A. Purpose and intent. The HC zone is intended to permit uses that are compatible with the frontage on and exposure to Route 17 in the zone, while at the same time being sensitive to the quality of life of nearby residential areas. Although the zone recognizes the suitability and compatibility of highway commercial use, the zone regulations are intended to avoid a "highway strip" appearance by limiting the permitted uses and the scale and intensity of development, requiring generous setbacks required for buildings from property lines, and by imposing architectural, sign and landscaping standards. The zone also intends to avoid undue impacts to residential properties in the area by limiting the permitted uses and the intensity of development, by limiting the height of buildings, requiring that access be oriented away from local streets, and by requiring buffers between nonresidential development and residential zones.
B. Permitted principal uses and structures. The following principal uses and structures shall be permitted, subject to the prohibitions and restrictions in § 190-118.2D and elsewhere in this chapter.
(1) Retail sales uses limited to the following:
(a) Paint, glass and wallpaper stores.
(b) Hardware stores.
(c) Department stores, variety stores, miscellaneous general merchandise stores.
(d) Grocery stores, meat & fish markets, fruit & vegetables markets, candy, nut and confectionery stores, dairy products stores, retail bakeries, miscellaneous food stores.
(e) Auto and home supply stores.
(f) Clothing stores, accessory and specialty stores, shoe stores and miscellaneous apparel and accessory stores.
(g) Home furniture and furnishings stores, household appliance stores, radio, television and computer stores.
(h) Eating and drinking places, excluding drive-in restaurants.
(i) Drug stores and proprietary stores.
(j) Liquor stores.
(k) Movie and video game sales and rentals.
(2) Banks and savings and loan institutions.
(3) Administrative, business and professional offices.
(4) Personal service establishments limited to the following:
(a) Laundry, cleaning and garment services.
(b) Portrait photographic studios.
(c) Beauty and barber shops.
(d) Shoe repair and shoeshine parlors.
(5) Child care centers.
(6) Veterinary hospitals.
(7) Single-family detached residential dwellings.
C. Permitted accessory uses and structures. The following accessory uses and structures shall be permitted, excluding any uses and structures that are specifically prohibited:
(1) Parking facilities, as regulated in §§ 190-90 and 190-121.
(2) Signs, as regulated in § 190-122.
(3) Uses and structures accessory to single-family detached residential dwellings as permitted and regulated in all single-family residence districts.
(4) For all uses other than single-family detached residential dwellings, accessory uses customarily incident to permitted principal and conditional uses, subject to the prohibitions and restrictions in § 190-118.2D and elsewhere in this chapter
D. Conditional uses. Notwithstanding any provisions to the contrary, no conditional uses shall be permitted in the 11C zone district.
E. Prohibited uses. Any uses other than those uses permitted by this section are prohibited. In addition, without in any way limiting the generality and prohibition of this section, the following uses are specifically prohibited:
(1) Motor vehicle sales or rental.
(2) Gasoline filling stations, gasoline service stations and motor vehicle maintenance or repair facilities.
(3) Garden centers and plant nurseries,
(4) Contractor yards and contractor storage buildings and facilities.
(5) Industrial, assembly and manufacturing uses.
(6) Storage warehouses and other storage buildings and uses, except as an accessory to a permitted use.
(7) Drive-in restaurants and the sale, delivery and/or serving of prepared food and/or beverages in a ready to consume state from a location within a building through a door, through a window or over a counter to a location outside the same building on the same site or within the adjacent public right-of-way. Such prohibition shall include but not be limited to the delivery to or receipt of food and/or beverages to customers in motor vehicles. Excluded from this prohibition shall be "take-out" sales of prepared food, where the customer must enter the building to purchase and/or pick up food for consumption at an off-tract location, and the delivery of prepared foods to an off-tract location.
(8) Any use that involves the display, sale, provision or storage of goods, services or materials, or the keeping of animals, outside the confines of a building; provided that drive-up windows for banks and pharmacies shall not be prohibited.
(9) Hotels, motels and other commercial lodging establishments.
(10) Any nonresidential uses that operate during the hours when the sale of alcoholic beverages for consumption upon the premises is prohibited by §101-12A. The foregoing prohibition shall apply to all nonresidential uses in the district, regardless of whether or not such uses sell alcoholic beverages or are retail sales or service uses; provided, however, that automated teller machines for banks and pharmacies that provide 24-hour service shall not be prohibited:
(11) Notwithstanding the authorization of veterinary hospitals as a permitted principal use, no such use or any other use shall be permitted to use areas outside the confines of a building for the keeping, holding, care, treatment, exercising of animals, or any similar activity.
F. Development standards: Development for single-family detached dwellings shall comply with the requirements applicable to such dwellings in the R-125 zone district.
Nonresidential development shall comply with the following requirements, unless specifically provided otherwise by this chapter:
(1) Minimum lot area: 75,000 square feet:
(2) Minimum lot frontage: 300 feet on the street from which access is provided.
(3) Maximum floor area ratio: 25% of the lot area.
(5) Maximum improvement coverage: 70% of the lot area:
(6) Maximum height of principal buildings: 2 stories, excluding basement stories, and 35 feet; provided, however, that only that portion of principal buildings comprised of roofs having a pitch of not less than 5:12 and gables for such roofs shall be permitted to exceed a height of 30 feet.
(7) Minimum yard depths, principal buildings:
(a) 70 feet from the Route 17 right-of-way:
(b) 30 feet from the Route 17 ramp right-of-ways:
(c) 50 feet from other street rights-of-way:
(d) 50 feet from other property lines:
(8) Driveway access to nonresidential uses shall be limited to access to/from Route 17, except for driveways used solely for emergency access. A traffic study may be required for major developments or significant changes of use, in order to ensure that site access will be safe and designed to minimize congestion on area streets.
(9) Parking areas shall contain landscaped areas distributed within the parking area(s) so as to visually break up the area(s) of pavement, with the location and design of such landscaped areas to be determined through the site plan review and approval process. The total area of such landscaping areas shall be at least 10 square feet for each parking space in the parking area(s): Such landscaped areas shall be considered to be "within the parking area" if they: a) are surrounded on at least three sides by the pavement for the parking area, and/or b) are surrounded on at least two sides by the pavement for the parking area and are located between the parking area and the building. Notwithstanding the foregoing, no landscaped area located within the minimum required setback for parking areas shall be counted toward the foregoing requirement.
(10) A buffer having a minimum depth of 30 feet shall be provided to separate nonresidential development in the district and adjacent residential zone districts. The buffer shall contain dense plantings and a screening fence or wall. If necessary to mitigate the effects of noise, lights and other impacts upon adjacent residential properties, the fence or wall shall be permitted and may be required to have a height greater than 6 feet. The visual impact of fences or walls higher than 6 feet upon adjacent residential properties shall be mitigated through the use of increased setbacks from the property line and by installing plantings between the fence/wall and property line, as determined through the site plan approval process: Buffers, screening and other features shall be installed and maintained to ensure that noise levels from she activities comply with the noise control regulations at § 190-120G(5) and N.J.A.C. 7:29-1.1 et seq:
(11) When nonresidential development is located across from a residential zone district on the opposite side of Paramus Road and Linwood Avenue, plantings, fencing, walls and/or berms shall be required in the front yard to screen the parking and loading areas from the view of residential properties and to minimize the detrimental effects of glare from vehicle headlights, as determined through the site plan approval process.
(12) Architectural design.
(a) Large unbroken building masses in walls that face the street shall be avoided through the use of projections, recesses, varying materials and other methods. The following requirements shall apply to any exterior building wall facing a street, including any ramps to or from Route 17: For purposes of complying with these requirements, a wall surface shall be considered within the same vertical plane as another wall surface unless their vertical planes, or projections thereof, are separated by a horizontal distance of at least eight inches.
[1] At least 10% of the surface area of walls in the same vertical plane, including gables and parapets shall be comprised of windows and doors. The area of such windows and doors shall be measured from the inside edge of any perimeter trim. The glass in such windows and doors shall not be covered, painted or surfaced so as to prevent a view into the building from the outdoors; however, interior curtains and blinds shall be permitted.
[2] The maximum contiguous wall surface area containing the same or similar material within the same vertical plane shall not exceed 1,500 square feet: Larger wall surfaces shall be separated by horizontal and/or vertical features comprised of a substantially different material and/or shall be located within a different vertical plane than the adjacent surfaces: Such separations shall have a minimum dimension of 12 inches in any direction, except for the minimum vertical plane separation required above.
(b) Roofs. Buildings may be designed with pitched roofs and/or with flat (horizontal) roofs that comply with the following:
[1] Pitched roofs shall provide a minimum pitch of 5:12 (five inches vertical for each 12 inches horizontal).
[2] Pitched roofs shall contain variations in pitch and/or plane and/or dormers not less than 50 feet apart:
[3] Flat (horizontal) roofs shall be designed with a cornice and/or parapet(s). Cornices shall have a vertical dimension not less than 5% of the height of the building, and the cornice shall be of a substantially different material or texture than the exterior wall surface. Parapets shall provide variation in the roof line not less than 30 feet apart; such variations shall not be less than eight inches in vertical dimension:
[4] Rooftop mechanical equipment shall be screened from the view of adjacent properties and streets by parapets in the same vertical plane as the exterior walls or by screens designed to appear the same as a sloped roof: For purposes of administering this requirement, screening shall be designed to screen the view from a point 6 feet above the ground measured at the property line of adjacent properties and from the center line of the adjacent street: In the case of Route 17, the center line shall be considered the center of the northbound lanes and the center line of any ramps
G. Requirements for drive-in uses. In addition to the other requirements for development within the HC zone district, drive-in establishments shall be subject to the following requirements:
(1) The drive-in window(s), canopies, drive-up and stacking lanes, and any above-grade equipment used for the drive-in operation shall be located at least fifty (50) feet from any residential zone district.
(2) At the time of site plan review, noise from motor vehicles and speakers, as wells as impacts from vehicular headlights and exhaust shall be addressed through setbacks, screen walls, vegetation and other features, as determined by the Board.
**Webmasters Note: Section 190-118.2 has been added by Ordinance No. 3343, effective July 3, 2012.
A. Yards. There shall be provided for every lot front, rear and side yards as required in the zone district in which such lot is located. No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one (1) building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building. In addition, the following general regulations shall apply:
(1) Front yards.
(a) All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located, provided that on streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet, and provided further that any lot which abuts a street with a proposed right-of-way greater than 50 feet in width as shown on the master plan for streets of the village shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right of-way line shown on such master plan. In the event a street, or part thereof, is located within an easement, or is proposed to be widened within an easement, rather than within a dedicated right-of-way, the front yard setback shall be measured from the easement line.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2744.
(b) In the B-1 and B-2 zone districts, all new buildings and additions to existing buildings shall conform to the existing established front yard setback line of the buildings located on each side of the subject property. In the event that the front yard setback on each side of the subject property is not the same distance from the center line of the abutting street in question, then the Planning Board, as part of site plan review, shall determine the required setback line for the subject property which shall not be less than the setback of the abutting property that is closest to the street right-of-way line nor greater than the setback of the abutting property that is farthest from the street right-of-way line.
(2) Yards on corner lots. All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the zone in which said lot falls.
(3) Yards abutting railroads and State highways. The yard requirement for any residentially zoned lot that abuts a State highway or active railroad shall increase the yard requirement for that yard that abuts said highway or railroad by fifty percent (SOW).
(4) Projections and encroachments. Except as hereinafter specified, yards and courts required under this chapter shall be entirely free of principal buildings or parts thereof:
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2862.
(a) Cornices and eaves may project not to exceed two (2) feet over any required yard or court.
(b) Sills, leaders, belt courses and similar ornamental or structural features may project six (6) inches into any required yard or court.
(c) An open fire balcony or fire escape may project into a required yard not more than four (4) feet.
(d) Ground story bay windows or oriels may project not more than three (3) feet into any required yard in the R-125, R-110, R-1, R-1A, R-2 and R-3 Zone Districts
(e) Chimneys with or without fireplaces may also project not more than eighteen (18) inches into any required yard in the R-125, R-110, R-1, R-1A, R-2 and R-3 zone districts. The total area of such encroachment shall not exceed twelve (12) square feet.
(f) No canopy or marquee shall extend past any setback line affecting the building to which it is affixed. This prohibition shall not apply to retractable types of awnings. In addition, canopies and marquees shall be subject to the provisions of § 190-124L, and awnings shall be subject to the provisions of § 190-124K.
(g) No steps shall extend into any street right-of-way in any zone district. Unenclosed steps may extend not more than sixty (60) inches into any required front yard.
B. Principal buildings.
(1) No lot shall contain more than one principal building except:
(a) garden apartments, multifamily dwellings and single-family attached residential dwelling units permitted and regulated in the R-1A, R-4, R-5 and R-7 Districts; and
**Webmasters Note: Paragraph (1) has been amended by Ordinance No. 3343, effective July 3, 2012.
(2) No building to be used as a dwelling shall be constructed, altered or moved on, to or in the rear of any building situated on the same lot.
C. Accessory buildings and structures. No accessory building or structure shall be built on any lot on which there is not a principal building or structure, except when specifically permitted otherwise by this chapter. The following general provisions shall apply to accessory structures:
(1) Accessory structures in residential zones. The following requirements shall be met in all residential zones:
(a) No accessory building or above-grade structure shall have a ground area greater than the ground area of the principal building or structure on the same lot.
(b) No freestanding accessory building or structure shall exceed 15 feet in height, except as may be specifically provided otherwise by this chapter; such height shall be measured as set forth in § 190-119D. Notwithstanding the foregoing, the height of accessory buildings shall be permitted to be greater than 15 feet, but not more than 18 feet, when all of the following requirements are met:
(a) The coverage by the accessory building is at least 400 square feet;
(b) The accessory building complies with the required setback requirements in paragraph C(1)(f) below; and
(c) The pitch of any roof greater than 15 feet high is at least 8:12 (8 inches vertical for every 12 inches horizontal).
**Webmasters Note: The previous subsection, C(1)(b), has been amended as per Ordinance No. 3120.
(c) No accessory building shall be permitted in any front yard. Swimming pools, tennis courts, decks, patios, and similar play structures shall be prohibited in any front yard; provided, however, that basketball equipment which utilizes a permitted driveway on the lot as the play surface is exempt from this prohibition. [Amended 5-13-96 by Ord. No. 2565]
(d) All accessory buildings shall be located at least twelve (12) feet from any principal building situated on the same lot.
(e) Accessory buildings may be built within any side yard if the distance from any accessory building to the side lot line is equal to or greater than the required side yard setback for the principal building on such lot.
(f) Accessory buildings built in any rear yard shall not be closer than five feet from any side or rear property line of the lot; provided, however that when an accessory building is attached to a principal building by a breezeway, roof, wall or the like, or is separated from the principal building by a distance less than required by § 190-119C(1)(d), such accessory building shall be subject to the same minimum side and rear yard setback requirements as the principal building.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2862.
(g) Notwithstanding the above, masts and flagpoles shall be set back from any property line a distance equal to or greater than the height of such mast or flagpole.
(2) Accessory structures in nonresidential zones. The following requirements shall be met in all nonresidential zones:
(a) No accessory building shall have a ground area greater than the ground area of the principal building on the same lot.
(b) No freestanding accessory building or structure shall exceed twenty (20) feet in height, except as may be specifically provided otherwise by this chapter.
(c) No accessory building shall be permitted in any front yard.
(d) No accessory building shall be closer to the principal building on the lot on which it is located than ten (10) feet or the height of such accessory building, whichever is greater.
(e) Accessory buildings 'may be built within any side yard if the distance from such accessory building to the sideline of the lot is equal to or greater than the required side yard setback for the principal building on such lot.
(f) Accessory buildings built in any rear yard shall comply with the following requirements; provided, however that when an accessory building is attached to a principal building by a breezeway, roof, wall or the like, or is separated from the principal building by a distance less than required by § 190-119C(2)(d), such accessory building shall be subject to the same minimum side and rear yard setback requirements as the principal building:
[1] Accessory buildings and roofed accessory structures having a floor area of less than or equal to five hundred (500) square feet shall be located at least five (5) feet from the side or rear lot line.
[2] Except as provided in paragraph (a) above, accessory buildings and roofed accessory structures having a floor area of more than five hundred (500) square feet shall comply with the minimum yard requirements for principal buildings.
**Webmasters Note: The previous subsection, (2)(f), has been added as per Ordinance No. 2862.
D. Height of buildings and other structures.
**Webmasters Note: The previous title has been amended as per Ordinance No. 3120.
(1) The height limitations required in each zone district shall not apply to steeples for houses of worship; provided, however, that the height of such steeples shall not exceed seventy-five (75) feet in height.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2780.
(2) Houses of worship, school buildings and structures, masts, flagpoles and any Village-owned, -leased or -operated building, structure or use shall not exceed forty-five (45) feet in height.
(3) The height limitations for buildings shall not apply to rooftop appurtenances, including but not limited to decorative architectural elements such as cupolas and weathervanes; heating, ventilating and air conditioning equipment; chimneys, vent pipes, etc., but only if such appurtenances comply with the following limitations:
(a) The height of the appurtenances, and any structures that screen the appurtenances from view, must not exceed eight (8) feet above the highest point of the roof or eight (8) feet above the maximum permitted building height, whichever is less.
(b) The horizontal dimension of any such appurtenances, and any structures that screen such appurtenances from view, must not exceed twenty percent (20%) of the horizontal dimension of the building wall or side toward which such appurtenance or screening structure faces. For example, a chimney located on or facing the side of a building having a horizontal dimension of 40 feet is exempt from the building height requirements only if the horizontal dimension of the chimney facing that side of the building is 8 feet or less.
(4) The height limitations for buildings shall not apply to roof-mounted antennas, provided that roof-mounted antennas shall be required to comply with the applicable regulations for such antennas set forth in this chapter.
**Webmasters Note: The previous subsections, D(3) and D(4), have been added as per Ordinance No. 2862.
(5) The height of buildings and other roofed structures shall be calculated as the vertical distance between the highest point of such building or structure and the average finished ground level as set forth herein. The following shall apply:
(a) "Highest point of the building" shall include but not be limited to any roof, parapet wall, pediment or other vertical facade element that projects above the roof, and any appurtenance thereto, but excluding any features that are exempted by this chapter from building height requirements.
(b) The "average finished ground level" shall be calculated using an average of a representative sample of the various finished ground levels located within the following distances from the base of the building or roofed structure, provided that only ground levels located on the subject property shall be used in the calculation:
Principal buildings or roofed structures: 15 feet
Accessory buildings or roofed structures: 6 feet
(c) In the event that retaining walls are present within the area used for calculating the average finished ground level, both the top and bottom elevations of the retaining wall in the same location shall be used in calculating the average finished grade elevation.
(6) The height of other structures besides buildings and other roofed structures regulated by Paragraph (5) above shall be calculated as set forth in the specific section of this chapter regulating such structures. Where such sections do not specify a method of calculation, the height of such structures shall be calculated as the vertical distance between:
(a) The highest point of the structure; and
(b) The average finished ground level at the base of the structure, except that when the finished ground level at the base of the structure is elevated above the surrounding ground (such as when the structure is located on a berm or wall), the ground level at the base of the structure shall be disregarded and the average ground level of the surrounding ground shall be used to determine the height of the structure.
(7) When the finished ground levels include levels that are sunken below the surrounding ground level, such as but not including sunken driveways, sunken stairs or stairwells, window wells, ventilation shafts, etc., such levels shall be disregarded in height calculations.
**Webmasters Note: The previous subsections, (5) through (7), have been added as per Ordinance No. 3120.
E. Physical or visual obstructions.
(1) On any corner lot, no fence, structure, planting or shrubbery over thirty (30) inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within twenty-five (25) feet of the intersection formed by the projections of the two (2) street sidelines at the corner.
(2) No hedge,, shrubbery or planting on any lot in any residential zone shall be permitted within three (3) feet from any street sideline. The branches of all trees projecting beyond any such street sideline must be trimmed at all times to ensure unobstructed vision and clearance eight (8) feet above ground or sidewalk level.
F. Lighting.
(1) No artificial source of light shall be constructed or utilized within the Village of Ridgewood so as to create a nuisance across property lot lines.
(2) All light fixtures in any zone district shall be designed and located so that the illumination of any kind therefrom, whether from interior or exterior sources, shall not exceed one tenth (0.1) of a foot-candle at any point at ground level along any property lot line in the residential zones of the Village of a property being used or capable of being used for residential purposes. For purposes of administering this requirement, properties within a residential zone district not capable of being used for residential purposes shall include, but not be limited to, streets, utility rights of way, streams and other water bodies, park lands and other preserved open space, and properties already developed and anticipated to remain developed for nonresidential use.
**Webmasters Note: Subsection F of Section 190-119 has been amended by Ordinance No. 3343, effective July 3, 2012.
G. Cantilevered structures. For purposes of administering this ordinance, calculations of setbacks, building coverage and impervious coverage shall be made from the furthest projecting wall of cantilevered structures.
H. Coverage by improvements for single-family and two-family dwellings. In the R-125, R-110, R-1, R-1A, R-2, R-2A, R-3, R-4, R-5 and R-7 zone districts, single family detached dwellings, two family dwellings, community residences and shelters and any other uses which are subject to the same requirements as the foregoing, shall comply with the following schedules of maximum coverage by improvements:
(1) Maximum improvement coverage of total lot.
(2) Maximum improvement coverage of lot area within specified distance of front lot line. In addition to the schedule in H(1) above, the coverage by improvements located within the following specified distances of the front lot line shall comply with the following schedule:
* The specified distances from the front lot line are as follows:
**Webmasters Note: The previous subsection H. has been added as per Ordinance No. 2670.
I. Street easements. In the event a street or any portion of a street, or any proposed widening of a street is located within an easement rather than within dedicated right-of-way, the required lot area, lot width, lot frontage, lot depth and all required setbacks shall be increased above that which would otherwise be required for the use in the respective zone district, the same as if the easement were to be entirely a dedicated right-of-way. Furthermore, in such situation, the maximum permitted floor area ratio, density, coverage by above-grade structures and coverage by improvements shall be reduced by a percentage equal to the percentage of the lot area occupied by the easement, the same as if the easement were to be entirely a dedicated right-of-way.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 2744.
J. Maximum gross building area for single-family detached dwellings, two-family dwellings and duplexes. In all zone districts, single-family detached dwellings, two-family dwellings, duplexes, community residences and shelters and any other lawfully permitted uses which are subject to the same requirements as the foregoing shall comply with the following schedule of maximum gross building area (see definition in § 190-3):
(1) Single-family detached dwellings and community residences and shelters.
Maximum Gross Building Area Detached
(2) Two-family dwellings and duplexes.
Maximum Gross Building Area Detached
NOTES:
1 In cases where there is more than one principal building and/or more than one accessory building, the maximum areas specified in the above schedules apply to the total gross building area of all such principal and accessory buildings, as applicable, not to individual buildings.
2 The additional gross building area ratio for detached accessory buildings shall only be permitted for such buildings that are separated from the principal building or buildings by the distance specified in § 190-119C(1)(d).
K. Limited exemptions for barrier-free access. Notwithstanding the definitions of "floor area ratio," "gross floor area" and "habitable floor area" in § 190-3, up to 100 square feet of floor area in any principal building, excluding single-family and two-family dwellings, shall be exempted from the limitations of this chapter concerning floor area ratio, gross floor area and the minimum number of parking spaces in proportion to floor area, if such floor area meets the following requirements:
(1) The floor area to be exempted must be devoted to providing barrier-free access for the disabled. The applicant shall have the burden of proof, and must demonstrate that the floor area in question is a) necessary to provide barrier-free access for the disabled, and b) that no reasonable alternative to such exemption exists. To satisfy this requirement, the applicant shall demonstrate that the floor area in question provides space in the building for elevators, lifts, ramps, enlarged doorways or turning areas or other comparable facilities designed in accordance with all applicable barrier-free code requirements and that such exemption is reasonably necessary to provide for barrier-free access to the building. The foregoing shall not be construed to prohibit the use of such floor area for access to buildings by persons that are not disabled.
(2) Only one such exemption shall apply to any principal building.
(3) The exempted floor area must meet all other applicable requirements of this chapter.
(4) The Zoning Officer shall make the final determination concerning whether such floor area qualifies for the exemption set forth in this Subsection.
**Webmasters Note: The previous subsection, K., has been added as per Ordinance No. 3174.
