HomeMy Public PortalAboutORD11075 ® BILL NO. 88-42
SPONSORED BY COUNCILMAN SCHEULEN
ORDINANCE NO. D ��
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING
ORDINANCE 9598, AND ALL AMENDMENTS THERETO, THE ZONING ORDINANCE,
AND ENACTING A NEW ORDINANCE RELATING TO THE SAME SUBJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Ordinance No. 9598, the Zoning Ordinance, and
all amendments thereto, are repealed and a new Chapter 31 of the
Code of the City of Jefferson, Missouri, pertaining to the same
subject, is hereby adopted, to read as follows:
avay It 31
Am= I. Tn%E, INTENT, PURPOSE AMID ITI(�1S
Sec. 31-1. Short Title.
These regulations may be referred to as the "Zoning Ordinance."
Sec. 31-2. intent and Purpose.
(a) These regulations have been based upon the comprehensive plan for
the City of Jefferson, which was adopted on November 3, 1969, the Supplement
to the Comprehensive Plan which was adopted on September 18, 1978, and the Land
Use Plan which was adopted on March 13, 1986. Said comprehensive plans include
estimates of population growth, land use surveys, a lee d use plan, plans for
major thoroughfares, other trmnsp=tation facilities, community facilities,
public services and utilities, and a capital iiiVrovatent program.
(b) Need for public services and facilities in both size and location
depeix3s upon the character and intensity of laud use. Regulation of the use
of land is thus fundamental to a coordinated optimum physical development of
the oommmrnity. The land use regulations are intended to be the foundation of
the entire process of improvement of the physical environment.
(c) The regulations are intended to preserve and protect existing
property uses and values fiat adverse or nonhanmonious adjacent uses.
® (d) The land use regulations divide the City into a nuts of zoning
districts.
(1) Because of poor drainage, steep slopes and natural oonditioans, some
land areas should be kept in their natural. state. These would be
placed in a Oonservation District.
(2) The comprehensive plan included careful estimates of the land area
requirements for the various land uses such as commercial,
residential, industrial, transportation, and public uses. These
urban u es should be directed into that land area where they may
be most efficiently served by public services and facilities such
as sewers, water, schools, parks and the like. Remaining lands
should be reserved for rural uses. C7onsequently the regulations
include a Rural District for non-urban land uses.
(3) In the past, residential neighborhoods have deteriorated because
they were invaded by small isolated commercial er+cial uses and by more
intensive residential uses such as duplexes or apartment buildings.
The great majority of the population desires to, and does, live in
single family hones which they own and which are located an fairly
large lots. The regulations establish residential districts
designed to provide maxinmun protection for single family hates.
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® (4) Other residential districts are established for two-family homes
and for medium and high density multiple family residential uses.
Density, yard and parking regulations ensure good living conditions
in these areas. Much of present day building is by large projects
instead of lot by lot. The regulations provide for "pimmied unit
developments" which may be located in certain districts when an
approved site plan conforms with the overall density standards of
the district. This introduces an important measure of flexibility
into the regulations.
(5) Commercial districts allow for the different types of commercial
areas that are needed by the future growth of the ccn m z ty. There
is a zonirx3 district for conv*=cial offices to meet the office space
needs of the City and a district for neighborhood oo mmerciai areas,
(i.e., the grocery sbor oomplex serving the adjacent
residential neighborhoods). A general commercial district is
provided for the more widely used commercial areas along major
streets and highways. There is a central commercial district for
the dornmto m area and a special "planned district" for the shopping
centers.
(6) For industry there are three districts - a "light" industrial
district for non-cobnoxious manufacturing, a logenaral" or
unrestricted industrial district and a "planned industrial"
district.
® (7) Certain planned districts are provided. These districts are to
encourage unified developments, to minimize adverse impacts on
adjacent lands and to provide a greater flexibility in the design
of buildings and building complexes that would not otherwise be
possible through the strict application of district regulations.
(A) The regulations are reasonable in relation to existing conditicns.
Yard dimensions are adjusted to peculiarities of existing lots.
Lots that are now too small may be used. Non--conforming uses are
permitted to continue.
(9) All uses are required to provide their awn off-street parking (with
a few exceptions). Enforcement of this requirement will enable
streets to be used primarily for traffic movement.
(10) Each of the regulations has been designed to work harmoniously with
the others with the totality providing that minimum degree of land
use control essential to the realization of the cptinmn urban
envirounernt.
Sec. 31-3. Definitions.
(a) Flor the purpose of this chapter certain teams are hereby defined.
Words used in the present tense shall include the future; the singular number
shall include the plural and the plural the singular; the word "building" shall
include the word "structure" and "premises"; the word "shall" is mandatory and
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riot directory; the wends "used" or "uoeupied" include the word "intended",
® "designed" or "arranged to be used cr occupied"; the word "lot" includes the
words "plot" or "parcel"; and the word "person" includes a firm, association,
organization, partnership, trust, company or corporation as well as an
individual. Any word not herein defined shall be as defined in any recognized
standard English dictionary.
Accessory Building. A subordinate building, the use of which is
incidental to and customary in oonmect ion with the principal building or
use and which is located on the same lot with such principal building or
use.
Accessory Structure. A subordinate structure, the use of which is
incidental to and customary in connection with the principal building or
use and which is located on the same lot with such principal building or
use.
Accessory Use. A subordinate use which is incidental to and cusbcmary
in connection with the principal building or use and which is located on
the same lot with such principal building or use.
Agricultural Activity. Agricultumi activity, including forests and
forest products, harvest and management, dairy farming, livestock grazing
and pasturage, truck gardening, the raising of crops, fruit and nursery
stock, fish farms, animal kennels and fur bearing animal farms, and the
harvesting, processing, pact caging, packing, shipping, and selling of
products produced on the premises, and incidental farm occupations and
® uses such as machinery, farm equipment and domestic repair and
construction, excluding eonnercial feed lots.
All. A public or private thoroughfare which affords only a secondary
means of access to abutt ng property.
Alternate Energy Collectors. Panels, windmills, or other devices used
to collect energy from the sun, wind or other natural energy source. For
purposes of this chapter detached alternate enez.-gy collectors shall be
considered as an Accessory Building.
Amusement Center. A place in which games including, but net limited to,
pinball machines, electronic video games, table games and billiard tables
are made available for use by the public.
Apartment. A building designed for or occupied exclusively by two or more
families residing in separate living units.
Apartment, Efficiency. An apartment building where each individual living
unit contains not more than 550 square feet.
Apartment, Garden. An aparment building located on a lot either singly
or together with other similar apartment buildings which are well
landscaped and where the total ground floor area of which does not exceed
twenty-five percent of the area of the lot.
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Automobile Repair Shoe• Any premises used for paint and body work, tire
sales and service, or the equipping, servicing or repairing of motor
vehicles, including the rebuilding, replacing and the installing of
motors, transmissions, drive trains, exhaust systems, upholstery, brakes
and radiators, but not including the dismantling or extended storage of
wrecked vehicles nor tine recapping establishments.
Automobile Service Station. Any premises used for the sale at retail of
vehicle fuels, oils or accessories, or for the servicing, lubricating or
making mirror repairs to motor vehicles including the installation of parts
and accessories, but not including the rebuilding or replacing of motors,
nor auto painting and body work, nor the open storage of rental vehicles
or trailers.
Basement. A story having part but not more than one-half of its height
below grade. A basement is counted as a story for the purpose of height
regulations if subdivided and used for dwelling purposes other than by
a janitor employed on the premises.
® A
FINISHED GRADE
B
BASEMENT WHEN 'A' IS GREATER THAN 'B'
Board. Means Board of Adjustment established in Sectiorn 31-80.
A building, other than a hotel or apartment hotel, where
for compensation and by prearrangement for definite periods, lodging,
meals, or lodging and meals are provided for three or more persons.
Buildir Any structure having a roof supported by columns or walls for
the shelter or enclosure of persons or property.
Building, Height of. The vertical distance from the grade to, (a) the
highest point of a flat roof, (b) the dock line of a mansard roof, or
(c) the average height between eaves and ridge for gable, hip, and
gambrel roofs.
4
IINII11 ' N
11 /
Ik111
11 1 N
111111
Ty 11
11
Buildable Width. The width of the lot left to be built upon after the
side yards are provided.
Cellar. That part of a building having ncx than aye-half of its height
low the average grad of the a4Joining ground•
A
FINISHEO GRADE
B
CELLAR, WHEN 'B' IS GREATER THAN 'A' OR
WHEN '1' IS EQUAL TO 'A'
City(. Means City of Jefferson City, Missouri.
Clinic. An establishment where patients are not lodged over night but
are i&dtted for examination and treatment by a group of physicians or
dentists practicing medicine together.
Club. Buildings and facilities awned or operated by a carporaticn,
esscciaticn, perem or persons for a social, educational, or recreational
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purpose, but not primarily for profit and not primarily to vender a
service which is customarily carried on as a business.
Common Open Space. An open space area within or related to a developed
site, and designed and intended for the use or enJoyment of residents and
owners of the development. Cannon open space may at times contain
complementary recreational structures and imr�-ivem.ants for the use and
enj%ment of residents and owners of the development, as may be approved
under a planned-unit or similar plan.
Condominium Development. A develcpnent in which individual ownership in
fee is restricted to that which is within the walls or designated bounds
of a unit, and collective ownership applies to all other land and
facilities bmian d the individual units. A residential structure in a
condominium development is: (1) a single family dwelling if the structure
contains one dwelling unit; (2) a two family dwelling if the structure
contains two dwelling units; (3) an apartment if the structure contains
two or ,Kr duelling units; or (4) a multiple dwelling if the structure
contains three or more dwelling units.
Conditional Use. A use allowed in a zoning district after a permit is
granted by the Board of Adjustment acoosding to previsions of Section 31-
80.
Camrercial Feed Lot. An area of land devoted to raising and feeding of
livestock where the operation is not a part of normal agricultural.
activity.
Commission. Means City Plaruiing and Zoning Cmudssinn of Jefferson City,
Missouri.
Council. Means City Council of Jefferson City, Missawi.
Court. An open space more than one-half surrcxmded by buildings.
Day Care. The care of a child away from his own home on either a
commercial or vial basis for custodial, educational, religious
or other purposes for any part of a 24-hoar day, providing that nothing
herein contained shall be construed as applying to -the regularly
established public or parochial schools, colleges, universities, academies
or seminaries.
Day Care Center. A facility other than the provider's permanent
residence, or separate from the provider's living quarters, where care
is provided for children for any part of the 24-hour day.
Day Care Home. A family home, occupied as a permanent residence by the
day care provider, in which family-like care is given to mare than four
(4) children but not more than ten (10) children, not related to the day
care provider, for any part of the 24-hour day.
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® Director of Planning. The Dixw for of the Department of Plamiing and (bde
Enforoem t of Jefferem City and/or his duly authorized representative.
Director of Public Works. The Director of the Depaurbnent of Public Works
of Jefferson City or his duly authar3zed rotative.
District. Means a part of the City wherein regulations of this chapter
are uniform.
Duplex. Same as Dwelling, Two Family
Dwell Any building or portion thereof which is designed and used
exclusively for residential purposes.
Dwelling, Single Family. A building designed for or died exclusively
by one family.
Dwelling, Two Family. A building designed for or occupied exclusively
by two families.
Dwelling, Multiple. A building designed for or occupied exclusively by
three or more families.
Dwelling Unit. One or more rooms in a dwelling occupied or intended to
be occupied as separate living quarters by a single family as defined
herein.
Family. One or more persons related by blood, marriage, or adoption,
ooaupying a dwelling unit as an individual housekeeping organization.
A family may not include more than two persons not related by blood,
marriage or adoption.
Farm. See Agricultural Activity.
Fence. A structure for enclosure or screening, provided however, the
following shall not be ca-isidered as fences under this definiticn:
1. A fenced enclosure which is completely covered by a roof.
2. Protective screens or bars over windows, doors and other
openings attached securely to the walls of a building and not
extending more than three inches from the wall to which they
are attached.
3. Any structure located in a completely enclosed building.
Floor Area. The square feet of floor space within the outside line of
walls and includes the total of all space cn all floors of a building.
It does not include porches, garages, or spans in a basement or cellar
when said basement or cellar space is used for storage or incidental uses.
.
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Frontage. All the property on one side of a street or highway between
two intersecting streets (crossing or terminating) or for a distance of
400 feet on either side of a proposed building or structure, measured
along the :line of the street, or if the street is dead-ended, then all
of the properly abutting on one side between an intersecting street and
the deadend of the street, but not including property more than 400 feet
distant on either side of a proposed building or structure.
Garage, parking. A garage, other than a private or storage garage, which
is used for the short-term parking of vehicles.
Garage, private. A detached accessory or portion of a main building
housing the automobiles of the occupant of the premises, but not
connercial vehicles.
Garage, Storage. Any garage used for the storage of vehicles.
Grade. The average level of the finished surface of the ground adjacent
to the exterior walls of the building.
Group Home for Handicapped. A residential facility for the
developmentally disabled where meals, lodging, supervision and training
are provided.
Halfway House. A place where parsons are aided in readjusting to society
following a period of imprisonment, hospitalization or institutionalized
treatment.
Halfway House, Penal. One or more resident is: (1) on probation; (2)
on parole; or (3) participating in a penal institution's pose-release
program.
Halfway Ham, Non-penal. No resident is: (l) on probation; (?.) on
parole; or (3) participating in a penal. institution Is pre-release program.
Home Occupation. Any occupation or profession carried on by a amber of
the immediate family, residing on the premises, in connection with which
there is used no sign other than a name-plate, not more than one (11 )
square foot in area, and no display that will indicate from -the exterior
that the building is being utilized in whole or part for any purpose other
than that of a dwelling; there is no commodity sold upon the premises
except products (1) which are purchased by a customer using the services
provided by the home occupation and that are incidental to the services
provided, and (2) products which are prepared on the premises; no person
is employed other than a member of the immediate family residing on the
premises. The name-plate sign shall be a non-illuminated sign, shall be
attached flat against the building in which a home occupation is being
conducted and shall be located within three linear feet of the entrance
to the building. A home, occupation shall not be detrimental or injurious
to adjoining property. A hone occupation shall never be permitted as a
principal use, but only as a secondary use.
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® Hotel. A building in ;�Ach lodging is provided and offered to the public
for oat msatian, and which is open to transient guests in
contradistinction to a boardirgtxxm or lodging have as herein defined.
Institution. A non-profit establishment for public use.
Kennel. An establishment where small animals are boarded for
carper aticn, or where dogs are bred or raised on a commercial basis.
Landscaped Area. An area that is permanently devoted and maintained to
the growing of shrubbery, grass and other plant material.
Loading Space• A space within the main building or on the same lot for
the standing, loading, or unloading of trucks, having a minimum area of
540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet,
and a vertical clearance of at least 14.5 feet.
rbdgin3 or Pzcminq House. See boardinghouse.
Lot. A parcel of land occupied or intended for occupancy for a use
permitted in this chapter, including one main building together with its
accessory buildings, open spas and panting spaow required by this
chapter, and having its principal frontage upon a road or street.
l
STREET
® 2 LOT T ER CORNER
W
WIDTH INTERIOR
o LOT
0
J
KEY LOT W THROUGH
KEY THRO
Ix LOT
NE INTERIOR INTERIOR
LOi CORNER CORNER LOT
L07 LOT
STREET
Lot, Conner. A lot abutting upon two or more streets at their
intersections.
Lot, Depth. The main horizontal distance between the front and near lot
lines.
Lot, Double Fraitage. A lot having a frontage on two non-intersecting
roads, as distinguished from a corner lot.
Lot, Interior. A lot other than a canner lot.
Lot, Width. The width of a lot at the front yard line.
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I
I
IRINCI►Al
BUILDING
THE CREATION OF A
SECOND LOT AS DESCRIIED
BY THE SHADED AREA IN
THIS DIAGRAM IS PROHIBITED
PROPOSED
SECOND PRINCIPAL
BUILDING
Lot of Record. A lot or parcel of land the plat or deed of which has been.
recorded prior to March 17, 1981.
Mobile Home. A transportable structure built on a chassis and designed
to be used as a dwelling with or without a peananent fou ndatiaz when
camected to the required utilities.
Mobile Hone Court. An area where one or more inhabited mile homes or
trailers can be or are intended to be parked.
Nodular Dwelling. A factory-fabricated transportable building unit
designed to be used by itself or to be incorporated with similar units
at a building site into a filar structure. Tha term is intended to
include maJor assemblies and does not include prefabricated panels,
trusses and other prefabricated sub-elements which are to be incorporated
into a structure at the site.
Motel, Motor Court, Molb= Lodge, or Tourist Court. Any building or group
of buildings containing guest rooms or dwelling units, some or all of
which have a separate entrance leading directly from the outside of the
building with garage or parking space conveniently located on the lot,
and designed, used, or intended wholly or in part for the accomiodation
of automobile transients.
Multi-family Dwell. Same as Dwelling, Multiple
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Name Plate Sign. A non-illuminated sign, not more than one square foot
in area, which is attached flat against the building in which a ham
occupation is being conducted.
Ncn Use. The lawful use of land or a building, or a portion
thereof, which use does not conform with the use regulations of the
district in which it is located.
Nursery. An area devoted to the raising and care of trees, shrubs or
similar plant materials.
Nursing bane. A hone for the aged or infirm in which three or more
persons not of the immediate family are reoeived, kept or provided with
food and shelter, or care for compensations: but not including hospitals,
clinics, or similar institutions devoted primarily to the diagnosis and
treatment of the sick or injured.
Cpen Area. That past of a lot not covered by a building or used as a
parking area with the exception that an accessory building or parking
garage roof area may be counted as open area provided it is no greater
than two stories above the street level elevation on which the primary
project building or buildings front.
Parking Space. A sum-faced area, enclosed or unenclosed, sufficient in
size to stone one automobile rot less than nine feet wide and twenty feet
long, together with a driveway ccramectiryg the parking space with a street,
road or alley and permitting ingress or egress of that aubanobile without
the necessity of moving any other automobiles. The last stipulation of
this definition requiring the ingress or egress of an automobile without
the necessity of moving any other automobile is not applicable to parking
spaces provided for single faQmmi.ly and two family dwellings.
Premises. A lot together with all buildings and structures thereon.
Residential Care Facility for the Elderly. A building where, for
compensation, meals, lodging and care are provided for individuals who
are at least 60 years of age. At least one came provider shall be on duty
at all times but this individual need not be a registered nurse.
Satellite Receiving Dish. An earth station antenna which receives and
amplifies television, radio, business data and/or teleoamrmnzicaticns from
satellites. For purposes of this chapter, a satellite receiving dish
shall be considered as an accessory structure.
Semi-Public. A place in which the services rendered or operations
performed are of a public nature although the establishment is not
operated or owned by a public agency. Example: Salvation Army, Y.M.C.A.
Standard Tree. A standard tree is a tree with a minimum caliper of 2 1/2
inches, 6 to 8 feet high, of a deciduous hardwood variety normally capable
of attaining a 25 foot spread when the tree is 20 years old.
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Standard. A standard ebrub is any bush or small evergreen tree
occupying a space of at least 18 cubic feet.
Street. A public way which affords the principal mews of access to
abutting property.
Street Centerline. The street centerline is a line halfway between the
street lines.
Street mine. A dividing line between a lot and a contiguous street.
Structure. Anything oonstnaated or erected with a fixed location on the
ground, or attached to something having a fixed location on the ground.
Among other things, sticuctures inob buildings, walls, fences, and
signs.
Structural. Alteration. Any change, other than incidental repairs, in the
supporting members of the building, such as bearing walls, oolumns, beans
or girders.
Tourist Home. An establisihnent used for dwelling des in which zoom,
with or without meals, are offered to transient guests for ocmpemsation.
Town Haase. A building that has one-family dwelling units erected in a
row as a single building on adjoining lots, each being separated from the
adjointng unit or units by a masonry party wall or wails extending from
the basement floor to the roof along the dividing lot line, and each such
building being separated frc n any other building by space on all sides.
Trailer or Mobile Home. See Mobile Home.
® Trailer or Mobile 1-k me Court. See Mobile Hone Ckxwt.
Unenclosed Storage. An area outside of a building which is used for the
storage of usable goods and materials but not for the storage of trash
or other discarded material. The area shall be kept in a neat and orderly
manner but need not be paved nor fenced.
Yard. An open spars, other than a court on a lot, unoccupied and
unobstz noted from the ground upward, except as otherwise provided in this
chapter. STREET FRONT LOT LINE OR
STREET LINE)
FRONT YARD
_ FRONT_YARD_LINE)
(OK LDG. SETIACK LINE) SIDE YARD LINE)
` SIDE YARD LINE
S INTERIOR LOT)
s
r
0 I W
N I N
I
►"(REAR YARD LINE) L
REAR YARD
REAR LOT LINE)
® Yard, Ftnnt. A yard across the full width of the lot extending ftc= the
front line of the main building to the fron line of the lot.
Yard, Side. A yard between the main building and the aide line of the
lot, and extending fram the front yard to the rear yard line.
Yard, Rear. A yard extending the full width of the lot. between a
principal building and the rear lot line.
Yard Width and Depth. The shortest horizontal distance frog a lot line
to the main building.
Secs. 31-4 - 31.9. Reserved.
ARTICLE II. DISTRICTS AM HOUNDARIM
Sec. 31-10. Districts.
(a) The City of Jefferson City is hereby divided into three types of
districts:
R District - Residential
C District - Commercial
M District - Industrial
(b) The three types of districts are further divided into the following
specific districts:
RU Rural
RC Conservation
RS-1 Residential
RS-2 Residential
RS-3 Residential
RS-4 Residential
RD Residential
RA-1 Residential
RA-2 Residential
C-0 office Commercial
C-1 Neighborhood Commercial
C-2 Genera]. Commercial
C•-3 Central Ommercial
C-4 Planned Commercial
M-1 bight Industrial
M-2 General Industrial
M-3 Planned Industrial
PUD Planned Unit Development
MH Mobile Home Residential District
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see. 31-11. District Boundaries.
(a) The boundaries of the district are shown upon the map attached
hereto and made a part hereof, which map is designated as the "District Atlas
Map.it The district map and all rotations, references and other information
sham thereon are a part of this Chapter and have the same force and effect as
if the district map and all the rotations, references and other, information
shown thereon were all fully set forth or described herein, the original of
which district map is properly attested and is on file with the City Clerk of
the City of Jefferson, Missouri.
(b) Whenever any street, alley or other public way is vacated by
official action of the City Council of the City of Jefferson City, the zoning
district adjoining each side of such street, alley, or public way shall be
automatically extended to the center of such vacation, and all area included
in the vacation shall them and henceforth be subject to all appropriate
regulations of the extended districts.
(c) All territory which may hereafter be annexed to the City of
Jefferson City shall automatically be placed in the most restrictive RS
Residential District or shall be zoned in accordance with the city Is annexation
plan of intent.
Secs. 31-11 - 31-15. Reserved.
ARTICLE III. GOAL PROV IS.IOM
Sec. 31-16. General Provisions.
(a) Except as hereinafter provided:
(1) No building shall be erected, converted, enlarged,
or structurally altered, nor shall any building or land be used
except for a purpose permitted in the district in which the
building or land is located.
(2) No building shall be erected, converted, enlarged,
or structurally altered to exceed the height limits herein
established for the district in which the building is located.
(3) No building shall be erected, converted, enlarged,
or structurally altered except in Conformity with the area
regulations of the district in which the building is located.
(4) The density and yard regulations of this chapter are minimum
regulations for each and every building existing at ti-a
date of this chapter and for o any building hereafter erected or
structurally altered. No land required for yards or other open
spaces about an existing building or any building hereafter erected
or structurally altered shall be considered a yard or lot area for
more than one building.
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(5) Every building hereafter erected or structurally altered stall be
located on a lot as herein defined and in no case shall there be
more then one main building on a lot except as otherwise provided
in this chapter.
(6) No building shall be erected, used, converted, enlarged, or
structurally altered unless the premises conform to all off-street
parking and loading regulations of this chapter.
(7) All inhabited mobile homes or trailers shall be located in an
approved court as described in Section 31-74. No mobile home or
trailer outside an approved court, except those being offered for
sale and not inhabited, shall be connected to utilities.
Secs. 31-17 - 31-19. Reserved.
ARTICLE IV. USE REGEMATICNS
Sec. 31-20. District Itegulatians.
(a) In the following established districts, a building or premise shall
be used only for the following purposes:
(1) RU Rural District
® Permissive Uses:
a. Agricultural activity
b. Single family dwelling
C. Park or forest preserve
d. Church
e. Public school, elementary and high, or private school having
a curriculum equivalent to a public elementary or public high
school and having no roams regularly used for housing or
sleeping purposes.
f. Mobile home or trailer court in accordance with the provisions
of Section 31-74.
g. Golf course except miniature course or driving range.
h. Roadside stand for the display or sale of agricultural
products raised on the premises.
i. Greenhouse or nursery.
j. Group Home for the Handicapped meeting all of the conditions
specified in Section 32-20(a)(3) Permissive Uses, [e.].
conditional Uses:
a. Extraction of coal, sand or gravel
b. Airport
c. Public building erected by any governmental agency.
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d. Hospital, nursing home and educational, religious and
philanthropic institution an a site of not less than five
acres.
e. New cemetery on site of not less than twenty acres or
enlargement of existing cemetery.
f. Privately operated outdoor recreational facility, including
riding stable, lake, swimming pool, tenets court and golf
course on site of not less than five acres.
(2) RC Conservation District
Permissive Uses:
a. Agricultural activity, but not including a dwelling unit.
b. Park or forest preserve
C. Golf Course
d. Cemetery
Conditional Uses:
a. Enaction of coal, sand or gravel
b. Privately operated outdoor recreational facility, including
riding stable, lake, swhnTdng pool, tennis court and golf
course on site of not less than five ate.
c. Motel, resort and incidental facilities, including swLwdng
Pool, restaurant, incidental retail sales and services, and
persoinal services on site of not less than one acre, provided
they are protected from flooding.
d. Guest rarr-h, huntjrxj and fishing resort, ski resort and
incidental facilities, including stdmang pool, restaurant,
incidantal retail sales and services and personal services,
on site of not less than twenty acres, provided they are
protected from flooding.
e. Marina, yacht club, boat house or bait shop.
f. Barge docking - defined as a permanent structure principally
constructed fron steel and/or concrete extending riverward
with not less than 100 linear wall feet, said structure to
be permitted by U. S. Corps of Engineers and specifically
designed for the mooring and unloading or standard Missouri
River cargo barges.
g. Warehouse accessory to a barge docking facility for storage
of barge shipments on a site of at least forty (40) acres
provided that:
1. Building coverage will not be greater than 2.5$ of the
total site.
2. All storage of materials and handling equipment will
be enclosed within the warehouse.
3. In order to protect the view of the Missouri River and
the flood plain, an irreplaceable natural resource of
the City, the Board of Adjustment in addition to the
general authority provided in Section 31-80, shall not
16
appirove a Use Permit for an accessory
warehouse in the RC (conservation) district unless it
finds that:
a. The building and facilities will be sited so as
to cause minimum visual impact from the State
Capitol and the City.
b. The building and parking areas will be screened
with shrubs and trees.
C. All building access points and all parking areas
will be screened from the Capitol and the City
by the building itself or appmapriate landscaping.
d. No signs will be permitted except inf=wtional
signs with an aggregate total area of 1.5 square
feet at any one location.
e. Outside lighting shall be limited to the mini=m
amount required for safety and security and shall
be directed downward and not across the river.
f. Building material and colors used on the building
will blend in with the landscape and minimize
visual impact of the structure.
g. Building height shall not exceed twenty-eight
(28' ) feet above the average grade of the
surrounding terrain.
(3) RS-1, RS-2, RS-3 and RS-4 Residential Districts
® Identical uses are permitted in each of the four RS Residential
Districts. Differences in these districts are in the density
requirements. (Refer to Section 31-50. )
Permissive Uses:
a. Single family dwelling
b. Public park or playground
C. Public school, elementary and high, or private school having
a curriculum equivalent to a public elementary or public high
school and having no roans regularly used for housing or
sleeping purposes.
d. Golf course, except miniature course and driving tees operated
for commercial purposes.
e. Group Hans for the Handicapped meeting all of the following
oanditions:
1. Not more than eight mentally retarded or physically
handicapped persons plus not more than two additional
persons acting as houseparents or guardians shall reside
in the group home.
2. The exterior appearance of the group home and property
shall reasonably conform to exterior appearance of other
dwellings in the immediate vicinity.
17
Nam
3. A group bane shall not be located closer than 400 feet
to any other group hone.
f. Church
Conditional Uses:
a. Privately operated lake, swimming pool, or tennis court on
site of not less than five acres.
b. Public building erected by any governmental agency-
C. Parking lot located within 300 feet of a C or M district.
d. Day care home.
e. Day Care Center when operated by a church on church premises
f. Greerkxxme or nursery
g. Private club, fraternity, sorority, or lodge, excepting when
the chief activity of which is a service customarily carried
on as a business.
h. Hone occupation.
i. The following uses on a site of not less than five acres
provided not more than 50 percent of the site area shall be
occupied by buildings, and further provided that the buildings
shall be set back from all required yard lines an additional
foot for each foot of building height'
1. Hospital or sanitariums, except not a criminal, mental
or animal hospital.
2. Institution, including religious institution, not-for-
profit institution, and institution supported by charity
and having interest only in the welfare of humanity,
but not a penal or mental institution.
3. Nursing, rest or convalescent home.
4. Grasp home for handicapped not meeting all conditions
of Section 31-20(a)(3) Permissive Uses [e.].
J. Two family hone in those locations there on the effective date
of this chapter more than 40 percent of the frontage on one
side of a street between two intersecting streets is used for
two family homes or two family homes and multiple dwellings.
k. Private recreational facility where buildings do not cacugy
more than 10 percent of the site area.
1. Church parking lot when not on same property as the church
building under the following conditions:
1. The required yard setbacks of the district in which the
lot is located shall be followed;
2. The parking area shall not extend a greater distance
than 500 feet from the lot upon which the church is
located:
3. If lighting is provided for such parking area, such
lighting shall be hooded to contain direct rays within
the parking areas;
4. The parking lot drainage shall be approved by the Public
Works Department;
18
5. The Farkinq area shall be screened from RS and RD
ply by fencing, planting screens or earth berms
appropriately landscaped;
6. The parking area shall be Improved in accordance with
the paving and landscape requirements of this chapter,
and
7. The lot shall be used only for the parking of passenger
cars.
M. residential Care Facility for the Elderly
(4) RD Residential District
peemissive Uses:
a. Any permissive use of the RS District
b. Two family dwellings
caondi t;ional Uses:
a. Privately operated lake, swimming pool, or tennis court on
site of not less than five acres.
b. Public building erected by any govexrnmental agency.
C. Parking lot located within 300 feet of a C or M district.
d. Day care home and day care center
e. Greenhouse or nursery.
f. Private club, frat=nity, sorority, or lodge, emepting wrier►
the chief activity of which is a service customarily carried
on as a business.
g. Ham occupation.
h. Same as Section 31-20(a) (3) Conditional Uses [i.] except yard,
area, and lot coverage requirements shall be the same as the
requirements for any other main building located in the RD
District.
i. Church parking lot when riot on same property as the church
building under the same conditions specified in Section 31-
20(a) (3) Conditional Uses (1.)
j. Residential Care Facility for the Elderly
(5) RA-1 Residential District
Permissive uses:
a. Any permissive use of the RD District.
b. Multiple dwelling, including townhouses, rotir houses, triplex,
four plex and other similar apartment types. There shall be
a minimum of 2,500 square feet of lot area per family for
multi-family dwellings. Buildings shall be well landscaped
and the total ground floor area of the building(s) shall not
exceed 25% of the area of the lot. (Refer to Section 31-50
for additional density requirements) .
19
QocxDitiacl Vies:
a. Any ooxiitional use of the RD District.
(6) RA-2 Residential District
ParmissiVe Uses:
a. Any pennissive use of the RA-1 District.
b. Multiple dwelling with minimum of 1,500 square feet of lot
area per family for multi-family dwellings. (Refer to Section
20.A. for additional density its).
Qonditianal [rises:
a. Any c--d-itional use of the RD district.
b. Medical clinic.
C. Tourist home when located on an officially designated State
or Federal Highway.
d. Rooming house or boarding house.
e. Professional and business offices in which no activity is
carried on catering to retail trade with the general public
and no stock of goods is maintained for sale to customers.
These shall include, but not be limited to, offices for
goverrnnrital agencies, lawyers, doctors, insurance, real
estate, architects and engineers.
® f. Halfway House, Penal
g. Halfway House, Non-penal
h. Bed and Breakfast Inn
(7) C-0 Office Oarmmcial District
Permissive Uses:
a. Any permissive use of the RA-2 district except residential
Uses.
b. Offices [same as RA-2 Qxiditicnal Uses (6) [e.].
C. Medical and dental offices and clinics.
d. Hospital or sanitarium, but not a criminal, mental or animal
hospital.
e. Cultural facilities such as art galleries, museums, theatres,
(not motion picture theatres) and concert halls.
f. Private club, fraternity, sorority or lodge.
g. Institution, including religious instituiton, not-for-
profit institution, institution supported by charity
and having interest only in the welfare of humanity,
but not a penal or mental institution.
h. Automobile parking lot or parking garage.
Conditional Uses:
a. Day care hone, day care center and private school.
20
rn
® b. Industrial or medical research facilities.
C. Nursing, rest, convalesoent or group home for the
handicapped.
d. Apartments, rooming house or boarding tomes.
e. Bed and Breakfast Inn
f. Residential Care Facility for the Elderly
g. Residence, when located on the second story or above.
(8) C-1 Neighborhood Commercial District
Permissive Uses:
a. Any permissive use of the C-0 district
b. Bank or financial institution
tailoring, sboe repairing, repair of housetold
appliances and bicycles, catering and bakery with sale of
bakery products on the premises and alligr uses of a similar
character.
d. Mortuary
e. Personal service uses including barber shop, beauty parlor,
phat�ographic
or art studio, messenger, taxicab, newspaper or
telegraph office, laundry or dry cleaning riving station,
and other uses of a similar character.
f. Retail store, in connection with which there shall be no
slaughtering of animals or poultry, nor commercial fish
cleaning and processing on the premises.
g. Restaurant, not including drive-in restaurants.
h. Theatre, not including drive-in theatre.
i. Self-servicing laundry or cleanirij establishment.
J. Grew*x m when a part of a retail sales establishmmment.
itianal Uses:
a. Day care home, day care center and private school.
b. Automobile service station.
C. Laundry, cleaning, pressing or dyeing establishment.
d. Tire sales and service.
e. Printing or publishing establishment.
f. Upholstery or electrical equipment repair shops or other
-repair establishments of a similar character.
g.
Construction contractor shop jncludir�g, but not necessarily
being limited to, plumbing, electrical, sign, painting,
building, mechanical, sheet metal, foundation, cabinet making
or roofing ocotracbor's shop.
h. Welding or machine shop.
i. Open, unenclosed storage when said storage is directly
associated with and is located on the same lot with a C-1
Permissive or CJonditional. Use.
J. Hotel or motel.
k. Residence, when located on the second story or above.
1. Bar or tavern.
21
m. Nursing, rest, convalesoent or group home for the
n. Apartment, roaming house or hoarding home.
o. Bed and Breakfast Inn
Pe Residential Care Facility for the Elderly
q. Wheel alignment shop
r. Car wash
(9) C-2 General Oommercial District
Pesmissive Uses:
a. Any permissive use of the C-1 and C-3 districts.
b. Autotmobile or trailer display and salesroom.
C. Display and salesroom.
d. Drive-in restaurant.
e. Farm implements, sale and repair.
f. Farm sboare or feed stoats, including accessory storage of
liquid or solid fertilizer.
g. Milk distributing station.
h. Veterinarian or animal hospital.
i. Used car, trailer or boat sales or storage lot.
j. Mobile home or trailer cunt in accordance with the
provisions of Section 31-74.
k. Ocnditional Uses [c.] thru. [h.] of the C-1 District.
1. Roller skating or ice skating rink.
M. Bed and Breakfast Inn
n. Residence, when located on the second story or above.
o. Wheel alignment shop.
P. Car wash.
q. Wrecker service.
r. Mobile hom9 sales lot.
a. Vehicle rental. establishment.
Conditional Uses:
a. Drive-in theatre.
b. Lumberyard.
C. Commercial reareaticnal uses such as water slides and
miniature golf courses.
d. Bakery.
e. Bottling works.
f. Wholesale establishment or warehouse including self-storage
mini-wmvhouse. with all storage to be in a completely
enclosed building.
g. Truck or bus terminal..
h. Nursing, rest, convalescent or group ham for the
handicapped.
i. Aparb mt, rooming hawse and boarding home.
J. Residential Care Facility for the Elderly.
k. Open, unenclosed storage when said storage is directly
associated with and is located cn the same lot with a C-2
22
® Permissive or Oocxittional Use, provided however, Permissive
Uses specified in Permissive Uses subsection [k.] above may
use up to 10% of the lot occupied by the establishment for
open, unenclosed storage without a Conditional Use Permit.
1. Kermels
(10) C-3 Central Commercial District
Permissive Uses:
a. Any permissive use of the C-1 District.
b. Retail trade establishments; such as apparel, accessories,
pharmacy, drinking and eating (but not drive-in restaurants).
food, furnitaire, hone furnishings, appliance and general
merchandise.
C. Business services such as acoountiig, auditing, bookkeeping,
advertising, employment agencies, duplication, addressing,
mailing, stenographic, blueprinting, phot000pying and
answering service.
d. Professional services such as legal, medical, dental,
laboratory analysis, architectural, engineering and marketing
research.
e. Personal and repair services, such as barber, beauty shop,
photographic studio, shoe repair, shoeshine parlor, hat
cleaning shops, cleaning, pressing, dyeing, garment repair,
fur repair, laum ry, laundry service, and interior decorating
service.
f. Irx3oor amusement and recreation establiduents except not
bowling alleys, indoor terrds courts and the like.
g. Transient lodgings, hotels, motels and inns.
h. Private schools, such as business schools, language schools,
dancing or music academies.
i. Day care home and day care center.
j. Nursing, rest, convalescent or group homes for the
handicapped.
k. Institution, including religious institution, not-for-profit
institution, and institution supported by charity and having
interest only in the welfare of humanity, but not a penal or
mental institution.
1. Banks, real estate, finance and insurance offices.
M. Laboratory, research, experimental, or testing facilities,
but not for the testing of dangerous chemicals or explosives.
no Printing, lithographing or publishing establishments for
newspaper, letterpress, business cards, mimeograph and other
similar job printing services.
o. Radio or television stations, but not radio or television
towers.
p. Multiple dwellings.
q. Residence, located on second floor or above.
r. Bed and Breakfast Inn.
s. Residence, when located on the second story or above.
t. Frozen food locker.
• 23
CoOdttianal UNW:
a. Nursing, rest, convalescent or group hams far the
handicapped.
b. Rooming house and boarditxl home.
c. Residential Care Facility for the Elderly.
(11) C-4 Planned Cam=-cial District
Refer to Article IX, Planned District Regulations.
(12) M-1 Light Industrial District
Permissive vases:
a. Any permissive use of the C-2 District except restrictions
on open storage shall not apply.
b. Drive-in theatre.
C. Lumberyard.
d. Bakery.
e. Bottling works.
f. Wholesale establishment or warehouse (including serf.-storage
mini-warehouse).
g. Truk terminal.
h. Contractors or storage yawl enclosed by a fence-
i. Manufacture of textile products, such as rugs, maw,
® pillows, quilts, millinery, hosiery, clothing and fabrics,
printing and finishing of textiles and fibers into fabric
J. Compounding of cosmeUcs, toiletries, drugs and
pharmaceutical products.
k. Manufacture or assembly of metal or fiberglass products, such
as boats, vehicles, farm equipment, auto cr machins parts,
satellite receivers, nails, bolts, nuts, screws and rivets,
ornamental iron products, firearms, electrical appliances,
tools, dies, machinery and hardware products, sheet metal
products and vitreous enameled p inducts.
1. Manufacture or assembly of medical and dental equipment,
drafting, optical and musical instruments, watches, clocks,
togs, games and electrical or electronic apparatus.
m. Preparation, processing, canning, or bottling of food or
beverage products, such as bakery pests, candy, wry
products and ice cream, fruit and vegetable, fish, meat and
poultry products.
n. Manufacture or assembly of wood products, such as boxes,
furniture, cabinets, baskets, and other wood products of
similar nature.
o. The above uses are permitted in the M-1 district as lcng as
the uses are not obnoxious or offensive due to emission of
noise, odor, dust, gas, smoke or vibration. No dwelling
24
iC
other than that for a resident watchman or OMVtaker eMPloyed
an the premises shall be permitted.
P. Tire Recapping.
Maditianal Wes:
a. Kennels.
(13) M-2 General Industrial District
Permi ssive Uses:
Any permissive or conditicoal use of the M-1 District.
Conditional Uses:
Any manufacturing or industrial trial use not included as a permissive
use of the M-1 district.
(14) M-3 Plarnned Industrial District
Refer to Article IX, Pimm-ad District Regulations.
Sec. 31-21. Acoessory Buildings and Uses.
(a) Accessory Buildings, Structures, and Uses are Permitted when in
Accordance with the following:
(1) In the RU, RC, RS, RD and RA Districts, Accessory Buildings,
S ructuras and Uses are limited to:
a. A non-commercial greenhouse that does not end in floor
area 25%- of the ground floor area of the main building.
b. A private resi-dential garage used only for the housing of
non-commercial passenger automobiles and with a floor area
not to exceed 450 square feet. An additional floor area of
200 square feet may be provided for each 3,000 square feet
of lot area by which such lot exceeds 6,000 square feet,
provided no garage shall exceed 1,000 square feet nor house
more than five such automobiles. [See Section 31-80(h)(3)d.
for variance provisions.]
c. How occupation.
d. Vegetable or flower garden.
e. Raising and keeping of small animals as pets, not on a
commercial basis or on a scale objectionable to neighboring
property owners.
• 25
f. Tarmis courba, swimming Pool, garden house, pergola,
ozzat ntal gate, barbecue oven, fireplace, and similar uses
customarily accessory to residential uses.
g. Storage building with a floor area not to emceed 200 square
feet. The storage building shall ba used only for the
storage of the oorupant's personal am. Materials
used in a business shall not be kept in the storage building.
h. Satellite receiving dish when installed in accordance with
Section 31-20(a)(3) below.
i. Alternate energy collector.
J. Children's playhauee and play equipment.
k. A half-bath, but not a full bathroom, may be installed in an
aooessoay building.
(2) There shall be the following additional regulations for Accessory
Buildings and Structures:
a. No accessory building or st ructiume shall be oohs b:ucted upon
a lot until the oonstxucti n of the main building has been
actually commenced, and no accessory building or structure
shall be used unless the main building on the lot is also
being used. However, nothing shall prevent the use of a
temporary construction shed or road wagon for the storage of
tools, material and equipment by a contractor during the
building constaruct:icn.
b. No accessory building or structure may be erected in front
of a main building unless the accessory building or structure
is attached to the main building by a common wail.
c. Accessory buildings may mt be used for dwelling purposes.
A kitchen shall not be installed in an accessory building.
(3) Satellite Receiving Dishes
a. Purpose and objective:
1. The intent and purpose of these zoning regulations are
stated in Section 31-2 of this chapter. in all zoning
districts, required front yards can only be used for
landscaping and off-street parking. Ponces having a
height of less than four feet are allowed in front
yards except such fences are not permitted in locations
where they could obstruct a driver's vision. No type
of antenna may be located in any required front yard.
The objectives of the front yard use rest lotions are
to provide open space for the admission of light, the
26
® circulation of air, and to give the City a visually
pleasing and spacious appcjWCOMS.
b. The following additional accessory structure regulations
shall be applicable to satellite receiving dishes in all
zoning districts:
1. A satellite receiving dish may be located in the rear
or side yards of a lot or on the roof of a building.
A satellite receiving dish may be exected not closer
than five (5' ) feet to a aide or rear lot line
irrespective of its distance from the main building or
the front street Line. This location stipulation shall
super+cede any conflicting provisions of Article VI.
Yard Requirements.
2. These regulations are applicable to all satellite
receiving dishes including those which may be mounted
on a trailer or other maveable device.
3. Where the ridge line of a building with a sloping roof
is parallel or nearly parallel to the front street
line, a roof mounted satellite receiving dish shall be
located to the rear of the ridge line. No part of a
satellite riving dish shall exceed the maximm
height limit established for the zaning district in
® which it is located.
4. A Building Permit shall be secured before a satellite
receiving dish is installed on any lot. The Director
of Plmni.ng shall, in accordance with the prc vi.s3.ons
of Section 31-83(b), require such plans and inspections
as deemed necessary to meet all appropriate safety
requirements.
(4) Building Permits and Yard Requirements.
a. Refer to Section 32-83(b)(2) for information an required
permits.
b. Refer to Article VI for information on required yards and to
Section 31-42(a)(8), (9), (10), and (11) for accessory
building yard exceptions.
Sec. 31-22. Fences.
(a) Regulations regarding fences shall be as follows:
(1) In the RU, RC, RS, RD and RA Districts:
a. No fence more than 30%- solid or more than three (3' )
feet high may be located within thirty (301 ) feet of
e 27
® he right-of-way line of W= ec 1.ing streets. (See
diagram on Page 34.)
b. F.saoept as provided in (a) above, fences having a height
of four (41 ) feet or less may be located on any part
of a lot.
c. Eooept as provided in (a) above, fences having a height
of six (6' ) feet or less may be erected on those parts
of a lot that are as far back or farther back from the
street than the front plane of the main building.
d. No bared wire or concertina wire shall be permitted
in the residential districts.
(2) In the regular C and M districts:
a. No fence more than 30% solid or mire than three (31 )
feet high may be located within thirty (30') feet of
the right-of-way line of intersecting streets. (See
diagram on Page 34. )
b. Except as provided in (a) above, fenoes having a height
of four (41) feet or less may be located on any part
of a lot.
C. Fences having a height of ten (10' ) feet or less may
be erected on those parts of a lot that are as far back
or farther back frmn the street than the main building
except where the fence is to be enacted within twenty-
five (25' ) feet of an RS, RD or RA District, the
® provisions of Section 31-22(a)(1) shall be followed.
d. Barbed wire may be used on fences erected under the
provisions of Section 31-22(a)(2)[c.] provided that the
lowest strand of barbed wire shall be at least six (6' )
feet above the grand. The use of concertina wire is
not permitted.
(3) In the Planned Districts of PUD, Nil, C-4 and M-3, the height
and type of fences permitted shall be determined under the
plan review procedures set forth in Article 7X, Planned
District Regulations.
(4) Fences erected for recreational purposes, including but not
necessarily being limited to fencing for tennis courts and
baseball fields, shall be wo mpt from the fence height
regulations provided that the fence is more than twenty-five
(251 ) feet from the nearest property line.
(5) Requests for variances from the fence height requirements may
be made wider the provisions set forth in Section 31-80(c)
of this chapter.
Secs. 31-23 - 31-29. Reserved.
28
ARTI= V. MIGNP MOULATIOAS
Sec. 31-30. Height Limits.
(a) Maximum height limits established far buildings and structures are
as follows:
(1) "Arty-five (351 ) feet in the RU, RC, RS, RD and RA-1 Districts.
(2) Fm-ty-five (451 ) feet in the RA-2, C-0, C-1, C-2, M-1 and M-2
Districts.
(3) One hundred forty (1401 ) feet or 750' MSL, whichever is lower in
the C-3 District.
(4) Height limits in the Planned Districts of PUD, C-4 and M-3 shall
be as established by the Ommtssion and Council in the plan review
process.
(b) The above height limits may be exceeded in following instances:
(1) Flagpoles
a. In the C-3 Central Cannerc:ial District, no flagpole shall
exceed a height of 140 feet measurad from the elevation of
the intersection of High Street and Madison Street. In all
other districts, no flagpole shall exceed a height of 75 feet
above qround level.
b. Flag size shall be limited as follows:
FLAGPOLE HEIGHT MAX.IMJM FLAG SIZE
30' 6' x 10'
40' S' x 12'
50' 10' x 15'
60' 15' x 25'
75' or higher 20' x 30'
C. The area of a flag flown on a pole mounted on top of a
building in the C-3 District shall not exceed 5% of that
building's largest facade which Front's on the street, or the
area listed in subsection (b) whichever is larger.
d. The design and construction of flagpoles shall comply with
all applicable codes. No flagpole shall be erected or
installed without first obtaining a building permit.
(2) In the C and M Districts, appurtenances such as mechanical
equipment, elevator bulkheads and cooling hers, which extend
above the roof of a building may project 'not more than ten feet
(10' ) above the district's maximum height limit, provided that such
appurtenances: (1) occupy no more than thirty (30$) of the area of
the roof, and (2) are located at least twenty feet (201 ) from the
perimeter of the roof.
• 29
® (3) Variances
a. The Board of Adjustment, after making certain findings may
grant variances to the nwdn m height limits established in
this Section, provided however, the Board is not authorized
to grant height variances in the C-3, C-4, POD and M-3
Districts. Refer to Section 31-80(h)(3) for variance
provisions.
Sec. 31-31. Special Regulations.
(a) The following special regulations shall apply to any land airport
other than a helicopter landing facility, owned and operated by a public
agcy:
(1) Within the air space above the approach zone to each end of the
runway designed to be used for instalment landings, no building or
structure shall be erected or altered to project above a plane with
a slope of 1 (vertical) to 60 (horizontal) projected from a point
200 feet beyond the end of the runway for a distance of 10,000
feet, said plane to be in the shape of a symmetrical trapezoid
1,000 feet in width at its lmvst point and 4,000 feet in width at
its highest point combined with a second plane with a slope of 1
(vertical) to 40 (horizontal) extending from the upper edge of the
first plane for an additional distance of 40,000 feet, said plane
® to be in the shape of a symmetrical trapezoid 4,000 feet in width
at its lowest point and 16,000 feet in width at its highest point.
(2) Within the air space above the approach zone to each end of the
n=W not designed to be used for instrument landings, no building
or structure shall be erected or altered to project above a plane
with a slope of 1 (vertical) to 40 (horizontal) projected frcan a
point 200 feet beyond the end of the runway for a distance of
10,000 feet, said plane to be a symmetrical trapezoid (*) feet wide
at its lowest point and (*) feet wide at its highest point.
(3) Within the established transition zones adjacent to each instrument
and non-instrument runway and approach zone, no building or
structure shall be erected or altered to project above a plane with
a slope of 1 (vertical) to 7 (horizontal). Transition zones extend
outward and upward from a line (*) feet on either side of the
centerline of non-instrument runways for the length of such runway
plus 200 feet on each end; and 500 feet on either side of the
oenterline of instrument runways for the length of such runway plus
200 feet on each end; to a height 150 feet above the elevation of
the airport reference point. in addition, transition zones are
established adjacent acent to both instrument and noon-fit approach
zones which flare outward and upward symmetrically along the entire
length of each approach zone to where they intersect the surfaces
of the horizontal and conical zones.
30
(4) Within (**) feet from the established airport reference point, no
building or structure shall be erected or altered to project above
a horizontal plane 150 feet above the established airport
elevation. This horizontal zone does not include the approach or
transition zone.
(5) Within the conical zone, which o=nenc_s at the periphery of the
horizontal zone and extends outward therefrom a distance of (**)
feet, no building or structure shall be erected or altered to
project above a plane with a slope of 1 (vertical.) to 20
(horizontal) .
(6) Nothing in this sub-paragraph shall be construed as prohibiting the
growth, cmwtn=tion or maintenance of any tree or structure to a
height up to twenty (201) feet above the surface of the land.
(*) The applicable distance in feet shall be based on nuYway length as
set forth in Section 77.27 of Part 77 of the Federal Aviation Regulations.
(**) The applicable distance in feet shall be based can runway length as set
forth in Section 77.25 of Part 77 of the Fedenal Aviation Regulations.
Secs. 31-32 - 31-39. Reserved.
ARTICLE VI. MUM RDQun
Sao. 31-40. Minim= Yard 1 t8.
(a) The following distances, measured in feet, shall be the Minim=
Yard requirements in the districts indicated below:
District Flynt Yard Side Yard Rear Yard
RU 50 20 50
RC 50 20 50
RS 25 10 30
RD 25 10 25
RA-1 25 10 25
RA-2 25 10 25
C-0 25 10 20
0-1 25 10 20
C-2 25 None 20
C-3 None None None
C-4 As Required As Required As Required
M-1 25 None 25
M-2 25 None 25
M-3 As Required As Required As Requite
RM As Required As Required As Required
• 31
(b) Whene vw a lot abuts upon a public alley, aye-half of the alley
width may be considered as a portion of the required yard. Fbr the purpose of
side yard regulations, a two family dwelling or multiple dwelling shall be
considered as one building occupying one lot.
Sec. 31-41. Additicnal dents.
(a) The following additional yard requirements shall also be observed:
(1) On lots fronting on two non.-intersecting streets, a front yard
shall be provided on both streets.
(2) On corrjer lots there shall be a front yard on both streets.
(3) Where a frontage is divided among districts with different front
yard requirements the deepest front yard required shall apply to
the entire frontage.
(4) In the C, M, and PUD Districts, there may be more than one building
on a lot provided that the required yards be maintained arcxund the
group of buildings.
(5) 'Thera may be two or more related multi-family, hotel, motel or
institutional buildings on a lot: provided that, (a) the required
y ard4 be maintained around the group of buildings, and (b)
buildings that are parallel or that are within 45% of being
® parallel be separated by a horizontal distance that is at least
equal to the height of the highest building.
(6) Those parts of existing buildings that violate yard regulations may
be repaired and remodeled, but not reconstructed or structurally
altered.
(7) Required front yards shall be devoted entirely to landscaping area
except for off-street parking and the necessary paving of driveways
and sidewalks to reach parking or loading areas in the side or rear
yard.
(8) Where an official line has been established for the future widening
or opening of a street cr major thoroughfare upon which a lot
abuts, then the depth of a front or side yard shall be measured
from such official line to the nearest line of the building.
(9) The minimum width of side yards for schools, libraries, churches,
ccnnunity buildings and other public and send-public buildings in
residential districts skull be twenty-five (25' ) feet, except where
a side yard is adjacent to a commercial or ir4ustrial district, in
which case the width of that yard shall be as required in the
district in which the building is located.
(10) No sign, fence, wall, shrub or other obstruction to vision
exceeding three (31 ) feet in height above the established street
32
grade shall be erected, planted or maintained within the area of
a corner lot that is included betwom the lines of the intersecting
streets and a straight lire oonn$cting them at points thirty (30' )
feet distant from the intersection of the street right-of-way
lines. On corner lots where either required front yard is less
than 25 feet, structures may be erected in they above described
triangle with the permission of the Hoard of Adjustment. The
Director of Planning may permit the plaoment of trees or pole
signs in the triangle if the tree canopy or the sign face will not
obstruct vision.
STREET
ao _ -+I R/W
25'
FRONT YARD
WITHIN THIS TRIANOULARY
SHAPED AREA. NO OBSTRUCTION TO
VISION AS DEFINED ABOVE MAY
EXCEED A HEIGHT OF THREE
FEET ABOVE THE ESTABLISHED
STREET GRADE.
PRINCIPAL
25'
FRONT YARD
BUILDING
o:
® (11) The minimnn side yard required in the C-2, C-3, M-1 and M-2
Districts shall be ten feet where any of these C or M Districts
abut any R District.
Sec. 31-42. Emeptians to Yard Rests.
(a) The following exceptions may be made to the yard regilrenents.
(1) Where, on the effective date of this chapter, 40% or moire of a
frontage was occupied by two or more buildings, then the front yard
is established in the following manner:
a. Where the building fist fron the street provides a
front yard not more than ten (10' ) feet deeper than the
building closest to the street, then the front yard for the
frontage is and remains an average of the them existing front
yards•
b. where this (a) is not the case and a lot is within 100 feet
of a building on each side, then the front yard is a line
drawn from the closest front corners of these adjacent
buildings.
c. Where neither (a) nor (b) is the case, and the lot is.within
100 feet of an existing building on one side only, then the
33
® front yard is the same as that of the existing adjacent
building.
(2) If 40% or more of a frontage is occupied by two our more buildings,
then the minimum width of a side yard in the R Districts -
Residential is established in the following maces:
a. The minimum side yard width is and remains an average of the
then existing side yards included in a frontage, provided
however, existing side yards having a width greater than ten
(10' ) feet shall be deemed to have a width of ten (10' ) feet
for purposes of computing the average. Side yards for vacant
lots shall not be included in computing the average.
b. If the computed average side yard is lei than ten (10' )
feet, and the existing side yard of the applicant's building
is less than ten (10' ) feet, an existing building may be
enlarged provided that front and rear yard rests are
observed and the widths of the existing side yards of the
applicant's building are not diminished.
(3) Sills, eaves, belt courses, window air conditioning units,
chimneys, cornices, and ornamental features may project into a
required yard a distance not to exceed twenty-four (24") inches.
The Director of Planning may permit eaves and overhang features to
project into a required yard a distance not to exceed forty-eight
(48") inches.
® (4) Filling station pumps and pump islands may occupy required yards
pmavided, however, that they are not less than fifteen (151 ) feet
from all lot lines. Centrally supported canopies which extend
above and cover filling station pump islands may occupy required
yarns provided they are not less than five (51 ) feet from all lot
lines.
(5) When so placed as to not obstruct light and ventilation, open fire
escapes, fireproof outside stairways, bGlconies opening upon fire
towers, and the ordinary projections of chimneys and flues, may,
when permitted by the Director of Planning, extend into a required
rear yard for a distance of not more than three and one-half (3-
1/2' ) feet.
(6) Open, unenclosed porches (not glassed in) may extend ten (10' ) feet
into a front yard.
(7) No side yards are required where dwellings are erected above
ccavercial and industrial structures, except such side yard as may
be required for a can mercial or industrial building on the side of
a lot adjoining a residential district.
(8) Accessory buildings and structures may be located in a rear yard
but may not occupy more than 30%- of a rear yard.
34
(9) Any accessory building or structure closer than ten (101) feet to
a main building shall be considered as part of the main building
and shall have the same required side and rear yards as the main
building.
(10) An accessory building or structure more than ten (101) feet from
• main building may not be erected closer than two (21) feet frcm
• side and rear lot line, but shall be located at least sixty (601)
feet from the front street line.
(11) A garage with an alley entrance shall be kept ten (101) feet frcm
the alley line.
Secs. 31-43 - 31.49. Reserved.
AK LMCLS VII. MMITY RE Qunmaww
Sao. 31-50. Mininam Lot Area and Width.
(a) Zhe following minimum lot areas and lot widths measured in square
feet and feet shall be the minimum lot area and width requirements in the
districts below:
Lot Area Per Family in Sq. Ft.
Lot Lot Single TWO
Width Area in Family Family multiple
In Feet Sq. Ft. Dwelling Dwelling Dwelling
RU 150 43,560 43,560 N/A* N/A*
RC 150 43,560 Dwellings Prohibited
RS-1 100 15,000 15,000 N/A N/A
RS-2 80 10,000 10,000 N/A N/A
RS-3 70 8,000 81000 N/A N/A
RS-4 60 61000 61000 N/A N/A
RD 60 61000 61000 3,000/F N/A
RA-1 80 10,000 10,000 3,000/F 2,500/F
RA-2 60 61000 6,000 3,000/F 1,500/F
C-0 None None 6,000 31000/F 11000/F
C-1 None None 61000 3,000/F 11000/F
C-2 None None N/A N/A N/A
C-3 None None N/A N/A N/A
C-4 As Required N/A N/A N/A
M-1 None None Dwellings Prohibited
M-2 None None Dwellings Prohibited
M-3 As Required Dwellings Prohibited
PUD As Req. As Req. As Req. As Req. As Req.
(*Not applicable)
35
Sec. 31-51. Exceptions to Lot Area and Width Aequix�ements.
® (a) The minim n lot area and lot width requirements established above
may be modified as follows:
(1) Where a lot of record at the time of the effective date of this
chapter has less area or width than herein required in the district
In which it is located, and the owner of such lot does not own any
other parcel or tract adjacent thereto, said lot may neverUieless
be used for a one family dwelling ox for any non-dwelling use
permitted in the district in which it is located.
(2) The member• of permitted dwelling units for multiple dwellings may
be i.ncxeased in the following instances:
a. By 5% if a landscaped buffer area not used for off-street
pacing, with a minimum depth of ten (101 ) feet or a masonry
wall six (6' ) feet in height is provided on all lot lines
that are also district boundaries with a less restricted
zoning district.
b. By 10% if the project provides at least two offstxeet parking
spaces for each dwelling unit.
c. By 5% if all of the required parking spaces are enclosed or
in an underground st rua ure.
d. By 10% if the project includes a club, tea;mis court, swimming
pool or other major recreational facility occupying at least
two-tenths (0.2) of a square foot of land area for each
square foot of floor area in the building.
e. By 5$ if the building proposed in the project meets the
requirements of the Department of Defense Office of Civil
Defense and can be officially designated as Fallout Shelters
having a capacity equal to or greater than the rAmbar of
residents allowed in the project.
The above percentages are to be applied individually and not
cumulatively.
(3) Existing buildings that are in violation of lot area requirements
may be remodeled or repaired, but may not be reocrAstructed or
structurally altered unless made to conform to these requirements.
(4) Lot area per family requirements shall not apply to dormitories,
fraternities, sororities, rnursing homes or other sindlar group
quarters where no cooking facilities are provided in individual
rooms.
(5) In the MJ District, the minimum lot area per family may be reduced
to 20,000 square feet and the lot width to 100 feet whom public
water service is available but where there is no public seder
service or to 15,000 square feet and eighty (801 ) feet,
respectively, where both public water and public sewer services are
available.
® 36
® (6) A coo w lot which is platted in a residential district after
March 17, 1981, shall have a minimum lot area which exceeds the
minimum lot area for the district in which it is located by 20*.
Secs. 31-52 - 31-59. Reserved
ARTICLE: V III. OFF PARK= AM LOADM UQUIREMENTS
Sec. 31-60. off-Street Parking Rests.
(a) Off-street parking spades shall be provided as follows:
(1) Single family and two family dwellings - One space for each
bathroom or fraction thereof in each dwelling unit, provided
however, the number of spaces provided for each dwelling unit need
nort exceed three spaces.
(2) Multiple Dwelling - One and one-half spars for each dwelling unit.
(3) Efficiency apartments - One space for each dwelling unit.
(4) Elderly housing apartments - -quarters of a space for each
apartment unit.
® (5) Rooming and boarding h xises, sorority and fraternity houses - One
parking space for each 200 square feet of floor area.
(6) Private Club or lodge - Ong parking space for each 400 square feet
of floor area.
(7) Church or temple - one parking space for each four seats in the
main auditorium.
(8) School - For high schools, colleges, and universities, ten spaces
per classroom; for elementary schools, two parking spaces per
classroom.
(9) Hospital - Two parking spaces for each bed.
(10) Sanitarium, institutional hone, nursing home or group home for the
handicapped - One space for each three beds.
(11) Funeral home - Ten parking spaces for each chapel plus one for each
funeral home vehicle plus one for each family residing on the
premises.
(12) Auditoriums, theatres, and other places of public assembly - One
parking space for each five seats.
. 37
(13) Restaurant - One space for each three seats provided for patron
use.
(14) Camsuitty center, library, museum, or similar public orr, semi-public
building - One parking space for each 300 square feet of floor area
in the building.
(15) Hotel or motel - Five parking spaces plus one space for each
sleeping room or suite.
(16) Residential Care Facility for the Elderly - Ono space for each
employee on the maximum work shift plus one space far every two
elderly patrons housed on the anises.
(17) Day Care Hare - One space shall be provided in addition to the off-
street parking requirement of the residence.
(18) Day Care Caters, Preschools and Similar Uses.
a. One space for each 300 square feet of floor area.
b. Day Care Centers, Preschools and Similar Uses which care for
20 or more children shall provide a paved, urxkArt acted, off-
street pick-up space with adequate (as determined by the
Director of Planning) stacking area. `I'h9 pickup space and
stacking area shall be provided in addition to the required
off-street parking.
(19) Medical office building - Building in which 20% or more of the
gross area is occupied by members of the healing profession. One
parking space for each 200 square feet of the gross area used for
this purpose.
(20) Manufacturing and dial Plant, Ware4's x se, Fabricating Plant,
Research or Testing Laboratory. Creamery, Bottling Plant,
Lumberyard Storage or other similar establishment - Two parking
spaces for every three emplayees on the maximum shift, plus space
to acoocrosodats all trucks and other vehicles used in ooxvu,-ticn
therewith.
(21) All non-residential buildings except those above specified - One
space for each 300 square feet of floor area, except in the C-3
district where ono space shall be provided for each 600 square feet
of floor area for retail commercial uses and one space per 1,000
square feet of floor area for offices and it being understood that
more than one type of use can exist within one structure.
(22) University or college dormitories - One space per one and one-
fourth beds.
(23) Bed and Breakfast Inn - One space shall be provided for each
customer sleeping room in addition to the required off-street
parking for the residence.
. 38
® Sec. 31-61. Rules for C aqx tang Passing Spaces.
(a) In computing the number of required off-street parking spaces the
following rules shall apply:
(1) Floor area shall mean the gross floor area of the specific use,
excluding any floor or portion thereof used for parking, as herein
defined. In the C-3 district, where there is a municipal parking
lot within 300 feet, the parking spaces required may be reduced by
10%, of the total spacer in the municipal lot or lots. Where 10%
of the nwdcipal spaces is equal to or exceeds the spaces required
for the use,the parking requirements are satisfied.
(2) Where fractional spaces result, the parking spaces required shall
be the nearest whole number. When the fractional space required
is exactly one-half, the parking spaces required shall be the next
lowest whole number.
(3) In the case of mixed uses, the parking spaces required shall equal
the sum of the requirements of the various uses computed
separately.
Sec. 31-62. Required Parking spaces for the Hanrndicapped.
(a) Three percent of the required number of parking spaces on all lots
hereinafter ocnstructed shall be parking spaces for the handicapped provided,
however, no handicapped spaces are required an lots containing less then 20
spaces and, further provided, a minimum of one handicapped space shall be
provided on all parking lots oontaini.ng 20 or mare parting spaces.
(b) A parking space for the handicapped shall have a minimum width of
fifteen (151 ) feet and a minimum length of twenty (201 ) feet. Handicapped
spaces shall be located in close proximity to an entrance of the building or
buildings served by the lot. Spaces for the handicapped shall be clearly
marked with signs and/or pavement markings.
Sec. 31-63. Locaticn of Required Parking Spaces.
(a) All parking spaces required shall be located as follows:
(1) The parking spaces shall be located off the City right-of-way.
(2) The parking spaces shall be located so parked vehicles do not
overhang onto adjacent property or the City right-of-way.
(3) The parking spaces required far:
a. Single family and two family dwellings shall be located on
the same lot with the building.
39
b. Multi-family dwellings shall be located on the same lot as
the main building, or within 100 feet thereof, on land which
is zoned for parking lot use.
c. Non-residential uses shall be located on the same lot as the
main building, or within 450 feet thereof, on land which is
zoned for parking lot use.
(4) Two or more owns of buildings may join together in providing the
required parking spaces. Where the required parking spaces are not
located on the same lot with the building or use served, the usage
of the lot or tract upon which said parking spaces are provided
shall be restricted by an instrument of record describing the
premises for which said parking is provided and assuring the
retention of such parking so long as required by this chapter.
(5) under the powers of the Hoard of Adjusrmant, the Board would have
the power to permit the following variation:
a. Vary the location requirements for offstreet parking spaces
when the applicant demonstrates conclusively that strict
compliance with the location requirements would create an
unnecessary hardship or that the use associated with the
parking does not necessitate close proximity between the
parking and the use. The applicant shall show that the
variance, if granted, would not be unduly injurious to the
use and enjoyment of other property in the immediate
vicinity.
® Sec. 31-64. Mirdnum Xquovements and Maintenance Standards.
(a) Parking lots, including automobile and truck sales lots, and
garages and their driveways shall conform with the following improvements and
maintenance standards:
(1) Parking lots are divided into Light, Medium and Heavy
classifications. Parking areas for single family through and
including four family dwellings generally are permitted to use the
standards of the Light Classification. Parking areas which do not
meet the criteria for the Light Classification and are to be used
primarily for the parking of automobiles are permitted to use the
standards of the medium Classification, provided however, the
Heavy Classification standards be required on those parts of the
parking area which may be subject to frequent heavy truck traffic.
Such heavy txuck traffic areas may include, but not necessarily
be limited to, trash disposal areas, shipping and receiving areas,
and drives leading to such areas. All other uses are required to
follow the Heavy Classification standards. However, a final
decision on the need for Light, Medium or Heavy Classifications
standards will be made by the Director of Planning at the time an
application for a Building Permit is filed.
40
a. Light Classification Standards. Parking lots arx3 their
entrance and exit driveways shall be surfaced either with
oar=vW not less than four (4") inches in thickness or with
bituminous surface of not less than two (2") inches in depth
on top of a canpacted crushed stone base not less than four
(4") inches in depth, or with any surface adjudged by the
CIxmdssicn to be equal or superior to either of these types.
b. Medium Classification Standards. Parking lots and their
entrance and exit driveways shall be surfaced either with
concrete not less than five (5") inches in thickness or with
bituminous surface of not less than three (31') inches in
depth on top of a compacted crushed Stone base not less than
four (4") inches in depth c c with any surface adjudged by the
Omni ssi on to be equal or superior to either of these types.
C. Heavy Classification Standards. Parking lots and their
entrance and exit driveways shall be surfaced either with
concrete not less than six (6") inches in thickness or with
bittmirxxm surface of not less than five (5") inches in depth
on top of a compacted cruelied stoma base not less than four
(411) it hes in depth, or with any surface adjudged by the
Oomnission to be equal or superior to either of these types.
(2) Driveways serving single family and two family dwellings shall have
a minLmm width of twelve (121 ) feat and shall be paved.
(3) The location and width of entrances and exits to and from the lots
or garages shall be as determined by the Dir, ator of public Works,
provided however, the minimum width of driveways leading to and
from the lots or garages shall be twelve (121 ) fret. An existing
drive having a width of less than twelve (12' ) feet may be approved
as an access driveway to and from lots and garages'by the Director
of Public Works where the existing driveway eanmt be widened to
twelve (121 ) feet because of existing conditions.
(4) Private driveway approaches, when located on public right-of-way
Shall be designed and constructed in accordanoe with the design and
construction standards of the Department of Public Works.
(5) Adequate provisions shall be made for the disposal of storm water
from parking lots and garages. The Director of Planning shall
direct the owner of a parking lot or garage to take such metes
as may be required to ensure, in-so-far as is possible, that such
water shall not flow onto adjoining property or adjacent sidewalks
in a quantity or mariner that would be detrimental thereto, or
inconvenient to perscm using the sidewalks.
(6) The location of each parking space and the location and direction
of movement along the driveways providing access thereto shall be
indicated by painting upon the surface, by raised directional
signs, or by markers or other similar measures placed in the
surfacing, where required by the Director of Planning.
. 41
(7) Ithwever the parkin lots or garages arS to be used during
darkness, a system of flood lighting shall be installed to provide
an adequate standard of illumination over the entire prmrking lot.
Ali flood lights shall be shielded so that minimum glare will
extend to adjacent property and shall most requiremant a of the
Director of Planning.
(8) A sign, the size and character of which shall be approved by the
Director of Planning shall be installer) showing the owniuship of
the lot cc garage and the permitted use thereof. If the lot cc
garage is so operated that a charge is me& for the use of the
parking facilities, the rates for puking shall be legibly strewn
upon the sign.
(9) Landscape plantings shall be installed on all parkin lots. Such
plantings may, with City approval, be in public right-of-way
adjacent to the parking lot. Such plantings shall consist of at
least one standard tree of two and one-half (2 1/2") inch diameter
or move for each teat parking spaces in the lot. The required trew
shall not be correntrated in a far areas but shall be distributed
throughout the entire lot. Such plantings shall be in accordance
with landscape or planting plan approved by the Planning Department
and in acoordmm with City specifications. If the property owner
can prove that for reasons of rock or other unusual
characteristics, such planting is net possible, this requirement
may be varied by the Commission. A variance, if granted, shall be
® limited to the minimanm variance necessary to resolve, in whole or
in part, the particular problem of the applicant. Trees and shrubs
shall be maintained in good oondition and replaced where rneaesaary
to ensure the continuation of the planting or landscape plan as
approved. Upon failure to do so, the Director of Planning shall
have the power to prohibit parking until maintenance or replacement
is completed.
(10) A te<mpwary shelter for the use of a parking lot attendant may be
maintained on the lot provided the location, cozis xuction and
design of same shall be first approved by the Director of Planning.
(11) The parking lot or garage shall be maintained in a manner to keep
it as free as practicable from dust, paper and other loose
particles, and snow and ice shall be praiptly removed by the
operates. All adjacent sidewalks shall be kept free frcm dirt,
ice, sleet and snow and in a safe condition for use by pedestrians.
All signs, markers, or any other method used to indicate direction
of traffic movement and location of parking spaces shall be
maintained in a neat and legible oonditicn. Likewise, any walls,
trees and shrubbery, as well as surfacing of the parking lot or
garage, shall be maintained in good condition throughout its use
for parking purposes and the Director of Planning shall have the
authority to prohibit the use of the area for parking purposes
unless and until proper maintenance, repair or rehabilitation is
completed.
. 42
(12) Operation: Any person operating a parking lot or garage shall
either:
a. File with the City a bond in such form as may be prescribed
by the City Oounselor and in such amount as required by the
Council, which shall be surety for any judgment for damages
rendered against the operator of the parking lot, resulting
to persons or property when incurred whtie using the parking
lot; or
b. Carry public liability insurance in such amounts as may be
required by the Oatux i.l.
(13) The Director of Planning shall have the power to prohibit parking
on areas where the paving and landscape improvements do not meet
the minimun imprcnnem requirements which were in effect at the
time t hei imtprovartent:s were installed. Before prohibiting parking
on any area, as authorized by this sub section and by sub-sections
31-20(a)(9) and (11) the Director of Planning shall, by certified
mail, notify the owner of the work which shall be accomplished to
bring the area into oompliance with the minivan immanent
standards for offst reet parking and that the owner has six months
to bring the area into oanpliance. If the area does not meat the
mink= starxiaris at the end of the six month period the Director
of Planning may prohibit parking on the area.
® Sec. 31-65. Off-Street Loading Requ3x+erments.
(a) There shall be provided at the time any building is erected or
structurally altered, off-street loading spaces in accordance with the
following requirements:
(1) Office building, apartments, aparbnent hotel, motel and hotel - One
space for each 5,000 to 50,000 square feet of gioes floor area; two
spaces for each 50,000 to 200,000 square feet of gross floor area;
one additional space for each 75,000 square feet of gross floor
area above 200,000 square feet.
(2) Retail or service establishment or wholesale commercial use - One
space for each 2,000 to 20,000 square feet of gross floor area; two
spaces for each 20,000 to 100,000 square feet of gross floor area;
one additional space for each 75,000 square feet of gross floor
area above 100,000 square feet.
(3) Manufacturing or industrial use - One space for each 10,000 square
feet of floor area or fraction thereof in excess of 5,000 square
feet.
(4) In all cases where the off-street loading space is located in a
manner that a Muck shall back directly frcm a major street into
a loading space, a maneuvering space of not less than fifty (501 )
• 43
® feet shall be provided on the lot on which the industrial use is
located.
Secs. 31-66 - 31-69. Reserved.
ARMLE 19. PIMM DISTRICP REK;IZ WM
sec. 31-70. ce neml.
(a) The purpose of the Planned Unit Development District (PUD), the
Planned Commercial District (C-4), Planned Industrial District (M-3), and the
Mobile Hone Residential District (M), and the Procedures to be followed for
each of these Planned Districts are:
(1) Purpose - The purpose of the Planned Districts is to encourage
unified developments, t o minimize adverse i�a��ts on adjacent lands
and to provide a greater flexibility in the design of buildings and
building complexes than would otherwise be possible tough the
strict application of district regulations.
(2) P.equired Plans - General.
a. Aped Final Plan Required. Before land is used or a
Building Permit is issued in a Planned District a Final Plan
shall be approved by the Council. Acceptance of the
ANIL Ca mission's report recomnernding approval of a Final Plan
shall constitute Council approval. Approval of a Preliminary
Plan should precede the submission of a Final Plan for areas
where there are alternative development approaches, where
development information is irxxm plete, and/or for large areas
which will be developed in stzges.
b. Approval Process. A plan for the use and development of a
tract of land located in a Planned District shall be
submitted to the Planning and "Zoning Commission for study and
recmim nL3aticn. The Co muissicn shall have sixty (60) days
to recommeixi approval or rejection of the plan, with or
without modification: otherwise the plan is deewd approved
by the Commission, except that the Commission, with the
consent of the applicant, may extend the sixty (60) day
period. The Commission's decision on a plan may be appealed
to the council provided, however, such appeal shall be filed
with the City Clerk within fifteen (15) days of the
Commission's decision on a plan and, further provided, a
decision of the Co nnission on a Preliminary or Final Plan
shall not be reversed except by a favorable vote of three-
fourths of all members of the City Council. if substantial
changes are made to the plan, as a result of council action,
the Council may refer the plan to the Commission for further
study and recommendation.
c. Plan required for Rezoning Request. The prooedure for
requesting that property be rezcr*d to a Planned District
• 44
shall be in accordance with Section 31-35 of this chapter,
provided, however, a Preliminary Plan or a Final. Plan for all
of the tract for which rezoning is requested shall be made
a part of the rezoning request.
d. Plan Required for Land in a fitly Zoned Planned District.
The applicant may, at his option, submit and request approval
of:
1. A Final Plan, or
2. A Preliminary Plan to be followed by a request for
approval of a Final Plan at a subsequent meeting.
(3) Submission Requirements - The applicant shall submit five prints
and one permanent, reproducible copy of each Preliminary or Final
Plan for which appnuval is requested. This submission shall be
made to the Director of Planning in acoordanm with the time
schedule established by the Commission and shall be accompanied by
a check payable to the "City of Jefferson" in the amount
established by the Qx=il.
(4) General Standards for Review of Preliminary Plans - Before
approving a Preliminary Plan for any Planned District, the
Commission m issi on our, in the case of an appeal, the Council shall
determine that:
a. Adequate utilities, access roads, drainage and/or other
necessary facilities will be provided.
b. Adequate measures will be taken to provide ingress and egress
so designed as to minimize traffic corxjestion in the public
streets.
C. The Commission or, in the case of an appeal., the Council
shall further determine that the proposed development will
nit:
1. Be detrimental to or endanger the public health,
safety, morals, ccmfort or general welfare.
2. Be injurious to the use and enjoyment of other property
in the immediate vicinity for the purpose already
Permitted nor substantially diminish and impair
property values permitted in the neighborhood.
3. Impede the normal and orderly development and
improvement of surrounding property for uses permitted
in the district.
(5) Review of Preliminary Planned District Site Plans and Decision
The Conmission shall review the oonfamdty of the proposed
development as shown on the Planned District Site Plan with the
General Stems for Review of Preliminary Plans, the official
City Plan, specific requirements of the Planned Districts, and
recognized principles of land use planning and civic design. The
Commission may approve, approve with c x-ditiens or deny the
Preliminary Plan. The CbnTdssicn or, in the case of an appeal, the
. 45
® oouncii may impose oo xlit rAm which relate to such things as use;
buffer zones; landscaping; set-bads: the size; type and
of buildings; the operation of the Proposed
development; the location and arxengsi nt of parking areas and
drives;and other factors the Comnd scion deans as being essential
to the sound development of the area and for the protection of
adjacent areas.
(6) Design Standards - Required yards, off-street Parking, density of
development, building types and the heights of buildings, fences
and signs shall be as determined by the Commission or the Criiaticil
in the plan review process as described in subsection (5) above.
The yards, parking, density and height of structures as spawn on
the approved Final Plan shall prevail over conflicting requirements
of this chapter.
(7) Content of the Preliminary Plan - The Preliminary Plan for all
Planned Districts shall show:
a. The scale and north point.
b. Boundaries of the property to be developed.
C. The names of the owners of the property and the individual
or firm responsible for the preparation of the Preliminary
Plan.
d. The existing zoning of the tract and the zoning of properties
which are within 200 feet of the boundaries of the property.
® e. The location, type and size of structures, on properties
within 200 feet of the boundaries of the property.
f. Acreage of the property to be included, in the Planned
District.
g. Existing contours on an interval of not more than five (5)
feet where ground slope is regular and such information is
sufficient for the planning purposes or on an interval of not
more than two (2) feet where land is irregular or there is
a need for detailed data.
h. The location and direction of drainage of all water courses
and a drainage plan with sufficient infczmation to indicate
the intent of the owner.
i. The location of existing and proposed sanitary seers.
J. The proposed size, location, height, use and arrangement of
all buildings except single family dwellings; the location
and capacity of off-street parking areas, entrance and exit
driveways and their relationship to existing and proposed
streets; building lines; easements; o3mm land and open
space; and proposed streets, alleys and pedestrian ways.
k. Proposed landscaping and buffer zones.
1. Provide for the dedication of any right-of-way for the
widening, extension, or connection of major streets as shown
on the Official Master Plan.
M, Date and signature lines for execution by the C nudssion
Chairman and the Director of Planning to show the date of
Plan approval.
. 46
® (8) Final Plan - The standards for review, design standards and the
review and decision procedures for Final Plans shall be identical
to those for Preliminary Plans. The approved Final Plan shall be
binding upon the owners, their heirs and assigns until such time
as the City may release such limitation on the use of the subJect
property, under' the proce&wes provided herein. The Final Plan for
all Planned Districts shall show:
a. All required Preliminary Plan information.
b. The seal of an Architeat or Engineer registered to practice
in Missouri.
C. A drainage and grading plan which complies With the Stone
Water Drainage Chapter.
d. The proposed arrangement of off-street parking stalls.
e. A landscape planting plan with the scientific name of all 2
1/2" shade trees which are to be used to satisfy off-street
parking requilxtnents.
f. The general configuration, height, size, type and location
of all proposed signs, walls and fences.
g. By notation or drawing, the architeab wa1 style and the
proposed surface materials to be used, on the exterior of all
buildings.
h. Date and signature lines for executi can by the Cmvaissicn
Chairman and the Director of Planning to show the date the
Plan was recocanended for approval..
i. The Final Plan will be approved when it is in accordance loth
® .the approved Preliminary Plan and any coanditIons imposed by
the C mudssion or Council provided that items [a.] thru [g•]
of this subsection are furnished and approved by Council.
(9) Compliance with Subdivision Regulations - In the event the proposed
development plan involves the subdivisicin of land, the owner shall
follow all applicable mss, standards, and requirements of the
Subdivision Code of the City of Jefferson., Missouri.
(10) Changes in Plans - In the event the Final Plan is not in accordance
with the approved Preliminary Plan, the review and decision on the
Final Plan shall be accomplished under the procedures as sat forth
herein for the review and decisions on the original Preliminary
Plan.
a. From time to time during the construction, the owner may make
minor changes to an approved Final Plan, so lcxxg as such
changes have been approved by the Director of Planning, or
upon denial by the Director of Planning, with the approval
of the CImmissian. Any other changes to the approved Final
Plan shall be accomplished tubder the procedures as set forth
herein for the approval of the original Final Plan.
(11) Building Permits and Certificate of Occupancy - No Building Permit
or Certificate of Occupancy shall be issued for any building or use
47
® in a Planned District that is not in accordance with the approved
Final Plan.
Sec. 31-71. FEM - PLvined Uhit Devw3oFaent District.
(a) In the Planned Unit Development District, land may be used after
approval of a Final Plan only under the following conditions:
(1) Purpose - It is the purpose of this district to provide an
opportunity for modern and imaginative architectural design and
site arrangement. The Planned Unit Development should be a
carefully planned oatiiination of residential, camm-cial, public
and semi-public uses or some of these uses.
(2) Permissive Uses - Land and buildings in a Planned Unit Development
District may be used for residential uses, Group Horne for the
Handicapped meeting all of the conditions specified in Section 31-
20(-)(3) Permissive Uses [e.], for any permissive use in the C-1
District, and any other ooamercial use which in the opinion of the
Cbmm ssion are ordinarily accepted as shopping center uses.
(3) Residential Density Standards - The number of dwelling units
permitted shall be determined by dividing the net development area
by the minimum lot area per family required by housing type. The
minimum lot area required by housing type shall be 6,000 square
feet for each single family dwelling, 3,000 square feet per .family
for duplexes, and 1,500 square feet per family for multiple
® dwellings. Net development area shall be determined by subtracting
the area set aside for chin, schools, or other non-residential
uses from the gross development area and deducting 20%; of the
remainder for streets, regardless of the amount of land actually
required for streets. The area of land set aside for common open
space or recreational use shall be included in determining the
number of dwelling units permitted.
(4) Traffic Analysis - In the case of large or complex developments,
the Commission may requi m that a traffic analysis be prepared by
a registered professional engineer who is skilled in the science
of traffic engineering, indicating the estimated traffic to be
generated by the complete development of the project with said
estimates shown for the average weep, 24-hour period, and for the
peak morning and evening traffic hours. The impact of this new
traffic on existing traffic in the vicinity of the project shall
be appraised and a list submitted of new street construction or new
traffic control measures required, if any, to acco mmdate the
estimated traffic increases.
Sec. 31-72. C-4 Planned Cmmercial District.
(a) In the C-4 Planned Commercial District land may be used after the
approval of a Final Plan only under the following conditions:
48
® (1) Purpose - There are certain areas in the City where shopping and
office centers would contribute to the quality of neighborhoods if
the centers are carefully planned, strictly controlled, and
developed in accordance with established criteria. One purpose of
the Planned commercial District is to enable the Commission to
review center plans in their preliminary phase for compliance with
design criteria. The Commission and the Council cil may impose such
conditions and restrictions on the proposed development as may be
necessary to ensure that the center will be compatible with, or an
eft to, prevailirtj area oarditions. Another purpose of
this district is to encourage unified developments and to permit
flexibility in design.
(2) Permissive Uses - Land and buildings in the C-4 Planned commercial
District may be used for any permissive or conditional use of the
C-1 District and any other oamnerrcial use which, in the opinion of
the Cmui.ssion, are ordinarily accepted as shopping center uses.
However, the Commission may further limit uses permitted as a part
of the Preliminary Plan Review and Decision.
Sec. 31-73. M-3 Planned industrial District.
(a) In the M-3 Planned Industrial District land may be used after
approval of a Final Plan,, only under the following conditions:
(1) Purpose - There are certain areas in the City where industrial
parts developed with limited controls could have adverse impacts
on traffic flow and adjacent land use. The Planned Industrial
District allows the Commission to impose conditions and
restrictions which will reduce or eliminate these impacts. Another
purpose of this district is to encourage unified development and
to permit flexibility in design.
(2) Permissive Uses - Land and buildings in the M-3 Planned. Industrial
District may be used for any permissive use in the M-1 District.
However, the Commission may further limit uses permitted as a part
of the Preliminary Plan Review and Decision.
Sec. 31-74. MH Mobile Hann Residential District.
(1) Inhabited Mobile Hanes to be in Approved court - All inhabited
mobile hones or trailers shall be located in a mobile hone or
trailer court which has been approved by the Commission. No mobile
home or trailer outside of an approved court, except those being
offered for sale and not inhabited, shall be connected to
utilities.
(2) Review of Preliminary and Final Plans and Decision - The required
Preliminary and Final Plans shall be prepared, submitted and
reviewed in accordance with the procedures described in Section
31-70. The Commission may approve, approve with corditicans, or
49
deny approval of the Preliminary Plan. The Commission may impose
one or more of the conditions specified in Article IX on the
pr .jzr. d development. In reviewing plans the Conviission shall
consider all of the standards and factors specified in Section 31-
70 and shall also determine that the proposed court meets all of
the following design standards and rests:
a. Each lot provided for the occupancy of a single mobile home
unit shall have an area of not less tai 3,500 square feet,
and a width of not less than forty-five (45' ) feet, and no
park shall be permitted an average density of trailer lots
of more than nine per acre, and each trailer court shall
provide an area of not less than ten acres.
b. All courts shall provide lots sufficient in size that no
mobile home or trailer or airy structure, addition or
appurtenance thereto is located less then ten (101 ) feet from
the nearest adjacent court boundary.
C. Space between mobile homes or trailers may be used for the
parking of motor vehicles if the space is clearly designated
and the vehicle is parked at least ten (10' ) feet from the
nearest adjacent court boundary.
d. Each site shall abut or face a clear unoccupied space,
driveway, roadway, or street of not less than twenty-faun
(241) feet in width for a one-way street, and not less than
thirty-two (321 ) feet in width for a two-way street, which
shall have unobstructed access to a public highway, street
or alley.
e. The court shall be surrounded by a landscaped strip of open
space fifty (501 ) feet wide alorcag the street frontage of a
major street and twenty-five (251 ) feet wide along all other
lot lines or street frontage.
Secs. 31-75 - 31-79. Reserved.
ARTICLE X. AEMM ISTRATION
Sec. 31-80. Board of Adjustment.
(a) The Hoard of Adjustment is hereby created. Such Board shall
consist of five members, who shall be residents. The memberrship of the first
Board appointed shall serve respectively, one for one year, am for two years,
one for three years, one for four years, and one for five years. Thereafter
members shall be appointed for terms of five years each. Three alternate
members may be appointed to serve in the absence of or the disqualification of
the regular members. All members and alternates shall be appointed by the
Mayor with the approval of the C7ounoil. All members and alternates shall be
removable for cause by the Mayor with Council approval upon written charges
having been filed with the Council and after a public hearing has been held
regarding these charges, a copy of the charges having been served upon the
member so charged at least ten days prior to the hearing, either penally,
or by certified mail, or by having the sane at his usual place of residence.
• 50
The member shall be given an epportmdty tb be heard and exwo ' such charges.
Vacancies shall be filled by appointment of the Mayor, with the approval of
the camil, and shall be for the uraxpi.red term. Alternate members shall be
appointed annually to serve for a period of one year.
(b) Fbur regular and/or alternate meir&cam constitute a quorum. Fbur
affirmative votes are required -bo make a decision on an appeal or application.
When only four regular and/or alternate members are fit, the applicant may
request his appeal or application be eant-.im:ed so as to be heard by five mem-
bers and/or alternate members of the Board. When the Board lacks sufficient
ambers for a quorum the business before the Board shall be cxantixwed to the
Board's next regular meeting or at an earlier date established by the Chairman.
(c) The Board shall organize and adopt rules in accordance with the
pravisians of this chapter. Meetings of the Board shall be held at the call
of the Chairman, and at such time, as the Board may determine. The Chairman,
or in his absence the Acting Chairman, may administer oaths and the Board may
compel the attendance of witnesses. All meetings of the Board shall be open
to the public. All business of the Board shall be transacted at such meetings.
The Board shall keep minutes of its pr�issga showing the vote of each amber
upon each question, or, if absent or failing to vote, indicating such fact, and
shall keep reoords of its examinations and other official actions, all of which
shall be a public record. All testincny, objections t exeto and rulirxjs
thereon shall be recorded and minutes shall be taken and maintained by a person
employed by the Department of Planning and Code Fhforxemant.
(d) Appeals to the Board may be taken by any person aggrieved. Such
appeal shall be taken within 20 days after the decision by filing with the
officer from whom the appeal is taken and with the Board. a notice of appeal
specifying the grounds thereof. The offioar from wham the appeal is taken
shall forthwith transmit to the Board all the papers ccnslatuting the record
upon which the action appealed from was taken. The Hoard shall fix a
reasonable time for the hearing of the appeal, give ten days notice to the
parties in interest, and decide the same within a reasonable time after it is
submitted. Upon the hearing, any ply may appear in pm—,on or by attx=ey
(e) Any person, firm, or corporation owning in fee simple real
property within the City may file an application with the Board requesting a
hearing, variance, exception, ocnditicnal use
or an interpretation of this chapter or of the zoning Map.
(f) The application shall be on a form supplied by the Director of
Planning and filed with the Director of Planning. The application shall be
signed by all owners of the property and shall include:
(1) The oorrect legal description of the property,
(2) The current zoning of the property,
(3) The name, address and phoaie nwmber of at least one property owner,
and
51
S (4) A clear description of the request.
(g) In all instances where new construaticn, is involved or where yard
or parking variarxms are requested., a site plan, drawn to scale, showing
existing and proposed buildings with their distances from property lines shall
be attached to the application. Applications or appeals for hearing before the
Hoard shall be filed at least fifteen writing days prior to the public meeting
to be held by the Hoard. All applications or appeals shall be acoarpaded by
a check payable to the "(.'ity of Jeffers" in the eanunzt established by the
City Council as the Hoard of Adjustment filing fee.
(h) The power of the Board are:
(1) To interpret the chapter, being:
a. 710 hear and decide appeals where it is alleged there is an
error in any order, requirement, decision or determination
made by the Director of Planning in the enforcement of this
chapter.
b. To permit the extension of a district where the boundary line
of a district divides a lot held in a single ownership at the
time of the passage of this chapter.
C. To interpret the provisions of this chapter in such a way as
to carry out the intent and purposes of the plan, as shown
upon the map fixing the several districts accompanying and
made a part of this chapter where the street layout on the
ground varies from the street layouts as shown on the map
aforesaid.
(2) Zb permit the following three exceptions:
a. Use of premises for public utility and railroad purposes or
for a radio or television tower or broadcasting station.
b. Reconstruction of a ncn-conibnning building that would
otherwise be prohibited by Section 31-81, where such action
would not constitute continuation: of a morupoly.
C. The erection of structures in the vision triangle as
described in Section 31-41(a)(10) where either required front
yard on a corner lot is Less than 25 feet.
(3) To grant variances to the yard, let width and area, accessory
building, height, fence, and off-street parking provisions of this
chapter.
a. Applicant's responsibilities. When requesting a variance,
it shall be the responsibility of the applicant to show how
this property and/oar particular circumstance fully meets all
of the findings the Hoard is required to make.
b. Required findings, general. Before granting any variance,
the Hoard shall find all of the following: The proposed
variance, if granted, would:
• 52
® 1. Not eliminate an adequate supply of light or air to
adjacent prapsr y, substantially increase congestion
in the public street, increase the danger of fire, or
endanger the safety of the public.
2. Not be unduly injurious to the use and eanjayment of
adjacent property nor would it substantially diminish
property values in the neighborhood.
3. Be in keeping with the general spirit and intent of
this chapter.
c. Variance to yard, lot width or lot area regulations. In
addition to the general findings, the Board shall also find,
before granting a variance to the yard, lot width or lot area
regulations that:
1. There is an exceptional or unusual physical condition
of a lot, which condition is not gmvwally prevalent
in the neighborhood, and, in the case of vacant land.
2. Said physical condition would prevent a reasonable or
sensible arrangement of buildings ocn the lot.
d. Variance to the provisions of Section 31-20(a)(1)[b.] to
allow accessory buildings to contain a maximum of 1,500
square feet. In exercising this authority, the Board may
impose conditions and shall find, in addition to the general
findings, the following:
® 1. The aoc?ss.. building will be located on a lot
containing four or more acres.
2. The accessory building will be used to house the
owner's personal vehicles.
3. The accessory building will be Located in the rear
yard, will be at least 50 feet from all side and rear
lot lilies and will be at least 250 feint from any public
street.
4. The building materials used on the building will blend
in with the landscape and minimize the visual impact
of the structure.
G. Variance to the fence height regulations. In addition to
the general findings, the Board shall also find, before
granting a variance to the fence height regulations, that the
applicant has conclusively demonstrated that:
1. The specific use of the fence requires a height greater
than permitted by this chapter, and
2. The variance, if granted, would be the minimum
necessary for the fence to serve its purpose.
f. Variance to the height regulations. Building and structures;
including such structures as television and radio towers,
church spires, belfries, monuments, tanks, water and fire
. 53
® tom, stage towers or scenery lofts, cooling towers,
osnemental towers and spires, chimneys, elevator bulk heads,
stacks, conveyors and flag poles; may be erected to such
height as may be authorized by the Board. In addition to the
general findings, the Board shall also find that the height
of the proposed building or structure will not violate any
airport air space height restrictions.
g. Variance to the number of required of£street parking spaces;
required specific findings and maxinun permitted reductions.
In addition to the general findings, the Board shall also
find, before granting a variance to the number of off-street
parking spaces required by this chapter, that the applicant
has conclusively deQnonstrated that the specific use of a
building does not necessitate the total n umber of required
off-street parking spaces. The reduction in the n umber of
spaces which may be authorized by the Board shall not be more
than fifty (50%) percent of the usual requirement.
h. Variance to the location of required offstreet parking
spaces. In addition to the general findings, the Board shall
also find, before granting a variance to the locaticn
requirements for off-street parking, that the applicant has
conclusively demonstrated that:
1. Strict compliance with the location requirements would
® create an unnecessary hardship, or
2. The use associated with the parking does not
necessitate close proximity between the parkitxi and the
use.
i. Extent of variance limited. A variance, if granted, shall
be limited to the minimim variance neoessary to resolve, in
whole or in part, the particular problem of the applicant.
j. Oonditicns. In granting a variance, the Board may impose
such conditions upon the premises receiving the variance as
may be necessary to ensure that the variance will not:
1. Be unduly injurious to the use and enjoyment of other
prtiperly in the immediate vicinity.
2. Have a significant adverse affect cn property values
in the neighborhood.
3. Endanger or be detrimental to the public health, safety
or general welfare of the citizens of the city.
(4) To grant Conditional Use Permits:
a. To hear and decide upon applications for Conditional Use
Permits specifically listed in the district regulations of
this chapter.
. 54
® 1. The Board shall find for all conditional Uses, or
establish provisions therefor, that the Conditional Use
will:
a. Not impede nor detract from the normal
development and hitgommAt of Run, rounding
property for uses permitted in the district.
b. Not cause undue congestion or other traffic
problems on the public streets.
C. Be adequately served by utilities.
d. Meet all fire, health, building, stoxnwater
drainage, pluming, electrical, off-street
parking and sign regulations of the City.
ISO Have access drives which are designed and
constructed in accordance with City standards.
2. The Board may impose conditions to ensure that the
cocxlitianal use will not:
a. Be unduly injurious to the use and enjoyment of
other property in the immediate vicinity.
b. Have a significant adverse affect on property
values in the neighborhood.
c. Be detrimental to nor endanger the public health,
safety or general welfare of the citizens of the
city.
® 3. On premise signs in residential districts may be
permitted by the Board of Adjustment when the Board
grants a Conditional Use Permit for a cca mercial or
industrial use provided that an accurate description
of the :sign°s sits, location m-A characteristics are
made a part of the application for a Conditional Use
Permit. The Board may h pose conditions on Conditional
Use signs. Changes in the wording on Conditional Use
signs are permitted, howevw, no change shall be mach
to the size, location or character of any sign located
on a tract where a Conditional Use Permit has been
granted until after a new Application for a Conditional
Use Permit has been filed and approved. The Board may
not vary the Home Occupation signage requirements.
i. Rehearing the same request:
(1) Any interested party may, in writing and within ten (10) days
of the Board's decision, request that the Board reconsider
any decision which adversely affects such party.
(2) The Board shall rehear the request; only if it determines:
a. Certain pertinent evidence was not presented, or
55
e
b. ��hearing, ccxrectian was made at the
or
c. There is new, pertinent evi.denoe, or
d. There has been a material change in fact or
circumstance.
(3) The party, vihen requesting the rehearing, shall submit a
written statement setting out any alleged error or omission;
any new, pertinent fact; or the material chwxie in fact or
cdxcumstance upon which the request for rehearing is based.
(4) At its next meeting, the Board shall consider and vote on the
request for rehearing and, if approved, the request shall be
reheard at the same, or at a subsequent Board meeting.
(5) When making its determination to rehear the request, the
Hoard will limit the testimony to that presented by the party
requesting the rehearing.
(6) All interested parties will be heard at the rehearing if the
request for rehearing is granted.
(7) Requests for xvhearing shall not be subject to the
application filing fee.
�. Procedure to be followed on successive and similar applications:
® (1) No application shall be filed within ninety (90) days
of the final disposition by the Board of a previous
application for the same property, or portion thereof,
for the same, or substantially the same, purpose.
(2) After the eapiraticn of the above stated ninety (90)
day period, a new application may be filed for the same
property, or portion thereof, for the same, or
substantially the same, purpose.
a. The applicant, when filing the now application,
shall submit a written statement setting out the
new, pertinent evidence or material cluange in
fact or circumstance which warrants and supports
the filing of the new application.
b. At its next meeting, the Hoard shall consider and
vote on whether or not to hear the new
application.
c. The Hoard shall hear the new application only if
it determines these is near, pertinent evidence
or there has been a material change in fact or
circumstance. In making that determination, the
Board will limit the testimony to that of the
applicant.
d. If the Board decides to hear the new application,
the hearing may be held at the same, or at a
56
® subsequent, Board meeting at which time all
interested parties will be heard.
e. New applications shall be subject to the
application filing fee.
k. Revocation - The Board, at any regular or special meeting, may
rerodce a variance or conditional use permit granted hsraunder upon:
(1) failure of the owner (hera called "tine applicant") of
the property, for which the variance or conditional use permit was
granted to comply with any of the conditions the Board may have
imposed when it granted the variance or permit; or (2)
disoorntinuarnoe of the conditional use boy the applicant for a
continuous period of nine (9) months. The Board shall notify the
applicant by certified mail and the owners of record of all real
property located within one hundred eighty-five (185' ) feet of the
applicant's property by regular mail postmarked net less than ten
(10) days pricy to the Board meeting at which revocation is to be
considered.
Sec. 31-81. Non-Gbnfarmiing Uses Axe Regulated.
(a) Non-conforming Use of Land - Ube a open land is tier used as a
non-conforming use and such use is the pr:h-ncipal use and not accessory to the
main use conducted in a building, such use shall be discontinued not later than
ninety (90) days from the date of passage of this charter. During the ninety
(90) day period such non-ocnfcrming use shall not be extended or enlarged,
either on the same or adjoining property. Any building incident and
subordinate to such use of land, such as a shed, tool house, stowage building,
office or trailer, shall be removed at the end of the ninety (90) day period,
or, if such building is so cxrzt acted as to permit the issuance of a permit
for a use not excluded from the district, such 'building may rern-Un as a
conforming use: there after, both land and building shall be used only as
conforming uses.
(b) Non-conforming Use of Buildings - apt as otherwise provided
herein, the lawful use of a building existing at the effective date of this
chapter may be continued although such use does not conform to the provisions
hereof. If no structural alterations are made, a non-conforming use of a
building may be changed to another n ri-co fondM use of the same or of a more
restricted classification. Whenever a non-conforming use has been changed to
a more restricted use or a conforming use, such use shall not thereafter be
changed to a less restricted Use. The non-conforming use of a building may be
hereafter extended throughout those parts of a building which were lawfully
and manifestly arranged or designed for such use at the time of the enactment
of this chapter.
(c) Restrictions on enlarging or altering a structure housing a non-
conforming use. An existing structure housing a non-conforming use shall not
be enlarged nor structurally altered except under the following oonditions:
(1) Alteration is for the express purpose of converting the structure
to a ccnfcrmirxj use.
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® (2) Alteration will ens=9 compliance with the health and safety
requirements of the City, but such alteration shall only be
permitted to the extent minimally necessary to bring the
structure into compliance with the health and safety
regulations.
(3) A building containing one or more dwelling units, in districts
where such occupancy is a nora-oonfoxming use, may be altered in
ways which will enhance the livability of the dwelling unit or to
ensure compliance with the health and safety regulations of the
city. Under no circumstances shall these alterations result in an
increase in the number of dwelling units in the building, or the
bulk of the building.
(4) Repairs s and non-structural altercations may be made to a non-
conforming building.
(5) Thane may be a change in tenancy, ownership p or management of a
structure which houses a non-conforming use.
(6) A parking area on a lot with a non-conforming building may be paved
in accordance with the provisions of Article VIII.
(7) A fence may be erected in accordance with the provisions of Section
31-21 on a lot with a non-conformirxj building.
(8) Nothing contained in exoeptiais l through 7 above shall be
construed to permit an enlargement of a non-oonforming
building.
(d) Discontinuance of Non-Conforming Uses - No building or Portion
thereof used in whole or in part for a non-conforming use in any district,
which remains idle or umised for a oontirumus period of nine (9) months,
whether or not the equipnent: or fixtures are removed, shall again be used
except in conformity with the regulations of the District in which it, is
located.
(e) Destruction of a Non-Conforming Use - No building which has been
damaged by any cause whatsoever to the extent of mare than 50% of the fair
market value of the building immediately prior to damage, shall be restored
except in conformity with the regulations of this chapter, and all rights as
a non-conforming use are terminated. If a building is damaged by less than 50%
of the fair market value, it may be repaired or and used as
before the time of damage, provided that such repairs or reconstruction be
substantially complete within 'twelve months of the date of such damage.
(f) Cbcxiitional Use Not Non-Conforming - Existing uses eligible for
Conditional Use Permits shall not be ncm-ocnforming uses but shall require a
Conditional Use Permit for any alteration, enlargement or extension.
• 58
® (g) Intermittent Use - The casual, intermittent, t wporary, or illegal
use of land or buildings shall not be sufficient to establish the existence of
• non-conforming use and the existence of a non-confoaming use on the part of
• lot or tract shall not be construed to establish a nan-oonforming use on the
entire lot or tract.
(h) Existence of a Non-Conforming Use - tether a roan-coinforming use
exists shall be a question of fact and shall be decided by the Board of
Adjustment after public notice and hearing and in accordance with -the rules of
the Board.
(i) Nan-Conforming Uses Not Validated - A non--conforming use in violation
of a provision of the ordinance which this chapter repeals shall not be
validated by the adoption of this chapter.
Sec. 31-82. Site P]aan Review.
(a) For the purpose of assuring good arrangement, appearance, function,
harmony with and adjacent uses and the objectives of the Land Use
Plan, and compliance with the requirements of them regulatials, site plans
for the following major uses shall be submitted and reviewed in accordance with
the requirements and procedures of this Section:
(1) Multiple family dwellings oontaining more than three dwelling units
or formirx3 part of a multiple family development of two or more
buildings.
® (2) Townhouses, four plexes, six plexes, atrium houses, patio houses
or any other similar attached residence.
a. For purposes of this Section, atrium hxm and patio house
shall be defined as follows:
1. Atrium House: Dwelling units constructed around an
open court or central hall. The atrium may be open to
the sky or enclosed in glass. 11he provisions of this
section shall only apply to atrium houses which include
three or more dwelling units.
2. Patio House: Dwelling units constructed around an open
oourt with such court generally being Spanish in
character. The patio may be open to the sky or enclosed
in glass. The prrovisions of this section shall only
apply to patio houses which include three or more
dwelling units.
(3) Churches, temples, synagogues and other religious facilities.
(4) All educational and institutional. facilities.
(5) All business buildings, oomnercial buildings, or industrial
buildings.
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® (b) Gmuwal Pmoed ure -
(1) Site Plan Review for Planned Districts. The site plans for Planned
Unit Developments, Mobile Home Parks, and Planned C mu erai.al and
Planned Induatrial Districts shall be reviewed in accordance with
the provisions of Article IX, of this chapter.
(2) Site Plan Review for Conditional. Uses. The site plans for
Conditional Uses shall be reviewed by the Hoard of Addustrnmt in
accordance with the provisions of Sections 31-80 and 31-82(d) of
this chapter.
(3) Administrative Site Plan Review. Site plans for uses listed in
Section 31-82(a) which are not a part of a Planned District or for
which 0onditional Use approval is not required shall be reviewed
in accordance with Section 31-82(c), Procedures of Administrative
Site Plan Review.
(c) Procedures for Administrative Site Plan Review - This review is to
be conducted by City personnel with preliminary and final approval by the
Director of Planning. It shall be the responsibility of the Director of
Planning to ensure careful design and compatibility with neighboring conditions
In accordance with the terms of the Za img Ordinance. The administrative site
plan review procedures are as follows:
(1) Two copies of the preliminary site plan shall be submitted to the
® Director of Planning, one copy of which shall be forwarded to the
Director of Public Works. Administrative site plan review shell
involve both the Planning and Code Favforcemit Department and the
Public Works Department and shall take place within ten (10) days
from the date of submittal of all required information. The
applicant is advised to review his site plans, in general or sketch
form, with the Planning Staff prior to drafting for official
submittal.
(2) The officials, or their representatives, shall examine the proposed
site plan with respect to the requirements of the zoning (Ordinance,
and in relaticnship to major thoroughfares; traffic and circulation
patterns, internal and external.; utilities; drainage; oonmuntty
facilities, existing and proposed; surrounding developments,
existing or future; consideration of topography; flood plains; and
the natural environment; the preservation of trees or historic
sites; provisions for open space; and in general with the objective
of ensuring durable, harmonious, and appropriate use of the land
in accord with the objectives of the Comprehensive Plan. Except
as specified below, no public hearing shall be required and the
plans shall be returned to the applicant as approved, approved
subject to conditions, or disapproved.
(3) If specified conditions are met in revised plans, the Director of
Planning may approve issuance of building permits accordingly, and
at the same time may approve additional minor changes if such
60
® changes do not substantially affect the original appaxoval or
conditions attached thereto.
(4) If the Director of Planning is of the opinion that a proposed
project is of such scale and impact that it should be addressed by
the Board of Adjustment or the Plamiing and Zoning Commission, the
project may be referred to said Board or Cortmissicn.
(5) NothiM in this section shall be interpreted to permit a grant of
a variance or exception to the regulations of this chapter or to
abridge the procedures or requirements of the laws and crdi wxms
governing the subdivision of land.
(6) Appeal. In any case where the applicant or other party who has a
substantial interest in a posed project believes that a decision
of the Director of Planning or of the Director of Public Works
regarding a site plan is in error or net in accord with this
chapter, said applicant or panty in interest may file an appeal of
the administrative decision with the Directs of Planning who shall
place the matter on the agenda of the Planning and Zoning
Commission. The favorable vote of a majority of the Planning and
Zoning Commission shall be required to reverse the decision of the
Director of Planning. Final appeal shall be to the City Council
and it shall require a majority vote of the City Council to override
the Planning and Zoning C udssion.
(ui Procedure for Approval of Site Plans where, C t l.
ondiional Use Approva
is Required.
(1) Those us-as listed in Section 31-82(a) for which Conditional Use
approval is required may have site plan review take place
concurrently with the consideration of application for Conditional
Use or following Conditional Use approval, in conformance with the
procedures below:
a. Seven (7) copies of a preliminary site plan shall be filed
with the Board of Adjustment through the Director of Planning.
The Director of Planning shall foar#hwith forward the plans
to the Hoard of Adjustment and Director of Public Works for
review.
b. The Hoard of Adjustment shall hold a public bearing and shall
review the site plan for compliance with the requirements of
this chapter. The Board may make reasonable additional
requirements, including, but not limited to, areas of
drainage, utilities, landscaping and maintenance thereof,
lighting, signs, advertising devices, screening, access ways,
curb cuts, traffic control, height of buildings and setback
of buildings.
c. Approval of the Board of Adjustment of a preliminary site
plan for a Conditional Use shall be valid for a period of one
(1) year. Following approval of the preliminary site plan
by the Board, the final plan may be filed and may be approved
61
by the Director of Planning if it conplies with the
specifications and conditions of the Board. Pewits shall
be issued in accordance with the approved and filed final
site plan.
(e) Revocation of Permits - No permit shall be issued for any structure
in any area covered by a site plan ttiat is required under the provisions of
this Section except in conformity to such plan which has been duly approved.
Permits issued under an approved site plan may be revdced by the Director of
Planning for failure to comply with the approved plans, the conditions attach-
ed thereto, or other applicable regulations.
(f) Approval and Extension - Approval of a site plan submitted under the
provisions of this Sectic n. shall expire one (1) year after the date of such
approval unless building permits have been obtained for ccnsUx ticn in
accordance therewith. A single one (1) year extension may be given upon written
request by the applicant to the Director of Planning made ninety (90) days
before the expiration of the approved site plan. The Director of Planning
shall adaaowledge the request and shall make a decision regarding the reque sted
extension within 30 days after receipt of the regiest.
(g) Right of Developer to Continue Project - Subject to the time limits
and conditions specified, the rights of an owner or developer to continue a
project for which a site plan has been approved shall rat be abridged so long
as he proceeds toward completion with reasonable care and diligence and in
accordance with the terms of the approval.
(h) Rests for Site Plans, Content and Foam - The site plans shall
be clearly drawn and shall show the follow:
(1) The proposed title of the project, owner or owners of the land, and
the name of the engineer, architect, designer, or landscape
architect, and the developer.
(2) The north point, scale and date.
(3) Location of the project.
(4) Existing zoning and zoning district boundaries.
(5) The boundaries of the property involved, the general location of
all existing easements and property lines, existing streets,
buildings, or waterways, major tree masses and other existing
features in or adjoining the project.
(6) Uses of adjoining properties and names of owners.
(7) The approximate location and sizes of sanitary and storm sewers,
water mains, culverts, and other undergmmnd std, existing
and planned, in or near the project.
(8) Proposed changes in zoning, if any.
62
® (9) The general location and character of constr a in of proposed
streets, alleys, driveways, curb cuts, entrances and exits, loading
areas, (including number of parking and loading spaces), outdoor
lighting systems, sborm drainage and sanitaW facilities.
(10) The general location of proposed lots, setback lines, and easements
and proposed reservations for parks, parkways, playgr=-As, school
sites and open spaces.
(11) The location of buildings with respect to each other and lot lines;
number of floors and g4woximte height of all proposed buildings
and structures, accessory and main; cr major excavations. The
locations should be drawn to scale but full dimensioning is not
required on the preliminary plan for a large-scale project which
is to be a000mplished in stages.
(12) For residential structures, the number, size, and type of dwelling
units.
(13) General location, height, and material of all fences, walls, screen
planting and lwx1scaping.
(14) Proposed location and character of horn-residential uses, camorcial
or industrial uses, accessary or main.
(15) General location, character, size and height or orientation of
proposed signs.
(i) The Director of Planning may establish additional requirements for
Preliminary site plans, and in s1x3cial cases, may waive a particular requirement
if, in his opinion, the inclusion of that requirement is not essential to a
proper decision on the project. Site plans may be prepared on one or more
sheets to show clearly the information required by this article and to
facilitate the review and approval of the plan. If prepared cn more than one
sheet, match lines shall indicate where the several sheets join. Each plan
sheet shall reserve a blank space three inches wide arxi five inches high for
the use of the approving authority.
Sec. 31-83. Einfamaeresnt of the Chapter.
(a) Director of Planning:
(1) Duties - It shall be the duty of the Director of Planning to enforce
this chapter. The Director of Planning shall receive applications
required by this chapter, issue permits and furnish the prescribed
certificates. He shall examine premises for which permits have been
issued, and shall make necessary inspections to sea that the provi-
sions of law are complied with. He shall enforce all laws relating
to the construction, alteration, repair, removal, demolition
v
equipment, use and occupancy, location and maintenance of buildings
and structures, except as may be otherwise provided far. He shall,
63
when requested by the Mayor or Qxunil, or when the interests of
the muniaipality so require, make investigations in connection with
matters referred to in this chapter and render written reports on
the saw. Fbr the purpose of enforolmig oompliance with law, he
shall issue such notices or orders as may be necessary.
(2) Insp®ctions - Inspections shall be made by the Director of Plmming
or a duly appointed assistant.
(3) Rules - Fbr carrying into effect its provisions, the Director of
Planning may adapt riles consistent with this chapter.
(4) Records - The Director of PlamibV shall keep careful and
give records of applications, of permits issued, of
certificates issued, of 1xispections made, of reports rendered, and
of notices or orders issued. He shall retain on file copies of all
papers in connection with building work for a time period as
established by the Director of Planning but for at least three
years. All such records shall be open to public inspection at
reasonable hours, but shall not be removable from the office of the
Director of Plamning.
(5) Cooperation of Other officials - The Director of Planning may
request and shall receive, so far as may be necessary in the
discharge of his duties, the assistance and cooperation of the
Director of Public Works in fixing grades, of the Chief of Police
® in enfercJxq orders, of the Attorney in Ming violatienq, or
other officials.
(b) Permits:
(1) When Required - It shall not be lawful to fact, alter,
repair, remove or demolish, or to earnnen a the construction,
alteration, removal or demolition of a building or structure,
without first filing with the Director of Planning an
application in writing and obtaining a formal permit.
(2) Form - An application for a permit shall be submitted in such
form as the Director of Planninrg may prescribe. Such
application shall be made by the owner or lessee, or agent
of either, or the architect, engineer, or builder employed
in connection with the proposed work. If such application
is made by a person other thane the owner in fee, it shall be
acocnVanied by a duly verified affidavit of the owner in fee,
or the persona making the application that the proposed work
is authorized by the owner in fee and that the person making
the application is authorized to make such application. Such
application shall contain the full names and addresses of the
applicant and of the owner, and, if the owner is a corporate
body, of its responsible officers. Such application shall
describe briefly the proposed work and shall give such
additional information as may be required by the Director of
• 64
Planning for an intelligent of the proposed
work. Such application shall be acoampanied by payment of
such fees as the Council may determine from time to time.
(3) Plans - Application for permits shall be aooarpanied by such
drawings of the proposed work, drawn to scale, including such
floor plans, sections, elevations and structure details, as
the Director of Planning may rte.
(4) Plot Diagram - There shall also be filed a plot diagram in
a form and size suitable for filing permanently with the
permit record, drawn to scale, with all dimensions figured,
showing accurately the size and exact location of all proposed
new eocLs tructicn or, in the case of demolition, of t hs
structures which are to be demolished, and of all existing
buildings prepared by, and signed by, a registered surveyor,
engineer, or architect.
(5) Ambits - Nothing in this Section shall prohibit the filing
of amendments to an application or to a plan or other record
accompanying same, at any time before the completion of the
work for which the permit was sought. Such amendments, after
approval, shall be filed with and be deemed a part of the
original application.
(6) Cmpleticn of Existing Buildings - Nothing contained in this
chapter shall require any change in the plans, construction,
size or designated use of a building, for which a valid permit
has been issued or lawful approval given before the effective
date of the ordinance which adopted this chapter, provided
however, construction under such permit or approval shall have
been started within six months and the ground story framework,
including structural parts of the second floor, shall have
been completed within one year and the entire building
completed within two years after the effective date of the
ordinance which adopted this chapter.
(7) Action on Application - It shall be the duty of the Director
of Planning to examine applications for permits within a
reasonable time after filing. If, after examination, he
finds no objection to the same and it appears that the
proposed work will be in compliance with the laws and
ordinances applicable thereto, he ehall approve such appli-
cation and issue a permit for the Proposed work as soon as
Practicable. If his examination reveals otherwise, he will
reject such application, noting his findings in a report to
be attached to the application and shall deliver a copy to
the applicant.
(8) Approval in Part - Nothing in this Section shall be construed
to prevent the Director of Planning from issuing a permit for
the construction of park; of a building or structure before
• 65
the entire plans and detailed statements of the said building
® or structure have been submitted or approved, if adequate
plans and detailed statements have been presented for the
same and have been found to amply with this chapter.
(9) Condition of the Permit - All work performed under a permit
issued by the Director of Planning shall contonn to the
approved application and plans, and approved anetydrtrente
thereof. The location of all new construction as shown a1
the approved plot diagram, or an approved amendment thereof,
shall be strictly adhered to. It shall be unlawful to reduce
or diminish s the area of a lot or plat of which a plot diagram
has been filed and has been used as the basis for a permit,
unless a revised plot diagram showing the proposed change in
conditions shall have been filed and approved; provided that
this shall not apply when the lot is reduced by reason of a
street opening or widening or other public icnpoovexnent.
(10) Signature to Permit - Every permit issued by the Director of
Planning under the provisions of this chapter shall have his
signature affixed tY-areto; but this shall not prevent him
from authorizing a subordinate to affix such signature.
(11) Limitation - A permit under which no work is oanoenced within
one year after issuance shall expire by limitation.
(12) Posting of Permit - A copy of the permit shall be kept an the
premises open to public inspection during the prosecution of
the work and until the completion of same. The Director of
Planning may require a certified copy of the approved plans
to be kept on the premises at all times from the amat t
of the work to the am pletri.on thereof. The Director of
Planning shall be given at least twelve hours notice of the
starting of work tinder a permit.
(13) Revocat ion - The Director of Planning may revoke a permit or
approval issued under the provisions of this chapter in case
these has been any false statements or misrepresentation as
to a material fact in the application or plans on which the
permit or approval was based.
(14) Certificate of Occupancy for a Building - No building shall
be occupied before a Certificate of Occupancy has been issued.
Certificates of Occupancy for a new building or the
reconstruction or alteration of an existing building shall
be applied for coincident with the application for a Building
Permit and said certificate shall be issued within three days
after the request for same shall have been made in writing
to the Director of Planning after the erection or alteration
of such building or part ilxweof shall have been completed,
in conformity with the provisions of these regulations.
Pending the issuance of a regular certificate, a temporary
• 66
Certificate of Occupancy may be issued by the Director of
Plm dM for a period not exceeding one year, during the
completion of alterations or during partial occupancy of a
building pending its completion. Such tearporary certificate
shall not be construed as in any way altering the respective
rights, duties or obligations of the owners r!c of the tenants
relating to the use or occupancy of the prenl.;.jes or any ottier
matter covered by this chapter, and such temporary certificate
shall not be issued except under such restrictions and
provisions as will adequately ensure the safety of the
occupants.
(15) Certificate of Occupancy for Land - Certificate of Occupancy
for the use of vacant land or the charge in the character of
the use of land as herein provided shall be applied for before
any such land shall be died or used, and a Certificate
Of OCCUIMIPy shall be issued within three days after the
application has been made, provided such use is in conformity
with the provisions of these regulations.
(16) Content of Certificate of Occupancy - Certificate of Occupancy
shall state that the building or proposed use of a building
or land complies with all the building and health laws tend
ordinances and with the provisions of these regulations. A
record of all certificates shall be kept on file in the office
of the Director of Plaiudng and copies shall be furnished,
on request, to any Person having a Proprietary or tenancy
® interest in the building affected. No fee shall be charged
for a Certificate of Occupancy.
(17) Certificate of Occupancy for Non-ocnnforming Uses - A
Certificate of Occ.-upanxy shall be required for all non-
conforming uses. Applications for such certificate for rm-
conforming uses shall be filed within twelve months from the
effective date of the ordinance which adopted this chapter.
(18) Excavation Permit - No permit for excavation for any building
shall be issued before application has been made for a
Certificate of Occupancy.
Sec. 31-84. Boundaries of Districts.
(a) Where uncertainty er•tainty exists with respect to the boundaries of the
various districts as shown on the District Map accompanying and made a part
of this chapter, the following rules apply:
(1) The district boundaries are either streets or alleys unless
otherwise shown, and where the districts designated on the map
accompanying and made a part of this chapter are bounded
appx whitat:ely by street or alley lines, the street or alley shall
be construed to be the boundary of the district.
67
® (2) Where the district boundaries are not otherwise indicated, and
where the property has been or may hereafter be divided into blocks
and lots, the district boundaries shall be construed to be the lot
lines, and where the districts designated on the District Map
acoompa%,ing and made a part of this chapter are bon-ded
ar=oximately by lot lines, the lot lines shall be construed to be
the boundary of the districts unless the boundaries are otherwise
indicated an the map.
(3) In unsubdivided property, the district boundary lines on the map
acoomparYy3ng and made a part of this chapter shall be determined
by use of the scale appearing on the map.
sec. 31-85. Interpretation.
(a) In interpreting and applying the provisions of this chapter they
shall be held to be the minimum requirFinents for the praotion of the public
safety, health, convenience, comfort, morals, pxnsparity and general welfare.
It is not intended by this chapter to interfere with or abrogate or annul any
easements, covenants or other agreements between parties, except that if this
chapter imposes a greater restriction, this chapter shall control.
Sec. 31-86. AmendmEnt of the Chapter.
(a) The Council may from time to time, on its own motion or on
petition, amend, supplement, change, modify or repeal by ordinance the
boundaries of districts or regulations, or restrictions herein established.
® Any proposed amendment, supplement, change, modification or repeal shall first
be submitted to the Cammission fair its recommendations and report. If the
Commission makes no report within 60 days, it shall be considered to have made
a report approving the proposed amendment, supplement, modification or change.
After the recanmerndatiorms and report of the C a nnission have been filed, the
Council shall, before enacting any proposed amerxbnent, supplement, change,
modification or repeal, hold a public hearing in relation thereto, giving at
least 15 days notice of the time and place of such hearing, which notice shall
first be published in a newspaper mrithin and for the City of Jefferson having
• general circulation therein. If the Council does not take final action on
• reccav endaticn. of the Commission within 120 days after receipt of the
Ccamission's recommendation, said recommendation shall be deemed denied.
(b) Any person., firm, or corporation seeking any change of district
boundaries or classification of property as shown on the Zoning District maps,
or for regulation amendments, shall petition the Council for such change. The
petition shall be on an application form supplied by the City and shall be
accompanied by a check payable to the "City of Jefferson" in the amount
established by the Council as the filing fee. The filing fee is to cover the.
approximate cast of the advertising casts and the rezoning procedure. Under
no condition shall the fee or any part thereof be refunded for failure of said
change to be adopted by the Council.
(c) The application for rezoning shall, as a minimum, contain the
following information:
i 68
® (1) The correct legal description of the real estate to be
rezoned.
(2) The present zoning of the property.
(3) The desired zodng of the property.
(4) The typewritten names, addresses and phone numbers of all
owners and/or their attorney and/or their designated
representative.
(5) The signatures of all owners and/or heir attorney and/or
their designated representatives.
(6) Designated representative or representatives shall present
proper power of attorney signed by all owners and notarized
showing authorization to act on behalf of all owners.
(7) This provision shall not be construed to permit the
unauthorized practice of law.
(8) Attached to the application shall be a plat showing the real
estate to be rezoned. The plat shall be drawn to scale and
shall show the dimensions of the property along with
sufficient neigW�cd information to readily identify the
property.
(d) Five copies of the rezoning application shall be filed with the
Department of Planning and Code Enforcement. After checking the application
for completeness and accuracy, the Department of Planning and Code Enforcement
shall file one copy of the application with the City Clerk and place the matter
on the agenda of the Ccnmission for their review and reccvn*xxlation. To be
considered by the Corxnission at their next regular meeting an application shall
be received by the dates and time established by -the Commission.
(e) Before making a recommendation to the Council the Commission shall
review and consider applications for rezoning in an open public meeting. At
these meetings both those in favor of and those opposed to the rezoning will
be given an opportunity to be heard. The Commission shall transmit their
recd m erx ations to the Council in writing.
(f) In case of an adverse report by the Commission, or if a protest
against such proposed enxxKJnent, supplement, change, modification or repeal
shall be presented in writing to the City Clerk rx) later than five days after
the public hearing, duly signed and acknowledged by the owners of ten percent
or more either of the area of the land (exclusive of streets, places or alleys)
included within such proposed amendment, supplement, change, modification or
repeal, or within an area, determined by lines drawn parallel to and one hundred
eighty-five feet distant from the boundaries of the district proposed to be
changed, such amendment, supplement, change, modification or repeal shall not
. 69
® become effective except by the favorable vote of three-fourths of all members
of the Council.
(g) Rehearing of the same application
(1) The recam endations and reports of the Commission, made
pursuant to this Section are hereby declared to be final,
and not subject to petition or motion for rehearing or
reoonsideraticrn by the Commission.
(h) Procedure to be followed on successive and similar applications:
(1) A hearing on a new application for the same property, or
portion thereof, for the same, or substantially the same
purpose will be held only if there is new, pertinent
information to be presented or if there has been a material
change in fact or cdrcumstance.
(2) The applicant, when filing the new application, shall submit
a written statement setting out the new, pertinent information
or the material change in fact or circumstance which he feels
warrants and supports the filing of the new application.
(3) At its next meeting, the C mmissicn will consider and vote
on whether or not to hoar the new application.
® (4) In making its determination on whether or not it will hear
the new application, the Commission will limit the testimony
to that of the applicant.
(5) If the Commission decides to hear the new application, the
hearing may be held at the same, or at a subsequent,
Commission meeting at which time all interested parties will
be heard.
(6) New application shall be subject to the application filing
fee.
(i) If the developer of a rezoned district shall fail to begin
construction to conform to the new district classification within a period of
thirty (30) months following the approval of said district by the Council, the
rezoning shall be considered as abandoned runless a request for an extension of
time is made by the developer to the Commission and approved by the Commission.
If for any reason the rezoning is abandoned or if construction is terminated
after the oanpleticn of any stage and there is sufficient evidence that the
developer is not contemplating further development, the ordinance establishing
said district shall be rescinded by the Council upon reoommwidaticn by the
Ccnmissicn. The zoning of the entire district or the portion which remains
undeveloped as a district shall be changed to the original or suitable district
classification.
Secs. 31-87 - 81-89. Reserved.
• 70
® ARTICLE XI. VIOLATIONS AND PENALTY
sec. 31-90. violaticns.
In case any building or structure is erected, constructed, re-ccnstxucted,
altered, converted, or maintained, or any building, structure, or land is used
in violation of this chapter or other regulations made under authority conferred
hereby, the Director or Planning may institute any pacer action or proceedings
to prevent such unlawful erection, construction, re-construction., alteration,
conversion, maintenance or use, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure, or land, or to prevent
any illegal act, conduct, business or use in and to such premises.
Sec. 31-91. Penalty.
The owner or general agent of a building or premises where a violation
of any provision of this chapter has been committed or shall exist, or the
owner, general agent, lessen or tenant of any part of the building or premises
in which such violation has been committed or shall exist, or general agent,
architect, builder, contractor or any other person who commits, takes part, or
assists in such violation. or who maintains any building or premises in which
any such violation shall exist, shall be deemed guilty of a misdemeanor,
punishable by a fine of not less than ten dollars ($10.00) and not more than
one hundred. dollars ($100.00) for each and every day that said violation
continues, but if the offense be willful, on conviction thereof the punishment
shall be a fine of not less than one hundred dollars ($100.00) nor more than
two hundred fifty dollars ($250.00) for each and every day that such violation
shall continue, or by imprisonment for ten days for each and every day such
violation shall continue, or by both said fine and imprisonment at the
discretion of the Court. Any person who, having been served with an order to
remove any such violation, shall fail to comply with said order within ten days
after such service or shall continue to violate any provision of the regulations
made under authority of this chapter in the respect named in such order, shali.
also be subject to a civil penalty of two hundred fifty ($250.00) dollars.
Secs. 31-92 - 31-94. Reserved.
ARTICLE XII. VALIDITY
If any article, section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional, such decisions shall not
affect the validity of the remaining portions of this chapter. The Council of
the City of Jefferson hereby declares that it would have passed the ordinance
which adopted this chapter and each article, section, subsection, sentence,
clauses and phrase hereof irrespective of the fact that any one or more other
articles, sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
71
TABLE OF CONTENTS
ARTICLE I. TITLE, INTENT, PURPOSE AND DEFINITIONS . . . . 1
Sec. 31-1. Short Title. . . . . . . . . . . . . . . 1
Sec. 31-2. Intent and Purpose. . . . . . . . 1
Sec. 31-3. Definitions. . . . . . . . . . . . . . . . 2
ARTICLE II. DISTRICTS AND BOUNDARIES . . . . . . . . . . . 13
Sec. 31-10. Districts. . . . . . . . . . . . . . . . 13
Sec. 31-11. District Boundaries. . . . . . . . . . 14
ARTICLE III. GENERAL PROVISIONS . . . . . . . . . . . . . 14
Sec. 31-16. Generai Provisions. . . . . . . . . . . . 14
ARTICLE IV. USE REGULATIONS . . . . . . . . . . . . . . . 15
Sec. 31-20. District Regulations. . . . . . . . . . . 15
Sec. 31-21. Accessory Buildings and Uses. . . . . . 25
Sec. 31-22. Fences. . . . . . . . . . . . . . . . . 27
ARTICLE V. HEIGHT REGULATIONS . . . . . . . . . . . . . . 29
Sec. 31-30. Height Limits. . . . . . . . . . . . . . 29
Sec. 31-31. Special Regulations. . . . . . . . . . . 30
C ARTICLE VI. YARD REQUIREMENTS . . . . . . . . . . . 31
Sec. 31-40. Minimum Yard Requirements. 31
Sec. 31-41. Additional Requirements. . . . . . . . . 32
Sec. 31-42. Exceptions to Yard Requirements. . . . . 33
ARTICLE VII. DENSITY REQUIREMENTS . . . ., . . . . . . . . 35
Sec. 31-50. Minimum Lot Area and Width. . . . . . . . 35
Sec. 31-51. Exceptions to Lot Area and Width
Requirements. . . . . . . . . . . . . . . . . . . 36
ARTICLE VIII. OFF STREET PARKING AND LOADING REQUIREMENTS 37
Sec. 31-60. Off-Street Parking Requirements. . . . . 37
Sec. 31-61. Rules for Computing Parking Spaces. . . . 39'
Sec. 31-62. Required Parking spaces for the
Handicapped. . . . . . . . . . . . . . . 39
Sec. 31-63. Location of Required Parking Spaces. 39
Sec. 31-64. Minimum Improvements and Maintenance
Standards. . . . . . . . . . . . . . . . . . . . 40
Sec. 31-65. Off-Street Loading Requirements. 43
ARTICLE IX. PLANNED DISTRICT REGULATIONS . . . . . . . . . 44
Sec. 31-70. General. . . 44
Sec. 31-71. PUD - Planned Unit Development District. 48
Sec. 31-72. C-4 Planned Commercial District. . 48
Sec. 31-73. M-3 Planned Industrial District. . . . . 49
CSec. 31-74. MH Mobile Home Residential District. . . 49
.y
® ARTICLES X. ADMINISTRATION 50
Sec. 31-80. Hoard of Adjustment. . . . . 50
Sec. 31-81. Non-Conforming Uses Are Regulated. 57
Sec. 31-82. Site Plan Review. . . . . . . . . . . . . 59
Sec. 31-83. Enforcement of the Chapter. . . . . . . . 63
Sec. 31-84. Boundaries of Districts. . . . . . . . . 67
Sec. 31-85. Interpretation. . . . . . . . . . . . . 68
Sec. 31-86. Amendment of the Chapter. . . . . . . . . 68
ARTICLE XI. VIOLATIONS AND PENALTY . . . . . . . . . . . . 71
Sec. 31-90. Violations. . . . . . . . . . . . . . . . 71
Sec. 31-91. Penalty. . . . . . . . . . . . . . . . . 71
ARTICLE XII. VALIDITY . . . . . . . . . . . . . . . . . . 71
a
C
,� ii
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Sectionll . 2. This' ordinance shall be in full, force and
effect from and after the' date of its passage and approval.
Passed LSr � /, 1r1 Approved o?
esiding fficer or
ATTEST:
;, City Ci,erk