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701. Non-Conforming Lots, Buildings, and UsesIt is the intent of this Ordinance to recognize that the elimination of existing lots, buildings, and structures or uses that are not in conformity with the provisions of this Ordinance is as much a subject of health, safety, and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this Ordinance. It is therefore the intent of this Ordinance to permit these non-conformities to continue, but not to encourage their survival, permit their expansion, or permit their use as grounds for adding other structures or uses prohibited elsewhere in the same district. Therefore, any structure or use of land existing at the time of the enactment of this Ordinance, and amendments thereto, but not in conformity with its regulations and provisions, may be continued subject to the following provisions:
b. Where a single non-conforming lot of record at the time of enactment or amendment of this Ordinance is not of continuous frontage with other lots in the same ownership, such lot may be used as a building site, provided that yard dimensions, and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located. Variances of yard requirements may be obtained only through appeal to the Board, as outlined in Section 1104 herein.
701.02 Non-Conforming Structures. Where a lawful structure exists at the time of enactment or amendment of this Ordinance that could not be built in the district in which it is located by reason of restrictions on area, lot coverage, height, yard dimensions, or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
b. No non-conforming structure may be enlarged or altered in any way which increases its non-conformity; any structure or portion thereof may be altered to decrease its non-conformity.
c. Notwithstanding the provisions of Section 701.02(b) above, whenever repairs on or installation of plumbing fixtures in residential structures is required by law or administrative action of the Health Department or the Building Official, such alterations shall be permitted, provided that where such alterations require an addition to the structure, such addition shall be no nearer the lot line than permitted by the requirements of this Ordinance. Where an existing residential structure exceeds these requirements the said addition shall extend no nearer the lot line than the existing building line.
d. Should a non-conforming structure be moved, it shall thereafter conform to the yard dimension requirements of the district in which it is located after it is moved.
e. No non-conforming building or structure, if all or substantially all thereof is destroyed or razed, shall be restored in a non-conforming form or location for the continuance of a non-conforming use, except such a building or structure, if destroyed accidentally due to fire, explosion, or other accidental cause, may be restored in substantially the same form but without enlargement, for the continuance of the non-conforming use, provided the pre-existing use is commenced within a period of two years from the date of destruction. If the use of said building or structure which existed prior to its said destruction is not resumed within two years from the date of its said destruction, it shall be presumed to have been abandoned and discontinued, and any use thereafter of said property shall conform to the regulations of the district in which the land, structure or building is located.
701.03 Non-Conforming Uses of Land. Where a lawful use of land exists at the time of enactment or amendment of this Ordinance that would not be permitted by the regulations imposed herein, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
b. No such non-conforming use shall be moved in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the time of enactment or amendment of this Ordinance.
c. No such non-conforming use shall be altered, in whole or in part, to another use which does not conform to the requirements of this Ordinance for the district in which the land is located.
d. In the event that such use ceases for any reason for a period of more than two (2) years any subsequent use shall conform to all requirements of this Ordinance for the district in which the land is located.
e. No additional structure not conforming to the requirements of this Ordinance shall be constructed in connection with such non-conforming use.
701.04 Non-Conforming Uses of Structures. Where a lawful use involving individual structures, or of structures and premises in combination, exists at the time of enactment or amendment of this Ordinance, that would not be permitted in the district in which it is located under the requirements of this Ordinance, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
b. A non-conforming use of a structure may be extended to include use of the entire structure, but shall not be extended to include either additional structures or land outside the structure.
c. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of two consecutive years except when government action impedes access to the premises; or when a non-conforming use is superseded by a permitted use, the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.
d. Where a structure which is used in combination with its premises for a use not in conformity with the regulations herein is removed or destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, use of the land shall thereafter conform to the regulations applicable to the district in which it is located.
702. Off-Street Parking, Driveways, and Entrances
702.01 General Requirements. For the purpose of this Ordinance, the following general requirements are specified:
2. Minimum for other than One and Two Family: Thirty (30) feet wide at the property line.
c. Driveways for other than one or two family dwellings shall meet the following requirements:
2. two way: residential 20' commercial 22' industrial 22'
e. Parking spaces for all dwellings shall be located on the same lot with the main buildings to be served. If an off-street parking space cannot be reasonably provided on the same lot on which the main use is conducted, the Zoning Administrator may permit such space to be provided on other off-street property, provided such space lies within 600 feet of the property line of such main use. Such vehicle parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.
f. The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that a portion of the parking space required for an existing church, movie theater, or other use whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sunday.
g. Areas reserved for off-street parking in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the Zoning Administrator.
h. Off-street parking existing at the effective date of this Ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use. Existing off-street parking which is provided in an amount less than the requirements stated hereinafter shall not be further reduced.
i. Construction vehicles, trucks, and trailers of a gross weight of more than 6,000 pounds shall not be parked in the area between the front lot line and the setback line in any residential district.
702.02 Parking Space Requirements for All Districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal in area to at least the minimum requirements for the specific land use set forth. The following parking requirements shall apply in all districts, except as noted in Section 702.03.
702.03 Parking Requirements: Limited Business District B-1, and Limited Professional District LP.
In cases in which existing lot or building sizes prohibits feasible satisfaction of the requirements within the Limited Business District B-1, or Limited Professional District LP, the Zoning Administrator may adjust and review the parking requirements. Procedures specified do not apply to existing buildings, in which case the parking requirements of this Ordinance may be waived by the Zoning Administrator. In a LP district, however, the development requirements for parking may be waived only when a minimum of two permanent, off-street parking spaces can be demonstrated.
702.04 Site Requirements. Excepting parking and driveways of 1 and 2 family dwellings, all off-street parking shall be laid out, constructed, and maintained in accordance with the following requirements:
b. Entrances shall be constructed in accordance with requirements of the City of Bedford.
c. Lighting facilities shall be so arranged that light is reflected away from adjacent properties.
d. The parking lot shall be adequately drained in accordance with the specifications and requirements of the City of Bedford.
e. In B-1 and B-2 districts, all parking areas must be paved, and parking spaces with street frontage must also be provided with concrete curbs or other restrictive barriers.
f. The parking lot shall be landscaped in accordance with the requirements specified in Section 705.00
703. Off-Street Loading and Unloading SpaceOff-street loading and unloading spaces shall be provided as hereinafter required by this Ordinance, or in accordance with the Transportation and Traffic Engineering Handbook of the Institute of Transportation Engineering or the current edition of Architectural Graphic Standards.
703.02 Space Provided. There shall be provided for each hospital, hotel, commercial, or industrial building, or similar use requiring the receipt of distribution of materials or merchandise off-street loading space adequate in size and number for use. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, road, or alley.
703.03 Space Required. There shall be provided for each hospital, hotel, commercial or industrial building, or similar use requiring the receipt or distribution of materials or merchandise, off-street loading space adequate in size and number for use. Such space shall not be located so as to hinder the free movement of pedestrians and vehicles over a sidewalk, road or alley.
703.04 Bus and Trucking Terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be located at the terminal at any one time.
703.05 Location of Off-Street Loading Spaces. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying said adjacent lot.
703.06 Permanent Reservation. Areas reserved for off-street loading in accordance with the requirements of this Ordinance shall not be reduced in area or changed to any other use unless the use which is served is discontinued or modified, except where equivalent loading space is provided and is approved by the Zoning Administrator.
704. Control of Vision ClearanceNo fence, wall, shrubbery, sign, marquee, or other similar obstruction to vision between the heights of two and one-half (2 1/2) and ten (10) feet from the ground level shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two roads or railroad lines, or of a road intersection with a railroad line.
705. LandscapingIt is recognized that the planting of trees and vegetation, as well as the conservation of existing trees and vegetation, can serve to significantly improve the quality of the physical environment. It is also recognized that the uncontrolled cutting or destruction of trees and wooded areas can significantly damage the physical environment, causing increased municipal costs, the encouragement of substandard development, and the reduction of property values. It is therefore in the interest of the public health, safety, and welfare to enact regulations that would promote the planting and preservation of landscape materials which:
b. provide for the protection of ground water and air quality,
c. promote traffic safety by controlling views,
d. provide shade and enhancement for urban areas, and
e. provide a natural habitat for wildlife.
b. A single or two (2) family detached dwelling on its own lot.
705.02 General Requirements and Minimum Standards. The following general requirements and minimum standards shall apply for all landscaping required by this code:
b. Existing trees preserved on the site may be used to satisfy the requirements for landscaping. Any existing tree used to meet the requirements of this Ordinance must be at least three (3) inch caliper, in healthy condition, and be protected from construction activity.
c. The owner is responsible for maintaining all required plant material in good health. All plant materials shall conform to the Association of Nurserymen Standards for Nursery Stock. Any dead, unhealthy, or missing plants must be replaced within six (6) months with locally adapted vegetation which conforms with the planting standards of this code.
d. All shade trees must be 10 to 12 feet high and one and a half (1-1/2) to two (2) inch caliper when planted. All flowering trees must be 6 (six) feet high and three quarters (3/4) inch caliper when planted. All shrubs must be at least one (1) gallon container size when planted. All plantings must be in a mulched planting bed.
e. Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety. Whenever the enforcement of the provisions of this Ordinance may be deemed a traffic hazard, the Zoning Administrator may waive any or all requirements.
2. On any street right of way on which utilities are not and will not be located, one (1) shade tree shall be planed for every 50 feet, or portion thereof, of road frontage or one (1) flowering or ornamental tree shall be planted for every 25 feet of street frontage at approximately 25 feet on center.
2. Interior landscaping for parking lots shall consist of one (1) shade tree for every twelve (12) parking spaces.
2. Ornamental or flowering trees: Amur Maple, Dogwood, Washington Hawthorn, American Plum, Bradford Pear, Serviceberry, Redbud and Shadblow.
3. Evergreen or flowering shrubs: English Yew, Japanese Yew, Azalea, Chinese Holly, Rhododendron, Abelia, Cotoneaster, Forsythia, Viburnum, Winged Euonymus, and Flowering Quince.
4. Screening: Cedar, Austrian Pine, Norway Spruce, American Holly, Arborvitae, Foster Holly, Cypress and White Pine
b. Final certificates of zoning may be held pending completion of the landscaping to the satisfaction of the zoning administrator. A certified check, irrevocable letter of credit or other surety satisfactory to the city may be secured to allow for the issuance of the certificate prior to completion; however, such certificate should be obtained prior to issuance of a building permit.