HomeMy Public PortalAboutORD08508 L
BILL NO.
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+' INTRODUCED BY COUNCILMAN -'-
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ORDINANCE NO.
„AN ORDINANCE OF THE CI'T'Y OF JEFFERSON REPEALING ORDINANCE 5880 , TH�
f' ZONING ORDINANCE: AND ALSO REPEALING SECTION 3 OF ORDINANCE 7395 ,
J�ENACTING A NEW ORDINANCE RELATING TO THE SAME SUBJECT. i
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
i1MISSOURI , AS FOLLOWS :
1 SECTION 1. TITLE INTENT AND PURPOSE
!A. Title . These regulations may be referred to as the "Zoning
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Ordinance".
B. Intent and Purpose.
1 T ese regulations have been based upon the comprehensive )
plan for the City of Jefferson City, which was adopted by the City '
, of Jefferson City on November 13 , 1969. Said comprehensive plan
included estimates of population growth, land use surveys , a land
use plan, plans for major thoroughfares , other transportation fa-
cilities , community facilities , public services and utilities , and '(
a public works program.
(2) Need for public services and facilities in both size and
location depends upon the character and intensity of land use. Re-
gulation of the use of land is thus fundamental to a coordinated
optimum physical development of the community. The land use regu-
lations are intended to be the foundation of the entire process of
improvement of the physical environment.
(3) The regulations are intended to preserve and protect
existing property uses and values adverse or unharmonious adjacent )
uses . +I
(4) The land use regulations divide the area into a number of
I zoning districts .
EI (a) Because of poor drainage , steep slopes and other add
verse natural conditions , some land areas should be kept in
their natural state . These would be placed in a Conservation '(
I District. I
(b) The comprehensive plan included careful estimates ofj
the land area requirements for the various land uses such as i
commerce , residence, industry, transportation, and public uses .
These urban rises 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.
1� Rem-aining lands should be reserved for rural uses . Consequently,
the regulations include a Rural District for non-urban land uses .
(c) In the past, residential neighborhoods have deterioxa - :
ated because -they were invaded by small isolated commercial
uses and by more intensive residential uses such as duplexes
or apartment buildings . The great: majority of our populations
desire to , and do , live in single-family homes which they own)
and which are located on fairly large lots . The regulations I
establish residential districts particularly designed to pro
vide maximum protection for single-family homes . j
(d) Other residential districts are established for two
i( family homes and for apartments . Dinsity, yard, and parking
regulations would insure good living conditions in these area
Much of present day building is by large projects instead of
lot by lot. The regulations provide for 'large scale develop,
ments" (10 acres or more) which may be located in any residen;
tial district with approval of the site plan and with confor-
mity of the plan to the overall density standards of the dis-'(
trict. This introduces an important measure of flexibility
? into the regulations .
(e) Commercial districts recognize the different types ;
it of commercial areas that will be needed by the future growth
(( of the community. There is a zoning district for the
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neighborhood commercial area , i . e . , the grocery store-drugsto�e
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complex serving the adjacent residential neighborhoods . For 1
�i the more widely used commercial areas along major streets andl
highways , there is a general commercial district. There is a ;
i central commercial district for the downtown area and a speci4.1
�` +! ^Hanned district" for the shopping centers .
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(f) For industry there are two districts - a. "light" in-
i dustrial district for nonobnoxious manufacturing and, finally
I a "general" or unrestricted industrial district . I
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(g) Certain special districts have also been provided,
(h) The regulations emphasize character as well as local
tion and density of the land uses . Special inducements are
offered for good design of apartment areas . Landscape planting
is required in all front yards and for automobile filling staff
tions , parking lots , and garages .
(i) The regulations are reasonable in relation to existing
conditions . 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 .
(j ) All uses are required to provide their own off-street
parking (with a few exceptions) . Over a period of years en-
forcement of this requirement will enable streets to be used
primarily for traffic movement.
(k) 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 realizati n
of the optimum urban environment.
SECTION 2. DISTRICTS AND BOUNDARIES
A. Districts . The City of Jefferson City is hereby divided into
three types of districts :
f R Districts - Residential
C Districts - Commercial
M Districts - Industrial
The three types of districts are further divided into -the foll
lowing specific districts :
RU Rural
RC Conservation 1
it RS-1 Residential
RS-2 Residential
RS- 3 Residential.
RS-4 Residential
RD Residential
RA Residential
C-1 Neightborhood Commercial
C-2 General Commercial i
C-3 Central Commercial
C-4 Planned Commercial
M-1 Light Industrial
M-2 General Industrial
S Special Development
B. District Boundaries .
(1) The boundaries of the districts are shown upon the map at-
tached hereto and made a part hereof, which map is designated as toe
I "District Map" . The district map and all notations , references an
other information shown thereon are a part of this Ordinance and
have the same force and effect as if the district map and all the
notations , references and other information shown thereon were all
fully set forth or described herein, the original of which distric
map is properly attested and is on file with the City Clerk of they
City of Jefferson , Missouri.
(2) Whenever any street , alley or other public way is vacate
by official action of the City Council of the City of Jefferson City,
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; 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 then and
�' henceforth be subject to all appropriate regulations of the extended
': districts .
jl (3) All territory which may hereafter by annexed to the City I
i; of Jefferson City shall automatically be placed in the most restri�-
jtive RS Residential District until otherwise changed by ordinance. !
�ISECTION 3. GENERAL PROVISIONS
IA. Except as hereinafter provided:
(1) No building shall be erected, converted, enlarged, recon;
� structed or strucurally 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, recon�
structed or structurally altered to exceed the height limit herein
established for the district in which the building is located.
(3) No building shall be erected, converted, enlarged, recon -
structed or structurally altered except in conformity with the are
regulations of the district in which the building is located.
(4) The density and yard regulations of this ordinance are
minimum regulations for each and every building existing at the
effective date of this ordinance and for any building hereafter
erected or structurally altered. No land required for yards or
other open spaces about an existing building or any building here-
after erected or structurally altered shall be considered a yard
or lot area for more than one building.
(5) Every building hereafter erected or structurally alteredl
shall be located on a lot as herein defined and in no case shall
there bye more than one main building on a lot except as otherwise
provided in this ordinance.
(6) No building shall be erected or structurally altered to
the extent specifically provided hereinafter except in conformity
with the off-street parking and loading regulations of this or-
dinance.
(7) Cooperatives , condominiums and all other forms of pro-
perty ownership do not affect the provisions of these regulations
and all requirements shall be observed as though the property were
under single ownership. (I
(8) All inhabited mobile homes or trailers shall be located
in an approved court as described in Section 4.B. No mobile homed
or trailers outside an approved court shall be connected to util-
ities except those being offered for sale and not inhabited. I
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SECTION 4 . USE REGULATIONS
I A. District Regulations . 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 rooms regularly used for
housing or sleeping purposes .
(f) Large-scale residential development in accordance
with the provisions of Section 4. B. hereof. i
(g) Mobile home or trailer court in accordance with the
provisions of Section 4 .B.
(h) Golf course except miniature course or driving range.
(i) Roadside stand for the display or sale of agricultural
products raised on the premises .
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Greenhouse or nursery ,
�I Conditional Uses :
) —tetra-` -RE75i of coal , sand or gravel .
(b) Airport
I' (c) Public building erected by any governmental money. {
(d) Hospital , nursing home and educational , religious and j
i philanthropic institution on sites of not less than five acres .
(e) New cemetery on site of not less than 20 acres or �
enlargement of existing cemetery.
(f) Privately operated outdoor recreational facility, in-
cluding riding stable , lake, swimming pool , tennis 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. i
(d) Cemetery
Conditional Uses
a xtractIon of coal , sand, or gravel.
(b) Privately operated outdoor recreational facility, in-
cluding riding stable, lake , swimming pool , tennis court and golf
course on site of not less than five acres .
MM (c) Motel , resort and incidental facilities , including
swimming pool , restaurant, incidental retail sales and services ,
and personal services on site of not less than one acre , provided
thay are protected from flooding.
(d) Guest ranch, hunting and fishing resort , ski resort an
incidental facilities , including swimming pool , resaurant, incidental
retail sales and services and personal services , on site of not
less than 20 acres , provided they are protected from flooding.
(e) Marina, yacht club, boat house or bait shop.
(3) RS-1 ,, RS-2 , RS- 3 and RS-4 Residential Districts .
Permissive uses :
I (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 rooms regularly used for housing or
sleeping purposes .
(d) Golf course, except miniature course and driving tees
operated for commercial purposes .
i (e) Large-scale residential development in accordance with
the provisions of Section 4. B. I
Conditional Uses
a) Fr.v tely operated lake , swimming pool, or tennis cour�
1 on site of not less than S acres .
(b) Public building erected by any governmental agency.
(c) Hospital , nursing home, and educational, philanthropic
or religious institution on site of not less than five acres, pro
vided not more than 50 percent of the site area may be occupied
by buildings , and provided further that the building shall be set
back from all required yard lines an additional foot for each foot
of building height.
{ (d) Parking lot located within 300 feet of a C or M Distri t.
(e) Two-family home in those locations where on the effect ve
date of this ordinance more than 40 percent of the frontage on on
{ side of a street between two intersecting street is used for two-
family homes or two-family homes and multiple dwellings.
(f) Nursery, prekindergarten, kindergarten, play, special
and other private school.
(g) Private recreational "acility where buildings do not
occupy more than 10 percent of the site area.
(h) Greenhouse or nursery. {
(i) Church.
(j ) Private Club , freternity, sorority, or lodge, exceptin,
when the chief activity of which is a service customarily carrie
on as a business.
(k) Home occupation.
" (4) RD Residential District
Permissive Uses : i
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(a) Any permissive use of the RS District .
(b) Two- family dwelling.
Conditional Uses :
a Public lding erected by any governmental agency.
(b) Religious , educational and eleemosynary institution of
a philanthropic nature , but not a penal or mental institution.
I (c) Hospital or sanitarium, except criminal , mental or
I animal hospital.
(d) Nursing, rest, or convalescent home.
(e) Parking lot located within 300 feet of a C or M District .
(f) Row house , town house , and three or four-family house
where the area being developed is one-half acre in area or larger ,
(g) Private school.
(h) Greenhouse or nursery.
(i) Church.
(j ) Private Club , etc. , (see 5G) .
(k) Home occupation.
(5) RA Residential District.
Permissive Uses :
a Any permissive use of the RD District.
(b) Multiple dwelling.
AM Conditional Uses :
(a) Me ical clinic.
(b) Tourist home when located on an officially designated
State or Federal Highway.
(c) Rooming house or boardinghouse.
(d) Religious , educational and eleemosynary institution of
a philanthropic nature , but not a penal or mental institution.
(e) Hospital or sanitarium, except criminal , mental or
animal hospital .
(f) Nursing, rest or convalescent home .
(g) Private club , fraternity, sorority, or lodge excepting
when the chief activity of which is a service customarily carried
on as a business .
(h) Public building erected by any governmental agency.
(i) Parking lot located within 300 feet of a C or M District.
(j ) Private School .
(k) Church.
(1) Home occupation.
(6) C-1 Neighborhood Commercial District
Permissive Uses :
T�~ nypermissive use of the RA District, except residential
uses .
(b) Automobile parking lot or parking garage.
(c) Bank or financial institution.
(d) Dressmaking, tailoring, shoe repairing, repair of hous •-
hold appliances and bicycles , catering and bakery with sale of
bakery products on the premises and other uses of a similar character
(e) Mortuary.
(f) Office or office building.
(g) Personal service uses including b arber. shop, beauty
parlor, photographic or art studio, messenger, taxicab , newspaper
or telegraph branch service station, laundry or dry cleaning re-
ceiving station, resaurant , and other uses of a similar character
(h) Private school.
(i) Retail store , in connection with which there shall be
no slaughtering of animals or poultry, nor commercial fish cleani4
and processing on the premises .
(j) Theatre, not including drive-in theatre.
(k) Self-service laundry or cleaning establishment.
I (1) Church.
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• • Conditional Uses :
(a) utamoTile service station.
(b) General service and repair establishments , includinj
dyeing or cleaning works or laundry , plumbing and heating,
printing , painting, upholstering, or appliance repair .
(c) 'Hotel and motel .
(d) Residence , when located on the second story or abov .
(e) Bar or tavern.
(7) C- 2 General Commercial District
Permissive Uses :
a Any permissive use of the C-1 District,
(b) Automobile or trailer display and salesroom.
(c) Bowling alley or billiard parlor.
(d) Business or commercial school .
(e) Dancing or music academy.
(f) Display and salesroom.
(g) Farm implements , sale and repair.
(h) Farm store or feed store, including accessory storage
of liquid or solid fertilizer.
(i) Frozen food locker.
(j ) Hotel .
(k) Laboratory, research, experimental or testing.
(1) Motel.
(m) Milk distributing station.
(n) Public garage, filling station and automobile repair
shop , or parking lot.
(o) Radio or television broadcasting station or studio .
(p) Veterinarian, animal hospital, or kennel .
(q) Used car , trailer , or boat sales or storage lot.
(r) Mobile home or trailer court in accordance with the
provisions of Section 4. B.
(s) Dyeing, cleaning, laundry, printing, painting,
plumbing, tinsmithing, tire sales and service, upholstering
and other general service or repair establishment of similar
character. Not more than ten percent of the lot or tract
occupied by such establishment shall be used for the open and
unenclosed storage of materials or equipment.
(t) Bar or tavern.
Conditional Uses :
(a) Drive-in establishment, including restaurant and
theatre .
(b) Lumberyard.
(c) Bakery,
(d) Bottling works .
(e) Wholesale establishment or warehouse in a completely
enclosed building.
(f) Truck or bus terminal .
(8) C- 3 Central Commercial District
Permissive Uses :
(a) Any permissive use of the C-2 General Commercial
District.
Conditional Uses :
a Wholesale merchandising or storage warehouse.
(b) Manufacture of rugs , mattresses , pillows , quilts ,
millinery, hosiery, clothing and fabrics , and printing and
finishing of textiles and fibers into fabric goods .
(c) Compounding of cosmetics , toiletries , drugs and
pharmaceutical products .
(d) Manufacture or assembly of boats , bolts , nuts , screw ; ,
and rivets , ornamental iron products , firearms , electrical
appliances , tools , dyes , machinery, and hardware products ,
sheet metal products and vitreous enameled metal products .
(e) Manufacture or assembly of medical and dental equip
ment, drafting , optical and musical instruments ,watches , clot s ,
toys , games , and electrical or electronic apparatus .
(f) Manufacture or storage of food products , including
beverage blending or bottling, bakery products , candy manufac
ture, fruit and vegetable processing and canning, packing and
processing of meat and poultry products , but not distilling o
beverages or slaughtering of poultry or animals .
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(g) Manufacture of boxes , crates , furniture , baskets ,
and other wood products of a similar nature .
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(9) C-4 Planned Commercial District
Permissive Uses :
A building or premises may be used only for the retail
sale of merchandise ; services , general and professional offic s ;
recreational , except outdoor theatres ; parking areas and othe
facilities ordinarily accepted as shopping center uses .
Before land is used or a building erected or used for an),
of the above purposes , a preliminary plan and a final plan
shall be approved by the Planning and Zoning Commission for
all continguous property within this district in any one lo-
cation. The Commission shall have 45 days to consider and
approve or reject a preliminary plan, with or without modifi-
catons , although this period may be extended by agreement of
the parties concerned. Rejection of a preliminary or final
plan by the Commission may be appealed to the City Council .
Final plans will be approved when in accordance with approved
preliminary plans . From time to time the proponents may make +
minor changes in the approved final plan so long as such
changes have been approved by the Building Official , or upon
denial of approval by said Building Official , with the appro-
val of the Commission. What constitutes a "minor" change wit
be determined in the sole discretion of the Building Official
No building or occupancy permits shall be issued for any
building or use that is not in accordance with an approved
final plan.
The preliminary plan shall :
(a) Be drawn to scale ;
(b) Show boundaries of property to be developed;
(c) Show the proposed size, location, use and arrangement
of stalls and number of cars . Entrance and exit driveways an
their relationship to existing and proposed streets ;
(d) Indicate location, type , use and size of structures
on adjacent properties within 200 feet of the proposed develop-
ment ;
(e) Provide for the dedication of any rights-of-way for
the widening, extension or connection of major streets as
shown on the official plan; and
(f) Indicate the stages , if any, which will be followed
in construction.
The final plan shall be the standard plot plan requiued
to obtain a building permit, except that it shall show the
use or types of uses to be accommodated in each building or
portion thereof.
(10) M-1 Light Industrial District
Permissive Uses :
Any use permitted in the C- 3 Central Business District a •
long as the uses are not obnoxious or offensive due to emissi. n
of noise, odor, dust, gas , smoke or vibration, except that no
dwelling other than that for a resident watchman or caretaker
employed on the premises shall be permitted.
(11) M-2 General Industrial District
Permissive Uses :
Any use except the following conditional uses and except
that no dwelling other than that for a resident Watchman or
Caretaker employed on the premises shall be permitted.
Conditional Uses :
N Acid manufacture . i
Automobile wrecking, cars and parts , storage and sal .
(c) Cement , lime , gypsum or plaster of Paris manufacture.
(d) Distillation, manufacture or refining of bones , coal ,
or tar asphalt.
(e) Explosives , manufacture or storage .
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(� (f.) Fat, grease , lard or tallow rendering or refining.
l (g) Fertilizer manufacture (from organic matter) ,
(h) Glue or size manufacture.
(i) Garbage , offal or dead animal reduction or dumping. ,
(j) Junk and salvage (hnetal , paper, rags , waste or
glass) storage , treatment or baling. !
(k) Paper manufacture .
(1) Petroleum or asphalt refining. !
!� (m) Petroleum products terminal . I
(n) Smelting of tin, copper, zinc or iron ores .
i (o) Storage or processing of rawhides or fur.
1 (p) Stockyards or slaughter of animals (except poultry)
(12) S Special Development District
In the S Special Development District , land may be used
only under the following conditions :
(a) Intent. It is the purpose of this district to pro-
vide an opportunity for modern and imaginative architectural
design, site arrangement and city planning for certain specia
and unusual areas . These areas are not extensive ; they are
f generally described and outlined in the Official City Plan ofj
the City. Within them there should be a carefully planned
combination of residential , commercial , public and semi-publl�
uses , or of some of these uses .
(b) Application for Special Development District. The
f owner or owners of an included in areas suitable or estab-
lishment of a Special Development District as shown on the
Official City Plan of the city may petition the Council for
the establishment of the Special Development District . The
application for the establishment of this district shall in-
dicate :
(b-1) The area to be encompassed in said District. j
(b,�2) Citation of the City' s Official Plan ' s recom- '
mendations or comments on the area encompassed in said
district and whether the proposal varies from or conform
to the City' s Official Plan. !
(b- 3) Evidence of unified ownership and control of
the area applied for.
(b-4) Evidence of financial capability of the peti-
tioners to carry out the general type of development
contemplated for the area.
(b-5) Evidence of applicant' s proposed general use
of the area.
(b-G) In establishing a Special Development Distric' ,
the Commission and the Council. shall give consideration
among other factors to the criteria listed in Subsection ,
(d) hereof. .
`i Establishment of said Special Development District shall
( be by amendment of this ordinance in accordance with the pro-
11 cedures established herein.
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(c) Use . A Special Development District may be used for
any permissive or conditional use allowed in the C-2 District
and residential uses .
(d) Approval of Plans . Before land is used or a building
is erected or used in t e pecial Development District , a pre?
liminary and a final plan shall be approved by the Commission
and the Council for all cantiiiguous property within this dis-
trict in any one location. The Commission shall have 90 days
to consider and approve or reject a preliminary plan with or
without modifications , although this period may be extended b
agreement of the parties concerned. The final plan shall be
approved or rejected by the Commission within 90 days of sub- )
mittal . Final plans will be approved when in accordance with !
the approved preliminary plans . In approving plans , the Com-• ,
mission and the Council shall consider the following factors : j
(d-1) Those affecting the community as a whole:
Uses or use.
Intensity of use . i
Traffic.
(d- 2) Those affecting the neighborhood;
Heights .
Front, side and rear yard definitions and uses
where they occur at the development periphery.
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(d- 3) Those affecting the development itself:
Gross commercial building areas .
Area ratios and the designation of the land surface
to which they apply.
Spaces between buildings . Open areas , if any.
Width of streets in the development , if any.
Setbacks from such streets , if any.
Off-street parking and loading standards .
(d-4) Those affecting the development procedures :
The order in which development will likely proceed
in complex multi-use developments .
Estimates of time required to complete the develop-
ment and its various stages , if any
List of street , lighting, parking or other improve-
ments by the city, which in any way affect the dev 1-
opment.
From time to time during -unstruction the development ma�
make minor technical changes in an approved final plan , so
long as such changes have been approved by the Building Official ,
or upon denial of approval by the Building Official with the
approval of the Council . Any other changes to the approved
final plan shall be accomplished by the submission of prelim-
inary plans and final plans of such change , which shall be
approved under the procedures as set forth herein for the ap-
proval of the original preliminary plans and the approval of
the original final plans . No building permit or certificate
of occupancy shall be issued for any building or use that is
not in accordance with an approved final plan.
(e) The Preliminary Plan shall :
e- Be drawn to scale.—
(e-2) Show boundaries of property to be developed.
(e- 3) Show existing topography with contour inter-
vals of not less than two feet obtained from a field sur
vey and referred to an approved city bench mark.
(e-4) Show the proposed size, location, use and
arrangement of the buildings and the proposed arrange-
ment of stalls and number of cars , entrance and exit
driveways , and their relationship to existing and pro-- {
�! posed street parking areas.
I (e-5) Show drainage plan with sufficient control
grades to indicate the intent of the developer.
(e-6) Indicate location, type and size of struc-
tures on adjacent properties within 200 feet of the
boundary of the Special Development District .
(e- 7) 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.
(e-8) Indicate the stages , if any, which will be
followed in carrying out the construction of the project+
and interim use and maintenance of areas not under con- 1
struction at any given time.
(e-9) Contain a traffic analysis prepared by a re-
gistered 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
week , 24-hour period, and for the peak morning and even-
ing traffic hours . The impact of this new traffic on
existing traffic in the vacinity of the project shall be
appraised and a list submitted of new street constructi.o
and new traffic control measures required to accommodate
the estimated traffic increases .
(f) The Final Plan shall: Be the standard plot plan reL
quired to obtain a builUing permit, except that it shall show
the use or types of uses to be accommodated in each building
or portion thereof.
(g) Construction Schedule and Assurance of Completion.
With the final pan, t e proponents shall submit a construc-
tion schedule . Construction shall begin within one year afte •
approval of the final plan and shall be completed within five
years after approval of the final plan, except that the
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Council may extend and change , or either of them, such peri ds
upon a showing of good and sufficient cause. With the Tina
plan, the applicant shall file a surety bond or ow agre -
ment to insure the construction of the project wi. i n the
period specified. No such bond or escrow shall be' acceptable
unless it is enforceable by or payable to the city in a sum
at least equal to the estimated costs of all site improve- I
ments (streets , drives , walks , walls , storm and sanitary
sewers, landscape planting, ornamental features not on a
building, and terraces) for the entire project. Said bond
or escrow shall be in a form and with surety and conditions
approved by the City Attorney. In the event of default and r
such bond or escrow, the City shall use the sum defaulted t
construct said site improvements .
B. Other Use Regulations
(1) Special Provisions for Large-Scale Residential Develo -
( ments . ,
(—aT—Zar e-Scale Residential Develo ments where per- I
mitted, are subject to the Following conditions: i
The Development shall have a minimum area of ten (10) 1
� acres .
The housing type, minimum lot area, yard, height , and
accessory uses shall be determined by the requirements and
} procedures set out below, which sha-1 prevail over conflict ng
J requirements of this ordinance or the ordinance governing tie
Ala subdivision of land.
The Final Development Plan shall follow all applicable
procedures , standards and requirements of the ordinance
governing the subdivision of land. The Final Development P an
shall be prepared by and have the seal of an architect or
engineer duly registered to practice in this state. No
building permit shall be issued until a final plat of the
proposed development is approved and recorded.
The Commission shall review the conformity of the. pro-.
posed development with the standards of the official city pan
and recognized principles of civic design, land use planning
and landscape architecture . The minimum yard and mazimum
height requirements of the district in which the development
is located shall not apply except that mimimum yards shall i
t be provided around the boundaries of the area being develop*d.
The Commission may impose conditions regarding the layout ,
circulation and performance of the proposed development and
may require that appropriate deed restrictions be filed
enforceable by the city for a period of twenty years from
date o:C filing. A plat of development shall be recorded
regardless of whether a subdivision is proposed and such
plat shall show building lines , common land, streets , ease-1
ments and other applicable features required by the ordinance
regulating the subdivision of land.
I
The number of dwelling units permitted shall be deter'
mined by dividing the net development area by the minimum 1 t
area per family required by the district or districts in
which the area is located. Net development area shall be
determined by subtracting the area set aside for churches ,
schools, or other nonresidential uses from the gross develo -
ment area and deducting twenty percent 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. I
The Commission may hold one or more public hearings of
a Final Development Plan. The recommendations of the Commis-
sion shall be forwarded to Council who shall approve or dis-
approve the action of the Commission with or without modifi-
cation and after public hearing. After approval by Council
® and after any required restrictions are in effect, the Build-
ing Official may issue permits enabling the approved Finall
Development Plan to be carried out.
(b) Mobile Home' Residential Develo' ment's . All inhab�ite
mobile home or trailer courts shall .be locateTin a mobile
home or trailer court which has been approved by the City, !.
Council after report by the Planning
i
i' and Zoning Commission and which conforms with the requirements
listed below. No mobile home or trailer outside of an approve
court shall be connected to utilities except those being offered
for sale and not inhabited.
Mobile home or trailer courts shall meet the following
Ah minimum standards :
f
Each lot provided for the occupancy of a single mobile hom
unit shall have an area of not less than three thousand five
hundred (3,500) square feet , and a width of not less than fort -
five (45) feet, and no park shall be permitted an average density
of trailer lots of more than nine (9) per acre , and each trail r
court shall provide an area of not less than ten (10) acres .
All courts shall provide lots sufficient in size that no
mobile home or trailer or any structure , addition or appurtena ce
thereto is located less than ten (10) feet from the nearest
adjacent court boundary.
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 near
est adjacent court boundary.
Each site shall abut or face a clear unoccupied space ,
driveway, roadway, or street of not less than twenty-four (24)
feet in width for a one-way street , and not less than thirty-
two (32) feet in width for a two-way street , which shall have
unobstructed access to a public highway, street or alley.
The court shall be surrounded. by a landscaped strip of open
space fifty (50) feet wide along the street frontage of a major
street and twenty-five (25) feet wide along all other lot line
or street frontage.
The Planning and Zoning Commission will recommend approval
of a mobile home development only after determination that :
the development will not be detrimental to or endanger the pub is
health, safety, morals , comfort, or general welfare ; will not
be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted nor sub-
stantially diminish and impair property values within the
neighborhood; will not impede the normal and orderly developm nt
and improvement of surrounding property for uses permitted in
the district ; adequate utilities , access roads , drainage and/o
other necessary facilities will be provided; adequate measures
will be taken to minimize traffic congestion; and that there
is a public necessity for this use,
(2) Ac'c'es-so'ry' .B'ui'I-dings 'and Uses are Permitted When in Accordance
With the Following
(a) . 'Iri the RU, RC RS, RD, and RA Districts , accessory_
buildings -a-nT uses are ftmitec to :
o: —
A noncommercial greenhouse that does not exceed in floor
area twenty-five percent of the ground floor area of the main
building.
A private residential garage used only for the housing of
noncommercial passenger automobiles and with a floor area of
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
that no garage shall exceed 1 ,000 square feet nor house more
than five such automobiles.
Home occupation.
Vegetable or flower garden.
Raising and keeping of small animals as pets , not on a
commercial basis or on a scale objectionable to neighboring
property owners .
Tennis courts , swimming pool , garden house , pergola, orna-
mental gate , barbecue oven, fireplace, and similar uses cus-
tomarily accessory to residential uses.
(b) In the Commercial and Industrial Districts , there m�y
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also be :
Parking lots and garages conforming with the requirement
{ of Section 8 hereof.
Use of not to exceed 40 percent of the floor area of a
building for incidental storage or light industrial activity.
(c) There shall be the following additional regulations
For accessory b uil inks :
No accessory building shall be constructed upon a lot un-
til the construction of the main building has been actually
commended, and no accessory building 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 building construction.
No accessory building may be erected in front of a main
building unless the accessory building is attached to the mai
building by a common wall .
Accessory buildings may not be used for dwelling purpose! .
(3) Regulations Regarding Fendes Shall be as Follows:.
(a) No fence more than 30 percent solid or more than
three feet high may be located within 30 feet of the right-of-
way line of intersecting streets . (See diagram on page A-15)
(b) Except as provided in a) above , fences less than
four feet RTg-H may be located on any part of a lot.
(c) Except provided in (a) above , fences less than
six feet high may be erected on those parts of a lot that are
as far back or farther back from the street than the main
building.
(4) Nonconforming Uses Are Regulated:
(a) Nonconforming Use of Land. In the Residential Dis-
tricts where open land is being used as a nonconforming use ,
and such use is the principal use and not accessory to the
main use conducted in a building, such use shall be discontinued
not later than two years from the date of passage of this or-
dinance. During the two-year period such nonconforming use
shall not be extended or enlarged, either on the same or ad-
joining property. Any building incident and subordinate to
such use of land, such as a shed, tool house , storage buildin ,
office or trailer, shall be removed at the end of the two-year
period, or, if such building is so constructed as to permit tie
issuance of a permit for a use not excluded from the district
such building may remain as a conforming use; thereafter , bot
land and building shall be used only as conforming uses.
(b) Nonconforming Use of Buildings. Except as otherwis
provided herein, t e law ul use of a building existing at the
effective date of this ordinance may be continued although
such use does not conform to the provisions hereof. If no '
structural alterations are made, a nonconforming use of a
building may be changed to another nonconforming use of the
same or of a more restricted classification. Whenever a non-
conforming use has been changed to a more restricted use or t
• conforming use , such use shall not thereafter be changed to
• less restricted use. The nonconforming use of building may
be hereafter extended throughout those parts of a building
which were lawfully and marnifestly arranged or designed for
such use at the time of the enactment of this ordinance .
(c) Discontinuance of Nonconforming Uses . No building i
or portion thereof useZ1 in w o e or in part for a nonconforming
use in a Residential District , which remains idle or unused
for a continuous period of one year, whether or not the equip-
ment or fixtures are removed, shall again be used except in
conformity with the regulations of the Residential District
in which it is located.
(d) Destruction of a Nonconforming Use. No building
which has been damaged by any cause whatsoever to the extent
i
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of more than fifty (500) percent of the fair market value of
the building immediately prior to damage , shall be restored
except in conformity with the regulations of this ordinance,
and all rights as a nonconforming use are terminated. If a
i� building is damaged by less than fifty (500) percent of the
! fair market value, it may be repaired or reconstructed and us d
f as before the time of damage , provided that such repairs or
reconstruction be substantially completed within twelve (12)
+
months of the date of such damage .
(e) Conditional Uses Not Nonconforming. Existing uses
eligible for conditional use permits shall not be nonconforming
uses but shall require a conditional use permit for any alter-
ation, enlargement , or extension.
(f) Intermittent Use. The casual , intermittent , tempor.
ary, or illegal use or land or buildings shall not be sufficient
to establish the existence of a nonconforming use and the exis-
tence of a nonconforming use on the part of a lot or tract
shall not be construed to establish a nonconforming use on th
entire lot or tract.
1
(g) Existence of a Nonconforming Use. Whether a noncon-
forming use exists s a e 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.
(h) Nonconforming Uses Not Validated. A nonconforming
use in violation of a provision of _tR_e__o_r_cTinance which this
ordinance repeals shall not be validated by the adoption of
this ordinance .
SECTION 5. HEIGHT REGULATIONS
A. Maximum height limits established for buildings and structures
are as follows:
+ (1) Thirty-five feet in the RU, RC, RS, and RD Districts .
(2) Forty-five feet in the RA, C-1 , C-2 , M-1 , and M-2 Distric S .
j (3) Height limits in the C- 3, C-4 , and S Districts are estab-
lished by setbacks and floor area ratios. See Section 7.C.
B. The above height limits may be exceeded in the following in-
stances :
(1) Public, semi-public or public service buildings , hospital ,
institutions , agricultural buildings , or schools when permitted inr
a district, may be erected to a height not exceeding 110 feet , and
churches and temples may be erected to a height not exceeding 75
:Feet if the building is set back from each yard line at least one
foot for each foot of additional building height above the height
limit otherwise permitted in the district in which the building is
built.
(2) Television and radio towers , church spires , belfries ,
monuments , tanks , water and fire towers , stage towers or scenery
lofts , cooling towers , ornamental towers and spires , chimneys ,
elevator bulkheads , stacks , conveyors , and flag poles may be erect,-d
to such height - as may be authorized by the Council.
(3) Buildings in the M 72 District may be increased in height
one foot for each foot the building is set back from all yard
lines up to a maximum height of 100 feet, provided that the gross
floor area provided, exclusive of enclosed garages , does not ex-
ceed the number of square feet of land area of the lot on which
the building is placed.
C. The following special regulations shall apply to any land air-
�I ort of er than a helicopter landing aci it , owned and o erat�
a pu is agency: 1
(1) Within the air space above the approach zone to each end
runway of the to be used for instrument landings ,# Y desi s , no build-
ing or structixre shall be erected or altered to project above a
plane with a slope of I (vertical) to 50 (horizontal) projected
from a point 200 feet beyond the end of the runway for a distance
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� of 10 ,000 feet , said plane to be in the shape of a symmetrical
' trapezoid 1 ,000 feet in width at its lowest point and 4 , 000 feet i
� width at its highest point ; combined with a second plane with a I
1+ 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 fee
in width at its lowest point and 16 ,000 feet in width at its high-
est point .
(2) Within the air space above the approach zone to each ends
of the runway 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
from 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 noninstument 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 noninstrument runways for the length of such run
way plus 200 feet on each end; and 500 feet on either side of the
centerline of instrument runways for the length of such runway plu
200 feet on each end; to a height 150 feet above the elevation of f
} the airport reference point. In addition, transition zones are es+
tablished adjacent to both instrument and noninstrument approach
jzones which flare outward and upward symmetrically along the entir
Ilength of each approach zone to where they intersect the surfaces
lof the horizontal and conical zones .
(4) Within (**) feet from the established airport reference
point , no building or structure shall be erected or altered to pro
lject above a horizontal plane 150 feet above the established airport
�JJelevation. This horizontal zone does not include the approach or
transition zones .
(5) Within the conical zone, which commences at the periphery
� of the horizontal zone and extends outward therefrom a distance oft
j (**) feet, no building or structure shall be erected or altered to
j project above a plane with a slope of I (vertical) to 20 (horizontal) .
�} (6) Nothing in this sub-paragraph shall be construed as prohI
!! biting the growth, construction or maintenance of any tree or struc-
l( ture to a height up to 20 feet above the surface of the land.
t
(*) The applicable distance in feet must be based on runway lengths
i as set forth in Section 77. 27 of Part 77 of the Federal Aviation
Regulations.
(**) The applicable distance in feet must be based on runway lengths
as set forth in Section 77. 25 of Part 77 of the Federal Aviation
Regulations.
SECTION 6 . YARD REGULATIONS
A. Minimum Yard Requirements .
i
The following minimum yards, measured in feet , shall be pro-
vided within the districts indicated below:
District Front Yard Side Yard Rear Yard
{ RU 50 20 50
RC 50 20 50
RS 25 10 30
® RD 25 10 25
RA 25 10 25
C-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
S-2 NJA NN�A N�A
r
l{I -A-15-
+! Whenever a lot abuts upon a public alley, one-half of the all y
width may be considered as a portion of the required yard. For th
'{ purpose of side yard regulations , a two-family dwelling or multipl
!idwelling shall be considered as one building occupying one lot.
1113. Additional Requirements
The following additional yard requirements must also be ob-
served;
(1) On lots fronting on two nonintersecting streets , a front
yard must be provided on both streets .
(2) On corner lots there must be a front yard on both street .
(3) Where a frontage is divided among districts with differe t
front yard requirements , the deepest front yard required shall app y
�1to the entire frontage.
i�ll (4) In the C, M, and S Districts there may be more than one
building on a lot provided that the required yards be maintained.
around the group of buildings .
(5) There may be two or more related multi-family, hotel,
motel or institutional buildings on a lot; provided that (a) the
required yards be maintained around the group of buildings , and
� (b) buildings that are parallel or that are within 45 degrees 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 re-
gulations may be repaired and remodeled, but not reconstructed or
structurally altered.
(7) Required front yards shall be devoted entirely to land-
scaped area except for guest 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 fu-
ture widening or opening of a street or major thoroughfare upon
which a lot abuts , then the depth of a front or side yard shall bel
measured from such official line to the nearest line of the bu.ild.-
ing.
(9) The minimum width of side yards for schools , libraries ,
churches , community buildings and other public and semi-public
buildings in residential districts shall be 25 feet, except where
a side yard is adjacent to a commercial or industrial district, in,
which case the width of that yard shall be as required in the di.s-1
f trict in which the building is located. i
I 301 STREET
Right-of-way_
line '
Side Yard
25 '
WITHIN THIS TRIANGULARLY SHAPED
AREA, NO OBSTRUCTION TO VISION
AS DEFINED ABOVE MAY EXCEED A
HEIGHT OF THREE FEET ABOVE THE
o ESTABLISHED STREET GRADE.
M
i
E-
W
W
E-
PRINCIPAL
cd
Front yar BUILDING
w a� 2 5 '
C
Emu
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(10) No sign, fence , wall , shrub or other obstruction to visi n
exceeding three feet in height above the established street grade
shall be erected, planted or maintained within the area of a corns
lot that is included between the lines of the intersecting streets
land a straight line connecting them at points 30 feet distance fro
the intersection of the street lines .
C. Exceptions to Yard Requirements
The following exceptions may be made to the yard requirements )
(1) Where , on the effective date of this ordinance , 40 percent
or more of a frontage was occupied by two or more buildings , then
the front yard is established in the following manner.
(a) Where the building farthermost from the street pro-
vides a front yard not more than ten feet deeper than the
building closest to the street , then the front yard for the
frontage is and remains an average of the then 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 two adja-
cent 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 front yard is the same as that of the existing ad-
jacent building.
(2) Sills , belt courses , window air-conditioning units , chim
neys, cornices , and ornamental features may project into a require
yard a distance not to exceed 24 inches .
(3) Filling station pumps and pump islands may occupy requir d
yards provided, however , that they are not less than 15 feet from
all lot lines .
(4) Open fire escapes, fireproof outside stairways and bal-
conies opening upon fire towers , and the ordinary projections of
?; chimneys and flues into a rear yard for a distance. of not more tha
�ythree and one-half feet when so placed as to not obstruct light an
Iventilation, may be permitted by the Building Official.
�l
(5) Open, unenclosed porches (not glassed in) may extend ten
;! feet into a front yard.
�l (6) No side yards are required where dwellings are erected
above commercial and industrial structures, except such side yard
as may be required for a commercial or industrial building on the
side of a lot adjoining a Residential District.
(7) Accessory buildings may be located in a rear yard but ma}�
pot occupy more than 30 percent of a rear yard.
(8) Any accessory building closer than ten feet to a main
building shall be considered as part of the main building and shal
be provided with the side and rear yards required for the main
building.
(9) An accessory building more than ten feet from a main
building may be erected within two feet of a side or rear lot line
but must be located at least 60 feet from the front street line.
(10) Where a garage is entered from an alley, it must be kept
ten feet from the alley line.
SECTION 7. DENSITY REGULATIONS.
A. Minimum Lot Area and Width
The following minimum lot areas and lot widths must be provided
in the districts indicated.
(see next page)
i
aim
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Lot Area Per Family In Sq. Ft.
I Lot Lot Single Two
Width Area in Family Family Multiple
District In Feet Sq, Feet Dwelling Dwelling Dwelling
RU 150 43,560 43, 560 N. A. * N .A. *
RC 150 43, 560 Dwellings Prohibited
iRS-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 8 ,000 N. A. N .A.
RS-4 60 6 , 000 60000 N. A. N.A.
RD 60 6 , 000 6 ,000 3,000/F N.A.
RA 60 6,000 6 ,000 30000/F 1 ,500/F
C-1 None None 6 ,000 3, 000 1 ,000
C-2 None None N.A. N. A. N.A.
C-3 None None N.A. N. A. N.A.
C-4 200 43, 560 N.A. N. A. N.A.
M-1 None None Dwellings Prohibited
M-2 None None Dwellings Prohibited
S 200 43, 560 N.A. N. A. 750
(* Not Applicable)
B. Exceptions to Lot Area and Width Requirements
'I`}ie minimum 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 ordinance 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 nevertheless be used for a one-family dwelling or for any
nondwelling use permitted in the district in which it is located.
(2) The number of permitted dwelling units for multiple
dwellings may be increased in the following instances :
(a) By 20 percent if architectural plans for the pro-
ject are reviewed by a city-appointed consulting architect
and his recommendations .followed with the cost of such review
paid for by the applicant.
(b) By 10 percent if soundproofing between apartments
is provided at or in excess of an Impact Noise Rating (I .N.R..
of +5 as described in the publication of the Federal Housing
Administration entitled, "A Guide to Impact Noise Control in
s
Multi-Family Dwellings", dated January, 1963.
(c) By five percent if a landscaped buffer area not use
for off-street parking, with a minimum depth of 10 feet or a
masonry wall six feet in height is provided on all lot lines
that are also district boundaries with a less restricted zon-
ing district .
(d) By 10 percent if the project provides at least two
off-street parking spaces for each dwelling unit.
(e) By five percent if all of the required parking spaces
are enclosed or in an underground structure.
(f) By 10 percent if the project includes a club, tennis
court, swimming pool or other major recreation facility occu-
pying at least two- tenths (0. 2) of a square foot of land are
for each square foot of floor area in the building.
(g) By five percent if the buildings proposed in the
project neet 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 number of residents allowed in the project.
The above percentages are to be applied individually an
not cumulatively.
(3) Existing buildings that are in violation of lot area re-
quirements may be remodeled or repaired, but may not be reconstructed
or structually altered unless made to conform to these requi.remen S.
• �� -A-18-
�� (4) Lot area per family requirements shall not apply to dor-1
!� mitories , fraternities , sororities , nursing homes or other similar
�+ group quarters where no cooking facilities are provided in indi.vid!ual
(� rooms or apartments .
!+ (5) In the RU District , the minimum lot area per family may
I� be reduced to 20 ,000 square feet and the lot width to 100 feet where
public water service is available but where there is no public sewer
service or to 15 ,000 square feet and 80 feet , respectively, where
both public water and public sewer services are available.
C. Maximum Floor Area Ratios .
The following maximum floor area ratios are established for
certain permitted uses in specified districts .
(1) For residential, hotel, motel and mutiple dwelling uses
in the C-4 and S Districts , there shall be a maximum floor area
ratio of 1. 5 except that where the building is set back from one
j� or more of the required yard lines the floor area of such building
may be increased by six square feet of additional floor area for
i each square foot of area left open within the required front , sid
and rear yards required by Section 6 .
(2) In the C-3 District and for commercial uses in the S
District, there shall be a maximum floor area (ration) ratio of
6. 0 except that where a building is set back from one or more
lot lines , the floor area of such building or buildings may be
increased by two square feet of additional floor area for each
square foot of open area provided. The maximum height of any
building shall not be greater than 14 stories measured from High
Street elevation in the C-3 District.
(3) Maximum floor areas provided for in this section may be
further increased by one square foot of the floor area for each
square foot of open space that is landscaped. Such landscaping
could include plazas , pools , fountains , walkways, and other such
artificial elements as well as normal planted areas.
SECTION 8 . OFF STREET PARKING AND LOADING REGULATIONS
t
A. Off-Street Parking Requirements
Off-street parking spaces shall be provided as follows :
(1) Single-family and two-family dwellin s - One space for
each bathroom or traction thereof in the dwelling unit. ff�
(2) Multiplledwwellin s - One and one-half spaces for each I
dwelling unit;i.n-T tie—i2 an �2A Districts . One and two-tenths
spaces for each dwelling unit in all other districts .
(3) Rooming and boardinghouses , sororities and fraternitie
One parking space or eac-i 200 square feet of oor area.
(4) Private club or lodge - One parking space for each 400 !
square feet oT TI oor area.
(5) Church or temple - One parking space for each four seat
in the main auditorium. I
(6) School - For high schools, colleges and universities , 1�
spaces per crassroom; for elementary schools , two parking spaces
.per classroom.
(7) Hospital - Two parking spaces for each bed.
(8) Sanitarium or institutional home - One parking space fo�
each three beds .
(9) Funeral homes - Ten parking spaces for each chapel plus
one for each uneral ome vehicle plus one for each family residi�g
on the premises . y
(10) Auditoriums , theatres and other places of public assembt
One parking space for each wive seats .
(11) Community Center, library, museum, or similar public ort
1
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semi-public building - One parking space for each 300 square feet
of floor area in the building.
j (12) Hotel or motel - Five parking spaces plus one space for
icach sleeping room or suite .
i{ (13) Medical office buildin - Building in which 20 percent
or more of the gross area is occupied by members of the healing pr -
ifession. One parking space for each 200 square feet of the gross
area used for this purpose .
(14) Manufacturing or industrial establishment research or
testing la oratory, creamery, ottling plant , warehouse or other
similar establishments - Two parking spaces for every three employ
ees on the maximum shift , plus space to accomodate all trucks and
other vehicles used in connection therewith.
(15) All nonresidential buildings , except those above specifi d -
{ One space for each 300 square feet of loor area; except in the C-
i` District where one space shall be provided for each 600 square fee
t# of floor area for retail commercial uses and one space per 1 , 000
` square feet of floor area for offices , and it being understood tha
more than one type of use can exist within one structure .
f
(16) University or college dormitories - One space per one an
one-fourth beds .
B. Rules for Computing Parking Spaces
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 specif c
use, excluding any floor or portion thereof used for parking, as
herein defined. In the C-3 District , where a municipal parking to
or lots of 25 spaces or more exist in the same block, the parking
spaces required may be reduced by 10 percent of the total spaces i
the municipal lot or lots . Where 10 percent of the municipal spac s
is equal to or exceeds the spaces required for the use , the parkin
requirements would be satisfied.
(2) Where fractional spaces result, the parking spaces requi ed
rhall be the nearest whole number.
(3) In the case of mixed uses , the parking spaces required
shall equal the sum of the requirements of the various uses com-
puted separately.
If (4) Whenever a building or use is changed or enlarged to an
�lextent of 20% or more in floor area number of dwellin g units sea -
ing capacity, parking spaces shall be provided on the basis of the
enlargement or change .
C. Location of Required Parking Spaces
` All parking spaces required herein shall be located as follows:
(1) The parking spaces required for residential buildings on
uses shall be located on the same lot with the building or use
served. The parking spaces required for any other building or use
may be located on an area within 900 feet of said building and two
or more owners of buildings may join together in providing the re-
quired 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 pre-
mises for which said parking is provided and assuring the retentio
of such parking so long as required by this ordinance.
D. Minimum Improvements and Maintenance Standards .
Parking lots and garages shall conform with the following im-
provement and maintenance standards .
(1) Such lot shall be surfaced either with concrete not less
than six inches in thickness or with bituminous surface of not less
than two inches in depth on top of a compacted, crushed stone bas
not less than six inches in depth, or with any surfacing adjudged
by the Commission to be equal or superior to either of these types .
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(2) Adequate provision shall be made for the disposal of storm
water and the City Engineer shall insure that such water shall not
flow onto adjoiningg pro erty or adJJacent sidewalks i.na quantity or
manner that would be detrimental thereto or inconvenient tp per5o's
using the sidewalks .
(3) The location and width of entrances and exits to and frog
Ithe lot or garage shall be as determined by the City Engineer, butt
I� there shall not be more than one entrance and one exit , or one coml
jbined entrance or exit , along any one street unless same is deemedl
necessary by the Council for the alleviation of traffic congestion
and interference of traffic movement along such street .
(4) 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 direc-
rional signs , or by markers or other similar measures placed in th
' surfacing, where required by the City Engineer.
(5) Wherever the parking lots or garages are to be used dur-
ing darkness , a system of flood lighting shall be installed to pro-
vide an adequate standard of illumination over the entire parking
lot . All flood lights shall be shielded so that minimum glare wili.
extend to adjacent property and shall meet requirements of the Cit
j Engineer.
(6) A sign, the size and character of which shall be approv d
by the City Engineer, shall be installed showing the ownership of
the lot or garage and the permitted use thereof. If the lot or ga age
is so operated that a charge is made for the use of the parking
facilities , the rates for parking shall be legibly shown upon the
sign.
(7) Landscape planting shall be installed on all parking lots
and on or adjacent to all garages . Such planting may be in public
right-of-way, adjacent to the parking lot or garage with City app r val.
Such planting shall consist of at least one standard tree of 3"
iameter or more for each ten par ing spaces in the ot or garages
Such planting s a i.
e in accordance with a an scape or p anting
f plan approved by the Planning Department. If the property owner
can prove that for reasons of rock out cropping or other similar I
unusual characteristics , such planting is not possible, this requi$e-
ment may be waived by the Commission. Trees and shrubs shall be !!
i
maintained in good condition and reel ace w ere necessary to insure
ItEe continuation Of the p" anting or an sca�pe plan as approvF
ff on az ure to o so t ie tit engineer ssiallT have the lower to_
11p ' parking until maintenance or replacement is completed.-
( (8) A temporary shelter for .the use of parking lot attendan
' may be maintained on the lot provided the location, construction
and design of same shall be first approved by the City Engineer .
(9) The parking lot or garage shall be maintained in a mann r
to keep it as free as practicable from dust , paper and other loose
particies , and snow and ice shall be promptly removed by the oper-
ator. All adjacent sidewalks shall be kept free from dirt , ice ,
sleet and snow and in a safe condition for use by pedestrians . Al
signs , markers , or any other methods used to indicate direction of
traffic movement and location of parking spaces shall be maintaine
in a neat and legible condition. Likewise , any walls , trees and
shrubbery, as well as surfacing of the parking lot or garage , shat
be maintained in good condition throughout its use for parking pur-
poses and the City Engineer shall have the authority to prohibit
the use of the area for parking purposes unless and until proper
maintenance, repair or rehabilitation is completed: All exposed
concrete shall be painted.
(10) Operation: Any person operating a parking lot or garage
shall either:
(a) File with the city a bond in such forms as may be
prescribed by the City Attorney and in such amount as required by
the Council , which shall be surety for any judgement for damages
rendered against the operator of the parking lot, resulting to perl-
son or property when incurred while using the parking lot; or !!
(b) Carry public liability insurance in such amounts ais
may be required by the Council .
I �
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E. Off-Street Loading Requirements
There shall be provided at the time any building is erected
for structurally altered off-street loading space in accordance with
the following requirements :
(1) Office BuildingsL Apartments ,ts , Apartment Hotels Motels
II� and Hotels One space for ez�c 1 x , 000 to 50 , 00 feet eet o f gross
Ii oor 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 , 0 to 20, 000 square feet of gross floot
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) Manufacturin& or Industrial Use - One space for each
10, 000 square feet of oor area or fraction thereof in excess of
5 ,000 square feet .
(4) In all cases where the off-street loading space is locat d
in a manner that a truck must back directly from a major street in-
to a loading space, a maneuvering space of not less than 50 feet
shall be provided on the lot on which the industrial use is locate 4.
SECTION 9 . ADMINISTRATION
A. Board of Adjustment
(1) A Board of Zoning Adjustment is hereby created. Such
Board shall consist of five (5) members to be appointed by the
Mayor, with the approval of the Council, all of whom shall be resi
� dents and all of whom shall be persons with expert knowledge of co -
struction, architecture, fine arts, engineering, landscape archite -
ture, real estate or law. The terms of all members shall be of su h
"length and so arranged that the term of one member will expire eac
year. Each member shall serve until his successor is appointed
and qualified . Members of the Board shall be removable for nonper
formance of duty, misconduct in office, or other cause by the Coun it
upon written charges having been filed with the Council and after
a public hearing has been held regarding such charges , a copy of
the charges having been served upon the member so charged at least ;
ten days prior to the hearing, either personally or by registered !
mail , or by leaving the same at his usual place of residence. Thel
member shall 'be given an opportunity to be heard and answer such
charges . Vacancies shall be filled by appointment of the Mayor,
with the approval of the Council , and shall be for the unexpired
term.
(2) The Board shall organize and adopt rules in accordance
with the provisions of this ordinance . Meetings of the Board shall,
be held at the call of the Chairman, and at such times as the Boar
may determine . The Chairman, or in his absence the Acting Chairman ,
may administer oaths and the Board may compel the attendance of I
witnesses . All meetings of the Boards shall be open to the public
All business of the Board shall be transacted at such meetings .
The Board shall keep minutes of its proceedings showing the vote
of each member upon each question, or, if absent or failing to vot' ,
indicating such fact, and shall keep records of its examinations
and other official actions , all of which shall be immediately file
in the office of the City Clerk and shall be a public record.
(3) Appeals to the Board may be taken by any person aggrieve .
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
officer from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the
action appealed from was taken. The Board 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 II
after it is submitted. Upon the hearing, any party may appear in
person or by attorney.
(4) The powers of the Board are :
(a) To interpret the ordinance , being:
;f
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To hear and decide appeals where it is alleged there is an
error in any order, requirements , decision or determination made
by the Building Official in the enforcement of this ordinance .
To permit the extension of a district where the boundary lane
lof a district divides a lot held in a single ownership at the time
of the passage of this ordinance .
!� To interpret the provisions of this ordinance in such a way
as to carry out the intent and purpose of the plan, as shown upon
j! the map fixing the several districts accompanying and made a part
of this ordinance where the street layout on the ground varies from
the street layouts as shown on the mar aforesaid.
(b) To Premit the following two exce tions :
Use of-premises for public utility and railroad' purposes or
for a radio or television tower or broadcasting station.
Reconstruction of a nonconforming building that would other-
wise be prohibited by Section 4 . B. (5) , where such action would no
constitute continuation of a monopoly .
(c) To permit the following two variations :
Vary the yard regulations where there is an exceptional or
unusual physical condition of a lot, which condition is not genera 1y
prevalent in the neighborhood and which condition when related to
! the yard regulations of this ordinance would prevent a reasonable
or sensible arrangement of buildings on the lot .
Vary the parking regulations where an application demonstrate
conclusively that the specific use of a building would make un-
necessary the parking spaces required by this ordinance , but pro-
viding that such a reduction not be more than 50 percent of the
usual requirement.
(d) To grant conditional use permits :
To hear and decide upon applications for conditional use per-
mits specifically listed in the district regulations of this ordin nce
with the exception of large-scale residential development and mobi e
home parks , which, as identified in 4 . B. , must be approved by the
Council . Before authorizing the issuance of such a conditional
use permit, the Board may impose such conditions as will , in the
, Board's judgement, insure that :
The establishment, maintenance, or operation of the condition 1
use will not be detrimental. to or endanger the public health, safe y,
morals , comfort or general welfare.
The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vacinity for the
purposes already permitted. not substantially diminish and impair
property values within the neighborhood.
The establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding
property for uses permitted in the district:
Adequate utilities , access roads , drainage, and/or other
necessary facilities will be provided.
Adequate measures will be taken to provide ingress and egress
so designed as to minimize traffic congestion in the public street$ .
i The conditional use shall in all other respects conform to
ithe applicable regulations of the district in which it is located
and the Board shall find that there is a public necessity for the
conditional use.
B. Enforcement of the Ordinance
(1) Building Official
a) Duties : It shall be the duty of the Building Offici 1
to enforce this orc` inance . The Building Official shall receive
applications required by this ordinance, issue permits and furnish
the prescribed certificates . He shall examine premises for which
permits have been issued, and shall make necessary imspections to
see that the provisions of law are complied with. He shall enforc6
all laws relating to the construction, alteration, repair, removal',
demolition, equipment, use and occupancy, location and maintenance
of buildings and structures, except as may be otherwise provided fbr .
He shall, when requested by the Mayor or Council , or when the
interests of the municipality so require, make investigations in
connection with matters referred to in this ordinance and render
written reports on the same. For the purpose of en- +
I
I
�I
-A- 23-forcing compliance with law, he shall issue such notices or
orders as may be necessary.
(b) inspections : Inspections shall be made by the Builc -
i ing Official or a duly appointed assistant.
(c) Rules : For carrying into effect its provisions , the
if Building O• frcial may adopt rules consistent with this ordin-
ance .
MM (d) Records : The Building Official shall keep careful 9nd
'
comprehensive records of applications , of permits issued, of
certificates issued, of inspections made , of reports rendered
and of notices or orders issued. He shall retain on file cop
ies of all papers in connection with building work so long as )
any part of the building or structure to which they relate ma
be in existence . All such records shall be open to public in-
spection at reasonable hours , but shall not be removed from
the office of the Building Official.
(e) Cooperation of Other Officials : The Building Official
may request and shall receive , so far as may be necessary in
the discharge of his duties , the assistance and cooperation o
the Engineer in fixing grades , of the Chief of Police in en-
forcing orders, of the Attorney in prosecuting violations , an
of other officials .
(2) Permits
(a W en Required: It shall not be lawful to cons V: t.,
alter, repair, remove or demolish, or to commence the coi:-
struction, alteration, removal or demolition of a building or
structure , without first filing with the Building Official an
application in writing and obtaining a formal permit.
(b) Form: An application for a permit shall be submitted
in such form as the Building Official may prescribe. Such ap-
plication shall be made by the owner or lessee , or agent of
either, or the architect , engineer, or builder employed in con-
nection with the proposed work. If such application is made y
• person other than the owner in fee , it shall be accompanied by
• duly verified affidavit of the owner in fee, or the person
making the application that the proposed work is authorized b
the owner in fee and that the person making the application i
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 re-
sponsible officers . Such application shall describe briefly
the proposed work and shall give such additional information
as may be required by the Building Official for an intelligent
understanding of the proposed work. Such application shall
be accompanied by payment of such fees as the Council may de-
termine from time to time .
(c) Plans : Application for permits shall be accompanied
by such draw ni gs of the proposed work, drawn to scale , incl.ud
ing such floor plans , sections , elevations and structural de-
tails , as the Building Official may require.
(d) Plot Diagram: There shall also be filed a plot dia
gram in a form and iFe suitable for filing permanently with
the permit record, drawn to scale , with all dimdnsions figure ,
showing accurately the size and exact location of all propose
new construction or, in the case of demolition, of such con-
struction as is to be. demolished, and of all existing buildin s
j prepared by, and signed by, a registered surveyor, engineer,
or architect.
(e) Amendments : 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 com,
pletion of the work for which the permit was sought. Such a-
mendments , after approval , shall be filed with and be deemed
a part of the original application.
! (f) Completion of Existing Buildings : Nothing containe
in this or finance shall require any change in the plans , con-
struction, size or designated use of a building, for which a
valid permit has been issued or lawful approval given before
the effective date of this ordinance ; provided, however, con-
struction under such permit or approval shall have been
started within six (6) months and the ground story framework,1
including structural parts of the second floor, shall have j
been completed within one (1) year and the entire building
completed within two (2) years after the effective date of
this ordinance .
(g) Action on Application: It shall be the duty of the
/ -A-24-
Building Official to examineapplications for permits within a
reasonable time after filing . If, after examination, he find
no objection to the same and it appears that the proposed work
will be in compliance with the laws and ordinances applicable
thereto, he shall approve such application and issue a permit
for the proposed work as soon as practicable . If his examina-
tion reveals otherwise , he will reject such application , noti g
his finding in a report to be attached to the application and
delivering a copy to the applicant.
(h) Approval in Part: Nothing in this section shall be
constructed prevent the Building Official from issuing a
permit for the construction of part of a building or structure
before the entire plans and detailed statements of the said
building or structure have been submitted or approved, if ade
quate plans and detailed statements have been presented for t} e
same and have been found to comply with this ordinance.
(i) Condition of the Permit : All work performed under
permit issued by t e uilcling Official shall conform to the
approved application and plans , and approved amendments there
of. The location of all new construction as shown on the ap- i
proved plot diagram, or an approved amendment thereof, shall
be strictly adhered to. It shall be unlawful to reduce or
diminish the area of a lot or plot of which a plot diagram ha
been filed and has been used as the basis for a permit , unles
a revised plot diagram showing the proposed change in condi-
tions shall have been filed and approved; provided that this
shall not apply when the lot is reduced by reason of a street
AM
opening or widening or other .public improvement.
(3) Signature to Permit : Every permit issued by the
Building official un er t e provisions of this ordinance shall
have his signature affixed thereto ; but this shall not preven
him from authorizing a subordinate to affix such signature.
(k) Limitation: A permit under which no work is com-
menced within one 1) year after issuance shall expire by
limitation.
(1) Posting of Permit : A copy of the permit shall be
kept on the premises open to public inspection during the pro-
secution of the work and until the completion of same. The
! Building Official may require a certified copy of the approve
plans to be kept on the premises at all times from the com-
mencement of the work to the completion thereof. The Buildin
Official shall be given at least twelve (12) hours notice of
the starting of work under a permit .
(m) Revocation: The Building Official may revoke a per-
mit or approval issued under the provisions of this ordinance
in case there has been any false statement or misrepresentati n
as to a material fact in the application or plans on which th
permit or approval was based.
(n) Certificate of Occupa�a__nc__Z for a Building: No buildi g
shall be occupied- before a Certificate o Occupancy has been
issued. Certificate 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 pe -
mit and said certificate shall be issued within three days af-
ter the request for same shall have been made in writing -to
the Building Official after the erection or alteration of suc
building or part thereof shall have been completed, in confor
mity with the provisions of these regulations . Pending the i. -
suance of a regular certificate , a temporary certificate of
occupancy may be issued by the Building Official for a period
not exceeding one year, during the completion of alterations r
during partial occupancy of a building pending its completion
Such temporary certificate shall not be construed as in any
way altering the respective rights , duties or obligations of
the.,owners or of the tenants relating to the use or occupant
of the premises or any other matter covered by this ordinance
and such temporary certificate shall not be issued except un- 1
der such restrictions and provisions as will adequately insur
the safety of the occupants.
(o) Certificate of Occupancy for Land: Certificate of
Occupancy for the use of vacant land or t e change in the cha
acter of the use of land as herein provided shall be applied
for before any such land shall be occupied OT used, and a Cer
tificate of Occupancy shall be issued within three (3) days a -
ter the application has been made, provided such use is in
conformity with the provisions of these regulations .
(p) Content of Certificate of Occupancy: Certificate o
SE
1� -A- 25-
Occupancy shall state that the building or proposed use of a
building or land complies with all the building 'and health lags
and ordinances and with the provisions of these regulations . II
�} A record of all certificates shall be kept on file in the of- i
fice of the Building Official and copies shall be furnished , I
tf on request , to any person having a proprietary or tenancy in- �
j� terest in the building affected. No fee shall be charged fora
!? a Certificate of Occupancy.
i1 (q) Certificate of Occul)ancy for Nonconforming Uses : A
Certificate or ccupancy shall be required of all noncon orm-
ing uses . Applications for such certificate for nonconforming
uses shall be filed within twelve (12) months from the effective
date of this ordinance .
(r) Excavation Permit: No permit for excavation for an
building shall e issued bFfore application has been made for
Certificate of Occupancy.
C. Boundaries of Districts
Where uncertainty exists with respect to the boundaries of the
( various districts as shown on the District Map accompanying and mace
!, a part of this ordinance, the following rules apply:
(1) The district boundaries are either streets or alleys un-
I1ess otherwise shown, and where the districts designated on the ma
accompanying and made a part of this ordinance are bounded approxi-
mately by street or alley lines , the street or alley shall be con-
strued to be the boundary of the district.
(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 accompanying and made a part of this ordinance are bounded ap-
1proximately by lot lines, the lot lines shall be construed to be
the boundary of the districts unless the boundaries are otherwise
indicated on the map. !
(3) In unsubdivided property, the district boundary lines on
the map accompanying and made a part of this ordinance shall be de-
termined by use of the scale appearing on the map .
D. Interpretation
In interpreting and applying the provisions of this ordinance
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience , comfort, morals , pros-
perity and general welfare. It is not intended by this ordinance
to interfere with or abrogate or annul any easements, convenants o
1other agreements between parties , except that if this ordinance im
poses a greater restriction, this ordinance shall control .
1,iE . Amendment of the Ordinance
(I) The City Council may from time to time, on its own motio
1 or on petition, amend, supplement, change , modify or repeal by or-
1 dinance the boundaries of districts or regulations , or restriction
herein established. Any proposed amendment, supplement, change ,
modification or repeal shall first be submitted to the City Plan-
ning and Zoning Commission for its recommendations and report. Ifl
the City Planning and Zoning Commission makes no report within
thirty (30) days , it shall be considered to have made a report ap-
proving the proposed amendment, supplement , modification or change
After the recommendations and report of the City Planning and Zoning
Commission have been filed, the City Council shall, before enactini
any proposed amendment, supplement, change , modification or repeal
hold a public hearing in relation thereto , giving at least fifteen
(15) days notice of the time and place of such hearing, which notice
shall first be published in a newspaper within and for the City of
Jefferson having a general circulation therein.
(2) In case of an adverse report by the City Planning and Zop-
ing Commission, or if a protest against such proposed amendment , j
supplement , change , modification or repeal shall be presented in
writing to the City Clerk prior to the date of the holding of the
said hearing, duly signed and acknowledged by the owners of ten (1 )
percent or more either of the area of the land (exclusive of stree s ,.,
places and alleys) included within such proposed amendment, suppler
ment, change , modification or repeal , or within an area, determine
by lines drawn parallel to and one hundred eighty-five (185) feet
distance from the boundaries of the district proposed to be change ,
such amendment, supplement, change , modification or repeal shall
!
1' -A- 26-
snot become effective except by the favorable vote of three-fourths
'of all the members of the Council .
I
(3) Before any action shall be taken as provided in this sect
' tion , the party or parties proposing or recommending a change in
�I: the district regulations or district boundaries shall deposit with !
the City Clerk the sum of Fifty Dollars ($50. 00) to cover the ap-
proximate cost of this procedure and under no condition shall said
�� sum or any part thereof be refunded for failure of said change to
be adopted by the Council .
iSECTION 10. DEFINITIONS
For the purpose of this ordinance certain terms are hereby de-
fined. Words used in the present tense shall include the future ;
the singular number shall include the plural and the plural the Sin-
gular; the word "building" shall include the worts "structure" and
"premises" ; the word "shall" is mandatory and not directory; the
words "used" or "occupied" include the word "intended" , "designed"
or "arranged to be used or occupied" ; the word "lot" includes the
o words "plot" or "parcel" ; and the word "person" includes a firm,
association, organization, partnership , trust , company or corpora-
tion as well as an individual . Any word not herein defined shall
be as defined in any recognized standard English dictionary.
Accessory Buildin . A subordinate building, the use of which
is inci ental to and customary in connection with the principal
r 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
customary in connection with the principal building or use and
which is located on the same lot with such principal building or u e .
Agricultural Activity. Agricultural activity, including fore is
and forest products , har`ve5t and management , dairy farming, livest ck
grazing and pasturage, truck gardening, the raising of crops , frui
and nursery stock, fish farms , animal kennels and fur bearing anim 1
farms , and the harvesting, processing, packagiAg, packing, shippin ,
and selling of products produced on the premises , and incidental
farm occupations and uses such as machinery, farm equipment and do
mestic repair and construction, excluding commercial feed lots .
Alley. A public or private thoroughfare which affords only a
secondary means of access to abutting property.
Apartment . See Dwelling Unit.
Automobile Service Station. Any land, building, structure, o
premises used for the sale at retail of motor- vehicle fuels, oils,
or accessories , or for servicing or lubricating motor vehicles or
installing or repairing parts and accessories , but not including
the repairing or replacing of motors , bodies , or fenders of motor
vehicles or painting motor vehicles , public garages , and the open
storage of rental vehicles or trailers .
Basement. A story having part but not more than one-half of is
height-T�elow`grade. A basement is counted as a story for the pur-
poses of height regulation if subdivided and used for dwelling pu. -
poses other than by a janitor employed on the premises.
i
A
FINIS
B
BASEMENT: WHEN 'A' IS GREATER THAN ' B'
f
Board. Means Board of Adjustment established in Section 9.
Boardinghouse. A building, other than a hotel or apartment `
hotel ,--w-Here tor compensation and by prearrangement for definite
periods, lodging, meals , or lodging and meals are provided for
three or more persons.
t
i
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Building. Any structure having a roof supported by columns or
walls for the shelter, or enclosure of persons or property.
Building , Height o£. The vertical distance from the grade to
(a) t ire Tip^ghhest point of a flat roof.- , (b) the dock line of a manse d
roof, or (c) the average height between eaves and ridge for gable
hip, and gambrel roofs.
T
GAMBREL H
I•I
NERD
HIP
i f
GABLE `
Building Official . The individual designated to administer
the Zoning Ordinance and who is responsible for the enforcement of
the regulations imposed by said ordinance.
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 more than one-half of
its heigTit--below the average grade of the adjoining ground.
I
FINISHED GRADE Ar _.
M
B
CELLAR: WHEN ' B' IS GREATER THAN 'A' OR
WHEN ' B' IS EQUAL TO 'A'
City. Means City of Jefferson City, Missouri .
Clinic. An establishment where patients are not lodged over-
night but are admitted for examination and treatment by a group of
physicians or dentists practicing medicine together.
Club. Buildings and facilities owned or operated by a corpor-
ation, association, person or persons for a social , educational , or
recreational purpose, but not primarily for profit and not primarily
to render a service which is customarily carried on as a business. i
Conditional Use. A use allowed in a zoning district after a I
permit is grante y the Board of Adjustment according to provisio s
of Section 9.
Commercial Feed Lot. An area of land devoted to raising and
feeding of lovestock where the operation is not a part of normal
agricultural activity.
Commission. Means City Planning & Zoning Commission of
Jefferson City.
Council. Means City Council of Jefferson City.
Court. An open space more than one-half surrounded by buildi gs.
District. Means a part of the city wherein regulations of
this ordinance are uniform.
Dwelling. Any building or portion thereof which is designed
and used exclusively for residential purposes.
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Dwelling, Single-Family . A building designed for or occupied
J}exclusively for one family.
Dwelling Two-Family. A building designed for or occupied
I{ exclusi- vely y two families .
Dwelling , Multi. le . A building designed for or occupied
exclusively by three or more families .
DWelling Unit. One or more rooms in a dwelling occupied or I
lintended 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 , occupying 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.
Floor .Area. The square feet of floor space within the outsid
�jline ocwails and includes the total of all space on all floors of
� a building. It does not include porches , garages , or space in a
11basement or cellar when said basement or cellar space is used for
storage or incidental uses .
Floor Area Ratio . The floor area of the building divided by
the area of the lot .
Frontage . All the property on one side of a street or highwa �
between tw ntersecting streets (crossing or terminating) or for
distance of 400 feet on either side of a proposed building or struc-
ture , measured along the line of the street, or if the street is
dead-ended, then all of the property abutting on one side between
an intersecting street and the dead-end of the street , but not in-
cluding property more than 400 feet distant on either side of a pro-
posed building oT structure .
Garage , Private. A detached accessory or portion of a main
building housing the automobiles of the occupant of the premises ,
but not commercial vehicles .
Garage, Public, A building or portion thereof, other than a I
private or storage garage , designed or used for equipping, servici g ,
repairing, hiring, selling, storing, or parking motor-driven ve-
hicles. The term repairing shall not include an automotive body
repair shop nor the rebuilding, dismantling, or storage of wrecked
or junked vehicles .
Garage , Storage . Any building or premises, used for housing
only motor-driven vehicles , other than trucks and commercial. vehicles,
Grade. The average level of the finished surface of the grouhxd
adjacent to the exterior walls of the building .
Home Occupation. Any occupation or profession carried on by
a member of the immediate family, residing on the premises , in con
nection with which there is used no sign other than a nameplate ,
not more than one square foot in area, or no display that will in-
dicate 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 that prepared on the
premises ; no person is employed other than a member of the immedi-
ate family residing on the premises ; and no mechanical equipment
is used except such as is customary for purely domestic household
purposes .
Hotel. A building in which lodging is provided and offered
to thee pu7lic for compensation, and which is open to transient
guests in contradistinction to a boardinghouse or lodging house ash
herein defined.
Institution. A nonprofit establishment for public use.
Kennel . An establishment where small animals are boarded for
compensation or where dogs are bred or raised on a commercial scal .
Landscaped Area. An -area that is permanently devoted and
maintained to the growing of shrubbery, grass and other plant ma- J
terial.
Loading Space . A space within the main building or on the sami
lot for t e standing, loading, or unloading of trucks, having a
minimum area of 540 square feet, a minimum width of 12 feet , a min-
imum depth of 35 feet, and a vertical clearance of at least 14. 5 f' et.
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Lodging or Rooming House. Same as "Boardinghouse".
Lot. A parcel of land occupied or intended for occupancy by
a use permitted in this ordinance, including one main building to-
gether with its accessory buildings ,
Ask
_ � I
STREET
LOT CORNER CORNER
E, E- WIDTH LOT LOT a o
o
PA W A A4 4 H a H
H 0
x
KEY LOT KEY
LOT oa
LOT x
�
H CORNER CORNER W a
r4 LINES o
W 1-4 LOT LOT
H
H .
STREET
open spaces and parking spaces required by this ordinance , and
having its principal frontage upon a road or street.
I
I
j PRINCIPAL
BUILDING
i
THE CREATION OF A
,SECOND LOT AS DESCRIBED
BY THE SHADED AREA rN —
THIS DIAGRAM IS
PROHIBITED.
PROPOSED
SECOND PRINCIPA
BUILDING
Lot Corner. A lot abutting upon two or more streets at
their intersections .
Lot Depth. The main horizontal distance between the front
and rear lot lines .
Lot, Interior. A lot other than a corner lot.
Lot I Double Frorita e . A lot having a frontage on two nonin-
tersecting roads , as distinguished from a corner lot.
Lot, Width. The width of a lot at the front yard line .
-A- 30-
Lot of Rocord. A lot or parcel. of land the plat or deed of(which as been recorded prior to the adoption of this ordinance .
�i Mobile Homes . (See Trailer or Mobile Homes . )
�i MoSile Home court. (See Trailer Court or Mobile Court . )
! Modular Dwelling. A factory- fabricated transportable build-
Aft ling un it cesigi I to Fo used by itself or to be incorporated with
i1similar units tit a building site into a modular structure. The
;perm is intended to include major assemblies and does not include
j,prefabricated panels , trusses and other prefabricated subelements
which are to be incorporated into a structure at the site. '
Motel Motor Court Motor Lodge, or Tourist Court. Any build-
ing or group of ui ings containing guest rooms or dwelling units ,
some or all of which have a separate entrance leading directly fro
the outside of the building with garage or parking space conven-
iently located on the lot, and designed, used, or intended wholly
or in part for the accommodation of automobile transients .
Non-conforming Use. The lawful use of land or a building, or
a portion thereof, which use does not conform with the use regula-
tions of the district in which it is located.
i Nursing Home. A home for the aged or infirm in which three o
l� more persons not of the immediate family are received, kept or pro-
vided with food and shelter, or care for compensation; but not in-
cluding hospitals , clinics , or similar institutions devoted primar-
ily to the disgnosis and treatment of the sick or injured.
Open Area. That part of a lot not covered by a building or
used as a parking area with the exception that an accessory build-
ing or parking garage roof area may be counted as open area pro-
vided it is no greater than two stories above the street level
elevation on which the primary project building or building' s
front.
Parking Space. A surfaced area, enclosed or unenclosed, suf-
ficienir in size to store one automobile not less than nine feet
wide and twenty feet long, together with a driveway connecting the
parking space with a street, road or alley and permitting ingress
and egress of that automobile without the necessity of moving any
other automobile .
Premises . A lot together with al.l buildings and structures
thereon.
Standard Tree. A standard tree is a tree with a minimum cal -
per of 1/2 inc es , 10 to 12 feet high, of a deciduous hardwood
variety normally capable of attaining a 25-foot diameter when the
tree is 20 years old. I
Standard Shrub . A standard shrub is any bush or small evergr en
tree occupying a space of at least 18 cubic feet.
Street. A public way which affords the principal means of
access to abutting property.
Street Centerline. The street centerline is a line halfway
between the street roes .
Street Line. A dividing line between a lot and a contiguous
street.
Structure. Anything constructed or erected with a fixed loca -
tion on the ground, or attached to something having a fixed loca-
tion on the ground. Among other things , structures include build-
ings , walls , fences , and signs .
Structural Alteration. Any change except those required by
law or ordinance, w i.c would prolong the life of the supporting
members of a building or structure, such as bearing walls , columns ,
beams or girders, not including .openings in bearing walls as per-
mitted by other ordinances .
Tourist Home. An establishment used for dwelling purposes in
which rooms—, 77i't-TFor without meals , are offered to transient guest
for compensation.
Town House. A building that has one-family dwelling units
erected in a row as a single building on adjoining lots , each bein
separated from the adjoining unit or units by a masonry party wall
or walls extending from the basement floor to the roof along the
dividing lot line, and each such building being separated from any
other building by space on all sides .
Trailer or Mobile Home. A transportable structure built on a
. 1 Iy -A-31- i
F chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities .
Trailer or Mobile Home Court. An area where one or more inha7
� bited mo a omes or trailers can be or are intended to be parked.l
Yard. An open space , other . than a court on a lot , unoccupied )
and un`ooTs`tructed from the ground upward , except as otherwise pro-
` vided in this ordinance.
STREET FRONT LOT LINE OR LINE
FRONT YARD
_ _w-CiroiLt y.a r d_.7.ins.)
1 (or bldg. set-back line
SIDE YARD LINE)
I
SIDE YARD LINE
I ( INTERIOR LOT)
A � � A
H H
IC(rear yard line)
REAR YARD
EAR .LOT LINE)
Yard Front. A yard across the full width of the lot extend- i
ing from the ront line of the main building to the front line of
the lot. On corner lots the front yard shall face the shorest
street dimension of the lot, except that if the lot is square or
almostsquare, i. e. , has dimensions in a ratio of from 3: 2 to 3: 3,
then the front yard may face either street. f
AWL
Yard Side. A yard between the main building and the side
line of tie lot, and extending from the front yard to the rear yar
line.
Yard, Rear. A . yard extending the full width of the lot be-
tween a principal building and the rear lot line.
Yard Width and Depth. The shortest horizontal distance from
a lot line to the main building.
SECTION 11 . INTERPRETATION AND CONFLICT
All provisions of Ordinance 5880 and amendments thereto are
hereby repealed, as well as all other ordinances or parts of ordi.n �
ances in conflict herewith.
SECTION 12. FEES
New Construction and Alterations. The fees for Building Per-
mits shall be in accordance with the following schedule :
NEW BUILDINGS
Fees based on gross area including garages, carports, and
finished basements.
(1) Buildings of 0 to 3, 000 sq. ft . - $0. 015 per square foot
plus $0. 0025 per square foot for unfinished basements , with a min-
imum fee of $4. 00.
(2) Buildings of 3,001 to 10,000 sq. ft. - $45. 00 plus $0. 01+
per square foot for area above 3,000 sq. ft. , plus $0. 0025 per
square foot for unfinished basements.
h
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� � j (3) Buildings over 10,000 sq . ft . - $115 . 00 plus $0 . 005 per
I� square foot for area over 10 , 000 sq. ft. , plus $0. 0025 per square
ifoot for unfinished basements .
I Remodeled Buildings
(4) Fees based on estimated total construction costs.
$0. 00 to 1, 000. 00 - - -- $2 . 00
$1 , 000. 01 to 5, 000. 00 - - $2. 00 per thousand dollars of cost.
$5, 000. 01 and over - - -- -- $10. 00 plus $1 . 00 per thousand
dollars of cost over $5 , 000. 00 .
SECTION 13. VIOLATIONS AND PENALTY
A. In case any building or structure is erected, constructed, re-
constructed, altered, converted, or maintained, or any building ,
structure or larid is used in violation of this ordinance or other
regulations made under authority conferred hereby, the Building
Official may institute any proper action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use, to restrain, corre(''!- or a.bate such
violation, to prevent the occupancy of said buildi)i.4;, structure or
land, or to prevent any illegal act , conduct, business or use in
and to such premises.
B. The owner or general agent of a building or premises where a
violation of any provision of this ordinance has been committed or
shall exist, or the owner, general agent, lessee 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 ($10. 00)
dollars and not more than one hundred ($100 . 00) dollars 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 ($100. 00) dollars nor more than
two hundred fifty ($250. 00) dollars for each and every day that
such violation shall continue , or by imprisonment for ten (10)
days for each and every day such violation shall continue, or by
both said fine and imprisonment in 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 tell
(10) days after such service or shall continue to violate any pro-
vision of the regulations made under authority of this ordinance
in the respect named in such order, shall also be subject to a
civil penalty of two hundred fifty ($250. 00) dollars.
SECTION M VALIDITY
If any section, subsection, sentence , clause or phrase of thi
ordinance is for any reason held to be unconstitutional , such de- T
cision shall not affect the validity of the remaining portions of
this ordinance. The Council of the City of Jefferson hereby de-
clares that it would have passed this ordinance and each section
subsection, sentence , clause and phrase hereof irrespective of the
fact that any one or more other sections , subsections , sentences ,
clauses and phrases be declared unconstitutional .
SECTION 15. WHEN EFFECTIVE
This ordinance shall be in full force and effect from and af-
ter the date of its passage and approval .
Passed Approved �.
v C f i
re, e n e o ncil a o I�
A 7 est :
City C1 k