, maximum ten (10) feet; front yard setback areas are to be fenced and- landscaped; stoops are to be encouraged and shall not be counted as lot coverage; bay windows extending no further than thirty-six (36) inches from the front facade and located entirely within the property line shall not be counted as lot coverage; any fencing, landscaping or stoop beyond the property line is subject to the City Code, Chapter 168: Streets and Sidewalks.
Where new building occupies no more than fifty (50) feet of frontage between two (2) existing adjacent principal buildings whose front yard setback ranges from five (5) to ten (10) feet, the new structure shall match one (1) of the two (2) buildings.
(b) Side: zero (0) or five (5) feet.
(c) Rear: thirty (30) feet or thirty percent (30%) of lot depth, whichever is less. In no event shall the rear building wall of any extension, enlargement or new construction be permitted at a depth greater than seventy (70) feet from the front lot line; rear yard areas are to be landscaped and accessible to occupants and for maintenance purposes.
**Webmasters Note: The previous subsections, (5)(d) through (6.1)(c), have been amended as per Supplement No. 47.
(7) Hospitals and related uses: where a hospital owns 100% of the block on which it is situated, coverage, height and yard requirements shall be as follows:
(a) Lot coverage: 100% of the site may be covered by structures up to a height of ten feet; above ten feet, lot coverage shall be permitted and regulated pursuant to applicable building and fire codes as such codes relate to distances between buildings or portions of buildings.
(b) Building height: the maximum permitted building height shall be equivalent to the highest roof elevation of any building or structure (i.e. not including parapets, spires or other roof appurtenances) existing on the same side of the street between the next nearest two (2) cross streets, which building or structure was fully completed at the time of the adoption of the ordinance.
(c) Yards: no yards wilt be required.
(8) Public parking garage; where such facility is located on a lot within 100 ft. of the lot on which the hospital is located and offers space to satisfy the hospital's accessory parking requirements (in whole or in part, with or without a fee for the hourly, daily or monthly parking of motor vehicles), the following regulations apply:
(b) Lot width, minimum: 100 ft. Note that where a portion of the garage site extends through the block, so long as the site width is at feast 100 ft. on one side of the block, the other may be no less than 50 ft. wide.
(c) Lot depth, minimum: 100 ft.
(d) Lot coverage, maximum: 95%
(e) Building height, maximum:
[1] Parking levels: the portion of the structure containing the parking areas may not exceed 75 ft. above sidewalk grade.
[2] Offices per §196-150(5) but not including pharmacies, flower and gift shops: an additional 15 ft. in height above the finished roof of the parking structure, so long as the finished secondary roof does not exceed 90 ft. above sidewalk grade. For each foot in height above 75 ft., the office walls shall set back one foot from the front property line and from side and rear building walls.
(f) Yard dimensions, minimum:
[1] Front: 0 ft. Where necessary to provide adequate internal circulation space as well as the required rear yard, the parking floors of the garage structure above the first floor may extend up to eight (8) feet beyond the property line. Such street encroachment is subject to approval by the City Council and must comply with the design requirements of Chapter 168-5.
[2] Side: 0 ft.
[3] Rear: 5 ft. Where a portion of the site is comprised of a through lot, that portion of the site need not provide a rear yard.
(g) Design and other operational requirements compliance with §196-38V(1) through (3) and §196-40 is required, as modified below:
[1] Retail or office use: only those office and retail uses commonly associated with a hospital as listed in §196-150(5) above are permitted within the garage structure as indicated below:
[a] Ground floor: a minimum of 50% of the linear footage of the ground floor facade (after subtracting the linear footage for garage doors) must be occupied by retail or office use as listed in § 196-15C(5).
[b] Rooftop: uses listed in §196-150(5) above but not including pharmacies, flower and gift shops, are permitted on the roof of the garage, subject to the bulk placement restrictions of §196-15E(8)(e)[2]. The maximum gross floor area for such office uses shall not exceed 70% of the gross roof area of the parking structure.
[2] Fenestration:
[a] Fenestration shall occur at least every ten (10) feet along the street facade and must begin no higher than four feet six inches (4 ft.-6 in.) above sidewalk level. A door may be counted in lieu of a window in this calculation.
[b] Window openings shall be no smaller than two (2) feet by two (2) feet and shall have either glazing or decorative grilles.
[3] Doors:
[a] Doors serving ground floor retail/office areas shall provide access directly from the sidewalk and shall occur at least every fifty (50) feet along the applicable portion of the facade.
[b] Doors are not required for the garage entrances but, if provided, they shall be either a grille style or a solid door which includes a window at eye level.
[4] Operation: the garage facility may offer parking spaces to the public at large as well as to the adjacent hospital and its related uses to satisfy the accessory parking requirements of the hospital and its related uses (in whole or in part, with or without a fee) for hourly, daily or monthly parking of motor vehicles.
(g) Pedestrian bridge: a pedestrian bridge may be constructed across the intervening street in order to join the hospital and the parking garage. Such street encroachment is subject to approval by the City Council and must comply with the design requirements of Chapter 168-5.
F. Off-street parking and loading shall be as follows:
(1) None required for first five (5) dwelling units. At least one (1) off-street parking space for each dwelling unit after the first five (5), except as modified by Article XI.
(2) Parking required for a hospital and its related uses located on the same block will be based on the number of hospital beds. All other related uses located on adjacent lots within one hundred (100) feet of the lot on which the hospital is located will be calculated at one (1) space per eight hundred (800) gross square feet of floor area.
(3) For all other uses, see Article XI.
A. Purpose. The purpose of this district is to advance the achievement of a viable residential neighborhood; to encourage conservation and rehabilitation of existing sound residential blocks; to support residential revitalization by a variety of housing types and related uses; and to otherwise reinforce the residential characteristics of this district by regulating uses and structures not compatible with district objectives.
B. Principal permitted uses shall be as follows:
(1) Residential buildings.
(2) Places of worship and associated residences, meeting places and schools.
(3) Public buildings and uses, such as schools, recreation centers, places of assembly, parks and playgrounds.
(4) Retail businesses and services in accordance with § 196-33 of this chapter.
C. Accessory uses shall be the same as R-2 Residence District (§ 196-15). [Amended 5-7-2003 by Ord. No. DR-91]
D. Conditional uses shall be as follows:
(1) Bars.
(2) Clubs and community centers.
(3) Essential utility or public services.
(4) Clinics and nursing homes. [Amended 3-3-1999 by Ord. No. R-371]
(5) Loft building. [Amended 2-6-2002 by Ord. No. DR-17]
(6) Planned unit residential developments.
(7) Public parking facilities.
(8) Restaurants.
(9) Sidewalk cafes. [Added 5-19-1982 by Ord. No. C212]
(10) Accessory uses customarily incident to principal permitted uses, but not on the same lot.
E. Area, yard and building requirements for principal and accessory buildings shall be as follows:
(1) Lot area, minimum: two thousand five hundred (2,500) square feet.
(2) Lot width, minimum: twenty-five (25) feet.
(3) Lot depth, minimum: one hundred (100) feet.
(4) [Amended 1-7-1987 by Ord. No. V-91] Lot coverage, maximum:
(a) For principal buildings: sixty percent (60%).
(5) [Amended 1-7-1987 by Ord. No. V-91; 6-21-1989 by Ord. No. P-582-18-1998 by Ord. No. R-294; 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17] Building height maximum: For principal buildings: a maximum of four (4) stories which may consist of three (3) stories, or not more than thirty (30) feet, whichever is less, above an on-site parking facility for a total height not to exceed forty (40) feet.
(a) Where a principal building is constructed without parking, its maximum height may be no more than three (3) stories or not more than forty (40) feet above base flood elevation, whichever is less.
**Webmasters Note: The previous sections, 195-15.F(2) through 195-16.E(5)(a), have been amended as per Supplement No. 49.
(b) Where front sidewalk grade is already above base flood elevation, maximum height shall be measured from said sidewalk grade.
(c) Where a new building occupies no more than fifty (50) feet of frontage between two (2) existing adjacent buildings which are higher than the maximum allowed (as measured in feet), the new structure may match the height of the lower of the two (2) buildings. Final height in such a case includes any front parapet.
(d) In any event, any principal building or portion of a principal building constructed in the corner lot area may be built to the maximum height permitted for the district. The corner lot area shall be limited to an area no larger than twenty-five (25) feet by one hundred (100) feet as shown on the city's tax map as of the date of the adoption of this ordinance. All other bulk regulations shall apply.
(6) [Added 4-21-1999 by Ord. No. R-378; amended 2-6-2002 by Ord. No. DR-17] Density: residential density of development of a site will be determined by site area per dwelling unit and maximum number of dwelling units adjusted where necessary for other on-site principal uses as calculated below:
(a) Site area per dwelling unit (SA/DU) minimum: six hundred sixty (660) square feet per dwelling unit.
(b) Dwelling units, maximum: site area divided by six hundred sixty (660). [Amended 7-17-02 by Ord. No. DR-44]
(e) Where principal uses in addition to residential are proposed for the subject building (such as retail or office), the percentage of total permitted floor area occupied by the nonresidential use shall be applied against the maximum number of dwelling units and the residential units shall be reduced thereby, except as specified below. Any fraction shall be equivalent to a whole dwelling unit. On First Street, Newark Street and Observer Highway, nonresidential principal uses located on the ground floor and basement (as permitted elsewhere in this chapter) shall not be deducted from the maximum permitted number' of residential units.
7. [Amended 1-7-l987 by Ord. No. V-91; 6-21-1989 by Ord. No. P-58; 3-5-1997 by Ord. No. R-228; 2-6-2002 by Ord. No. DR-17] Yard dimension, minimum:
(a) Front: [Amended 7-17-2002 by Ord. No. DR-43] minimum five (5) feet, maximum ten (10) feet; front yard setback areas are to be fenced and landscaped; stoops are to be encouraged and shall not be counted as lot coverage; bay windows extending no further than thirty-six (36) inches from the front facade and located entirely within the property line shall not be counted as lot coverage;. any fencing, landscaping or stoop beyond the property line is subject to the City Code, Chapter 168: Street and Sidewalks. Where new building occupies no mote than fifty (50) feet of frontage between two (2) existing adjacent principal buildings whose front yard setback ranges from five (5) to ten (10) feet, the new structure shall match one (1) of the-two, (2) buildings.
(b) Side: zero (0) or five (5) feet.
(c) Rear: thirty (30) feet or thirty percent (30%) of the lot depth, whichever is less. In no event shall the rear wall of the principal building, whether created by new construction or an extension to an existing building, be permitted at a depth greater than seventy (70) feet from the front lot line. Rear yard areas are to be landscaped and accessible to occupants and for maintenance purposes.
F. Minimum off-street parking shall be the same as R-2 Residence District (§ 196-15).
