Chapter 10.105
NS – NEIGHBORHOOD SERVICES ZONE
Sections:
10.105.040 Minimum lot standards.
10.105.050 Off-street parking and loading.
10.105.070 Special provisions.
10.105.010 Purpose.
The purpose of this zone is to provide for a range of opportunities specifically identified as providing local neighborhood services. Uses in this zone are not meant to have a large footprint, or be overly invasive to neighboring uses. [Ord. 18-10 § 1 (Exh. B); Ord. 12-12 § 1; Code 1971 § 10-21-010.]
10.105.020 Permitted uses.
The following uses, and no others, are appropriate to this zone, compatible with each other, and a permitted right provided that the parcel and buildings meet all other provisions of this title, or any other applicable ordinances of Syracuse City, and receive site plan approval as provided in SCC 10.20.090:
(A) Accessory uses and buildings (under 200 square feet).
(B) Amusement and recreational activities (includes athletic or tennis club).
(C) Animal clinics.
(D) Business services and professional offices.
(E) Repealed by Ord. 18-10.
(F) Churches, synagogues, and temples.
(G) Commercial outdoor recreational activities (family reunion center, outdoor reception facilities, picnic grounds, tennis courts, etc.).
(H) Financial institutions.
(I) Financial planning, investment planning, real estate, and general business offices.
(J) Fruit and vegetable stands.
(K) Greenhouses.
(L) Marriage and family counseling services.
(M) Optical shops.
(N) Preschool centers.
(O) Private parks and recreational activities.
(P) Professional non-retail services.
(Q) Public and quasi-public buildings.
(R) Public parks.
(S) Retail building materials, hardware, and farm equipment.
(T) Uses considered similar and compatible by the land use administrator. [Ord. 18-10 § 1 (Exh. B); Ord. 12-12 § 1; Code 1971 § 10-21-020.]
10.105.030 Conditional uses.
The following, and not others, may be conditional uses permitted after application and approval as specified in SCC 10.20.080:
(A) Accessory uses and buildings (200 square feet or greater) (minor).
(B) Animal hospitals (major).
(C) Automotive and engine repair services (excluding body repair) (major).
(D) Automobile and truck sales and rental (major).
(E) Automotive retail and routine maintenance services (major).
(F) Cabinetmaking/woodworking (major).
(G) Community or civic services (major).
(H) Contract construction services (major).
(I) Convenience store (major).
(J) Day care centers (major).
(K) Equipment rental, sales, service and repair (major).
(L) Hotels and motels (major).
(M) Light industrial uses (fabrication, assembly, treatment, or packaging operations conducted in a totally enclosed building using previously prepared materials) (major).
(N) Medical and other health facilities (major).
(O) Packaging operations/delivery facility (major).
(P) Precision equipment repair (major).
(Q) Printing and publishing industries (major).
(R) Public utility substations, generating plants, pumping stations, and buildings (major).
(S) Restaurants and fast food services (major).
(T) Retail trade, including equipment sales, service and repair (major).
(U) Schools, professional and vocational (major).
(V) Storage facilities (major).
(W) Temporary commercial uses (see SCC 10.35.050) (minor).
(X) Temporary use of buildings (minor).
(Y) Theaters and amusement facilities (major).
(Z) Wireless communication towers (See Chapter 10.130 SCC) (major). [Ord. 12-12 § 1; Code 1971 § 10-21-030.]
10.105.040 Minimum lot standards.
All lots developed and all structures and uses placed on lots shall be in accordance with the following lot standards:
(A) Lot area: maximum of five acres.
(B) Lot width: as required by site plan review.
(C) Front yard: 20 feet.
(D) Side yards: as required by site plan review.
(E) Rear yard: as required by site plan review.
(F) Building size: no greater than 20,000 square feet.
(G) Building Height. Building height shall generally be no greater than 35 feet. However, building heights in excess of 35 feet may be equal to the horizontal distance from the nearest zone boundary line. Buildings within this zone may be no closer than 15 feet from the zone boundary.
(H) Buffer Yards. All lots shall be subject to the general landscape requirements as prescribed in Table 2, Buffer Classification Requirements, found in SCC 10.30.080.
(I) Minimum Lot Standards When Adjacent to Residential or Institutional Zones.
(1) Vehicles. Any new building that is constructed immediately adjacent to a residential zone shall be designed so that the loading and unloading of trucks is screened from that portion of the zone by the building. Dock orientation is prohibited on the side of the building facing the immediately adjacent residential zone.
(2) Lighting. Any outdoor lighting is shielded so that the source is not directly visible from the residential zone and the lighting is directed down and away from the residential zone. [Ord. 12-12 § 1; Code 1971 § 10-21-040.]
10.105.050 Off-street parking and loading.
Off-street parking and loading shall be provided as specified in Chapter 10.40 SCC unless the Planning Commission requirements exceed those of Chapter 10.40 SCC. [Ord. 12-12 § 1; Code 1971 § 10-21-050.]
10.105.060 Signs.
Signs permitted in this zone shall be those allowed in industrial zones by Chapter 10.45 SCC. [Ord. 12-12 § 1; Code 1971 § 10-21-060.]
10.105.070 Special provisions.
(A) Landscaping. All lots, parcels, or sites shall have a minimum 15 percent of the total area landscaped, including all required front yards, and permanently maintained in good condition.
(1) Turfgrass is not to exceed 15 percent of the total landscaped area.
(2) No turfgrass in parkstrips.
(3) Drip irrigation only in landscape areas less than eight feet wide.
(B) Industrial Performance Standards. The following performance standards are intended to ensure that all industries will provide reasonable modern control methods to protect the City from hazards and nuisances; to set objective, quantitative standards for the maximum tolerated levels of frequently hazardous or annoying emissions; and to protect any industry from arbitrary exclusion or persecution based solely on the characteristics of that type of industry’s past uncontrolled operation.
(1) General.
(a) No land or building devoted to uses authorized by this chapter shall be used or occupied in any manner that violates subsection (B)(2) of this section.
(b) Traditional practices are allowed to support each specific type of business. This includes, but is not limited to, transportation, hours of operation, maintenance, etc.
(c) In addition to meeting other application requirements for site plan approval or a conditional use permit, parties seeking approval for a neighborhood services zone use shall include in the application a description of the proposed machinery, products, and processes to be located at the development. If, in its opinion, the proposed use may violate subsection (B)(2) of this section, the Planning Commission may refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in subsection (B) of this section. Such consultant shall report as promptly as possible. A copy of such report shall be promptly furnished to the applicant. The cost of such expert report shall be borne by the applicant.
(d) Within 20 days after the Commission receives the aforesaid application or report, if a report was required, or within such period as agreed to by the applicant, the Commission shall determine whether reasonable measures are being employed to assure compliance with the applicable performance standards. On such basis, the Commission may approve or refuse to approve the use or may require a modification of the proposed plans, construction specifications, device or operation, and shall so inform the Building Official.
(e) Any approval so issued shall evidence only that reasonable measures are being taken. It shall not relieve the applicant of the responsibility of meeting such standards when the business is actually in operation; and, in case of a failure to perform in accordance with standards, whatever additional devices or modifications in process shall be necessary to achieve full compliance with the standards shall be the sole responsibility of the applicant.
(f) The Land Use Administrator shall investigate any purported violation of performance standards as set forth in subsection (B)(2) of this section; and, if necessary for such investigation, may request that the Planning Commission employ qualified experts. If, after public hearing and due notice, the Planning Commission finds that a violation has existed or does exist, it shall order the Land Use Administrator to serve notice that compliance with the performance standards must be achieved within a specified period of time or the business will be shut down. Should a violation of performance standards occur, the Planning Commission may order the offending plant to cease operation until proper steps are taken to correct the conditions causing the violation. The service of any qualified experts, employed by the Planning Commission to advise in establishing a violation, shall be paid by the violator if said violation is established, otherwise by the City.
(2) Performance Standards. The determination of the existence of any of the following elements shall be measured at the lot line of the establishment or use.
(a) Noise. No use shall emit or cause the emission of sound from a stationary source or ground transportation creating a ninetieth percentile sound pressure level (L90) for any measured period (not less than 60 minutes) that exceeds 70 dB(a) from 7:00 a.m. to 10:00 p.m. or 55 dB(a) from 10:00 p.m. to 7:00 a.m.
(b) Vibration. No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernible without instruments specified in subsection (B)(2) of this section.
(c) Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air at the points of measurement specified in subsection (B)(2) of this section or at the point of greatest concentration. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.
(d) Glare. No direct or sky-reflected glare, whether from flood lights or from high temperature processes such as combustion or welding or otherwise, shall be permitted to be visible at the points of measurement specified in subsection (B)(2) of this section. This restriction shall not apply to signs or lighting of buildings or grounds for advertising or protection otherwise permitted by the provisions of this chapter.
(e) Fire and Explosion Hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices as required by the Uniform Fire Code, Uniform Fire Code Standards, and Life Safety Code.
(f) Air Pollution. No particulate or gaseous pollutants shall be emitted into the air in violation of the Utah Environmental Quality Code, its amendments, or resulting regulations.
(g) Liquid or Solid Wastes. No discharge at any point into a public sewer, public waste disposal system, private sewage system, or stream, or into the ground shall be allowed contrary to the Utah Environmental Quality Code, its amendments, or resulting regulations. [Ord. 22-08 § 1 (Exh. A); Ord. 12-12 § 1; Code 1971 § 10-21-070.]