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HomeMy Public PortalAboutORD09598 BILL NU. _179_ As Amended _ INTRODUCED BY COUNCILMAN does ORDINANCE NO. qJ0*WrV AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING ORDIN- ANCE 8508, AND CHAPTER 36 OF THE CODE. OF THE CITY OF JEFFERSON, 1978, AND ALL AMENDM,v,NTS THEPETO, THE ZONING ORDINANCE, AND ENACT- ING A NEW ORDINANCE RELATING TO THE SANE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. Ordinance No. 8508 and Chapter 36 of the Code of the Citv of Jefferson, 1973 , and all amendments thereto, are repealed and a new Chapter 36 is hereby adopted, to read as follow! ; SECTION 1. TITLE, INTENT AND PURPOSE A. Title. These regulations may be referred to as the "Zoning Ordinance. " B. Intent and Purpose. (1) These regulations have been ;rased upon the comprehen-- sive plan for the City of Jefferson, which was adopted on November 13 , 1969, and the Supplement to the Comprehensive Plan which was adopted by the City of Jefferson on September 18 , 1978 . Said comprehensive plan :include estimates of population growth, land use surveys, a land use plan, plans for major thoroughfares, other transportation facilities , community facilities, public services and utilities, and a capital improvement program. (2) Need for public services and facilities in both size and location depends upon the character and intensity of land use. Regulations of the use of land is thus fundamental to a coordinate 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 from adverse or nonharmonious adjacent uses. (4) The land use regulations divide the City into a number qW of zoning districts. (a) Because of poor drainage, steep slopes and other natural conditions, some land areas should be kept in their natural state. These would be placed in a Conservation Dis- trict. (b) The comprehensive plan included careful esti- mates of the land area requirements for the various land uses such as commercial, residential , industrial , transportation, and public uses. These urban uses should be directed into that land area where they may be most efficiently served by public services and facilities such as sewers, water, schools parks and the like. Remaining lands should be reserved for rural uses. Consequently the regulations include a Rural District for non-urban .land uses . (c) In the past, residential neighborhoods have deteriorated 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 the population desires to, and does, live in single family homes which they own and which are located on fairly large lots. The regulations establish residential districts designed to provide maximum protection for single family homes. TABLE OF CONTENTS SECTION 1. Title, Intent and Purpose a. Title b. Intent and Purpose SECTION 2. Districts and Boundaries a. Districts b. District Boundaries SECTION 3. General Provisions SECTION 4. Use Regulations a. District Regulations b. Accessory Buildings and Uses SECTION 5. Height Regulations SECTION 6. Yard Requirements a. Minimum Yard Requirements b. Additional Requirements c. Exceptions to Yard Requirements SECTION 7. Density Regulations a. Minimum Lot Area and Width b. Exceptions to Lot Area and Width Requirements C. Maximum Floor Area Ratios SECTION 8. Off Street Parking and Loading Requirements a. Off-street Parking Requirements b. Rules for Computing Parking Spaces c. Location of Required Parking Spaces d. Minimum Improvements and Maintenance Standards SECTION 9. Planned District Regulations a. General b. PUD Planned Unit Development District c. MH Mobile Home Residential District d. C-4 Planned Commercial District e. M-3 Planned Indistrial District SECTION 10. Administration a. Board of Adjustment b. Non-conforming Uses are Regulated c. Site Plan Review d. Enforcement of the Ordinance e. Boundaries of Districts f. Interpretation g. Amendment of the Ordinance SECTION 11. Definitions SECTION 12. Interpretation and Conflict SECTION 13. Violations and Penalty SECTION 14. Validity SECTION 15. When Effective (d) Other residential districts are established for two-family homes and for medium and high density multiple family residential uses. Density, yard and parking regula- tions insure good living conditions in those areas . Much of present day building is by large projects instead of lot by lot. The regulations provide for "planned unit developments" which may be located in certain districts when an approved site plan conforms with the overall density standards of the dis- trict. This introduces an important measure of flexibility into the regulations. (e) Commercial districts allow for the different types of commercial areas that are needed by the future growth of the community. There is a zoning district for commercial offices to meet the office space needs of the City and a dis- trict for neighborhood commercial areas, (i .e. , the grocery store-drugstore complex serving the adjacent residential neighborhoods) . For the more widely used commercial areas along major streets and highways, there is a general comttier- cial district. There is a central commercial district for the downtown area and a special "planned district" for the shopping centers. (f) For industry there are three districts - a "ligh " industrial district for non-obnoxious maufacturing, a "genera L" or unrestricted industrial district and a "planned industrial ' district. (g) Certain planned districts are provided. These districts are to encourage unified developments, to minimize adverse impacts on adjacent lands and to provide a greater flexibility in the design of buildings and building complexes that would not otherwise be possible through the strict appli - cation of district regulations. (h) The regulations are reasonable in relation to existing conditions. Yard dimensions are adjusted to peculia - ities of existing lots. Lots that are now too small may be used. Non-conforming uses are permitted to continue. (i) All uses are required to provide their own off- street parking (with a few exceptions) . Enforcement of this requirement will enable streets to be used primarily for traffic movement. (j) Each of the regulations has been designed to work harmoniously with the others with the totality providing that minimum degree of land use control essential to the realization of the optimum urban environment. SECTION 2. DISTRICTS AND BOUNDARIES A. Districts. The City of Jefferson City is hereby divided i.nt three types of districts: R District - Residential C District - Commercial. M District - Industrial The three types of districts are further divided into the following specific districts: RU Rural RC Conservation RS-1 Residential RS-2 Residential RS-3 Residential RS-4 Residential RD Residential RA-1 Residential RA-2 Residential C-0 Office Commercial C-1 Neighborhood Commercial C-2 General Commercial C-3 Central Commercial C-4 Planned Commercial M-1 Light Industrial M-2 General Industrial M-3 Planned Industrial PUD Planned Unit Development MH Mobile Home Residential District �r B. District Boundaries. + (1) The boundaries of the district are shown upon the map attached hereto and made a part hereof, which map is designated as the "District Atlas Map. " The district map and all notations, references and 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 district map is properly attested and is on file with the City Clerk of the City of Jefferson, Missouri . All areas hereto- fore designated on the "District Atlas Map" as being the "S" Special Development District shall , on the effective date of this ordinance, be designated as being in the PUD Planned Unit Develop- ment District. All areas heretofore designated on the "District Atlas Map" as being in the RA Residential District shalt , on the effective date of this ordinance, be designated as being in the RA-2 Residential District. (2) Whenever any street, alley or other public way is vacated by official. action of the City Council of the City of Jeffer- son City, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate reaulations of the extended districts. (3) All territory which may hereafter be annexed to the City of Jefferson City shall automatically be placed in the most restri - tive RS Residential District or shall be zoned in accordance with the City' s annexation plan of intent. SECTION 3. GENERAL PROVISIONS A. Except as hereinafter provided: (1) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. (2) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limits herein established for the district in which the building is located. (3) No building shall be erected , converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. (4) The density and yard regulations of this ordinance ar 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 altered shall be located on a lot as herein defined and in no case shall there be 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 confor- mity with the off-street parking and loading regulations of this ordinance. (7) Cooperatives, condominiums and all other forms of property ownership shall be observed as though the property owner- ship were under single ownership. For the purpose of this ordin- ance fee simple townhouses shall also be considered to be under - single ownership. Structures owned, or to be owned, under the above types of ownership shall not be permitted in any RS District except as a part of a Planned Unit Development, developed in accordance with the provisions of Section 9.B. Such structures. involving only two dwelling units may be permitted in the RD District. All provisions and requirements of these regulations shall apply to the structure and the number of dwelling units therein regardless of the type of ownership. (8) All inhabited mobile homes or trailers shall be located in an approved court as described in Section 9.C. No mobile home or trailer outside an approved court shall be connected to utilities except those being offered for sale and not inhabited. SECTION 4 . USE REGULATIONS 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) Planned Unit Development in accordance with the provisions of Section 9 .B. (g) Mobile home or trailer court in accordance with the provisions of Section 9 .C. (h) Golf course except miniature course or driving range. (i) Roadside stand for the display or sale of agricultural products raised on the premises. (j) Greenhouse or nursery. Conditional Uses: (a) Extraction of coal, sand or gravel (b) Airport (c) Public building erected by any governmental agency. (d) Hospital , nursing home and educational, religious and philanthropic institution on a site of not less than five acres. (e) New cemetery on. site of not less than twenty acres or enlargement of existing . cemetery. , (f) Privately operated outdoor recreational facility, including riding stable, lake, swimming pool, 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 (d) Cemetery 4 Conditional Uses: (a) Extraction of coal, sand or gravel. (b) Privately operated outdoor recreational facility, including riding stable, lake, swimming pool, tennis court and golf course on site of not less than five acres. (c) Motel, resort and incidential facilities, in- cluding swimming pool, restaurant, incidential retail sales and services, and personal services on site of not less than one acre, provided they are protected from flooding. (d) Guest ranch, hunting and fishing resort, I ski resort and incidental facilities, including swimming pool, restaurant, incidental retail sales and services and persona services, on site of not less than twenty acres, provided they are protected from flooding. (e) Marina, yacht club, boat house or bait shop. (£) Barge docking - defined as a permanent struc- ture principally constructed from steel and/or concrete ex- tending riverward with not less than 100 linear wall feet, .said structure to be permitted by U. S. Corps of Engineers and specifically designed for the mooring and unloading of standard Missouri River cargo barges. (g) Warehouse accessory to a barge docking facility for storage of barge shipments on a site of at least forty (40) acres provided that: (g.l) Building coverage will not be greater than 2. 5% of the total site. (g.2) All storage of materials and handling equip- ment will be enclosed within the warehouse. (g. 3) In order to protect the view of the Pissouri River and the flood plain, an irreplaceable natural resource of the City, the Board of Adjustment in addition to the general authority provided in Section 10.A, shall not approve a conditional use permit for an accessory warehouse in the RC (conservation) dis- trict unless it finds that: (g.3.a. ) The building and facilities will be sited so as to cause minimum visual impact from the State Capitol and the City. (g.3.b. ) The building and parking areas will be screened with shrubs and trees. (g. 3.c. ) All building access points and all parking areas will be screened from the Capitol and the City by the building itself or appro- priate landscaping. (g. 3.d. ) No signs will be permitted except informational signs with an aggregate total area of 1. 5 square feet at any one location. (g.3.e. ) Outside lighting shall be limited to the minimum amount required for safety and security and shall be directed downward and not across the river. (g. 3.f. ) Building material and colors used on the building will blend in with landscape and minimize visual impact of the structure. (g. 3-g- ) Building height shall not exceed twenty-eight (281 ) feet above the average grad of the surrounding terrain. (3) RS-1, RS-2, RS-3 and RS-4 Residential Districts. Identical uses are permitted in each of the four RS Residen- tial Districts. Differences in these districts are in the density requirements. (Refer to Section 7.A. ) Permissive Uses: (a) Single family dwelling (b) Public park or playground (c) Public school, elementary and high, or private school having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes. (d) Golf course, except miniature course and driving tees operated for commercial purposes. (e) Planned Unit Developments without rezoning but in accordance with all provisions of Section 9.B. Conditional Uses: (a) Privately operated lake, swimming pool, or tennis court on site of not less than five acres. (b) Public building erected by any governmental agency. (c) Parking lot located within 300 feet of a C or M district. (d) Nursery, day care center, pre-kindergarten, kindergarten, play, special and other private school. (e) Greenhouse or nursery (f) Church (g) Private club, fraternity, sorority, or lodge, excepting when the chief activity of which is a service cus- tomarily carried on as a business. (h) Home occupation. (i) Hospital, nursing home, group home for the handicapped, and educational, philanthropic or religious not-for-profit institution on site of .not less than five acre., , provided not more than 50 percent of the site area may be occupied by buildings, and provided further that the build- ings shall be set back from all required yard lines an addi- tional foot for each foot of building height. i, (j) Two family home in those locations wher.e .on the effective date of this ordinance more than 40 percent of the frontage on one side of a street between two intersecting streets is used for two family homes or two family homes and multiple dwellings. (k) Private recreational facility where buildings do not occupy more than 10 percent of the site area. (4) RD Residential District Permissive Uses: AM (a) Any permissive use of the RS District. (b) Two family dwellings. Conditional Uses: (a) Privately operated lake, swimming pool, or tennis court on site of not less than five acres. (b) Public building erected by any governmental agency. (c) Parking lot located within 300 feet of a C or M district. (d) Nursery, day care center, pre-kindergarten, kindergarten, play, special and other private school. (e) Greenhouse or nursery. (f) Church (g) Private club, fraternity, sorority, or lodge, excepting when the chief activity of which is a service customarily carried on as a business. (h) Home occupation. (i) Religious, educational non-profit and eleemo- synary institution of a philanthropic nature, but not a penal or mental institution. (j) Hospital or sanitarium, except criminal, mental or animal hospital. (k) Nursing, rest or convalescent home. (1) Group home for the handicapped. 6 (5) RA-1 Residential District Permissive Uses: (a) Any permissive use of the RD District. (b) Multiple dwelling, including townhouses, row houses, triplex, four plex and other similar apartment types. There shall be a minimum of 2, 500sguare feet of lot area per family for multi-family dwellings. Buildings shall be well landscaped and the total ground floor area of the building(s) shall not exceed 25% of the area of the lot. (Refer to Sec- tion 7.A. for additional density requirements) . Conditional Uses: Any conditional use of the RD District. (6) RA-2 Residential District Permissive Uses: (a) Any permissive use of the RA-1 District. (b) Multiple dwelling with a minimum of 1,500 square feet of lot area per family for multi-family dwellings (Refer to Section 7.A. for additional density requirements) . Conditional Uses: (a) Any conditional use of the RD district. (b) Medical clinic. (c) Tourist home when located on an officially designated State or Federal Highway. (d) Rooming house or boarding house. (e) Professional and business offices in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers. These shall include, but not be limited to, offices for governmental agencies, lawyers, doctors, insur- ance, real estate, architects and engineers. (7) C-O Office Commercial District Permissive Uses: (a) Any permissive use of the RA-2 district except residential uses. (b) Offices (same as RA-2 conditional uses (6) (e) . (c) Medical and dental offices and clinics. (d) Hospital or sanitarium, but not a criminal, mental or animal hospital. (e) Cultural facilities such as art galleries, museums, theatres, (not motion picture theatres) and concert halls. (f) Private club, fraternity, sorority or lodge. (g) Religious, educational, non-profit or eleemo- synary institution of a philanthropic nature, but not a penal or mental institution. (h) Automobile parking lot or parking garage. (i) Church Conditional Uses: (a) Private school (same as RD, Conditional Use (4) (d) . (b) Industrial or medical research facilities. (c) Nursing, rest, convalescent or group home for the handicapped. (e) Apartments, rooming house or boarding homes. (8) C-1 Neighborhood Commercial District Permissive Uses: (a) - Any permissive use of the C-O district (b) Bank or financial institution 1 A (c) Dressmaking, tailoring, shoe repairing, repair �! of household appliances and bicycles, catering and bakery with i sale of bakery products on the premises and other uses of a similar character. �I (d) Mortuary r`. (e) Personal service uses including barber shop, beauty parlor, photographic or art studio, messenger, taxicab newspaper or telegraph office, laundry or dry cleaning re- ceiving station, and other uses of a similar character. (f) Retail store, in connection with which there shall be no slaughtering of animals or poultry, nor commer- cial fish cleaning and processing on the premises. (g) Restaurant, not including drive-in restaurants (h) Theatre, . not including drive-in theatre. (i) Self-servicing laundry or cleaning establish- ment. (j) Greenhouse when a part of a retail sales estab lishment. Conditional Uses: (a) Private school (same as RD, conditional use (4) (d) . (b) Automobile service station. (c) General service and repair establishment, in- cluding dyeing or cleaning works or laundry, plumbing, heat- ing, printing, painting, upholstery, or appliance repair. An (d) Hotel or motel. (e) Residence, when located on the second story or above. (f) Bar or tavern. (g) Nursing, rest, convalescent or group home for the handicapped. (h) Apartment, rooming house or boarding home. (9) C-2 General Commercial District Permissive Uses: (a) Any permissive use of the C-1 and C-3 district . (b) Automobile or trailer display and salesroom. ` (c) Display and salesroom. II (d) Drive-in restaurant. (e) Farm implements, sale and repair. (f) Farm store or feed store, including accessory storage of liquid or solid fertilizer. (g) MAilk distributing station. ® (h) Veterinarian, animal hospital or kennel. (i) Used car, trailer or boat sales or storage lot (j) Mobile home or trailer court in accordance with the provisions of Section 9.C. (k) 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 10% of the lot or tract occupied by such establishment shall be used for the open and unen- closed storage of materials or equipment. (1) Roller skating or ice skating rink. Conditional Uses: (a) Private school, (same as RD conditional use (4) (d) . (b) Drive-in theatre. (c) Lumberyard (d) Commercial recreational uses such as water slides and miniature golf courses. (e) Bakery. (f) Bottling works. (g) wholesale establishment or warehouse in a com- pletely enclosed building. (h) Truck or bus terminal. (i) Nursing, rest, convalescent or group home for the handicapped. (j) Apartment, rooming house and boarding home. 8 (10) C-3 Central Commercial District Permissive Uses: (a) Any permissive use of the C-1 District (b) Automobile repair shop. (c) Bowling alley, billiard parlor or amusement center. (d) Bus terminal. (e) Business or commercial school. (f) Dancing or music academy. (g) Filling station. (h) Frozen food locker. (i) Hotel or motel. (j) Laboratory, research, experimental or testing facilities. (k) Private school (same as RD, conditional use (4) (d) . (1) Radio or television broadcasting station or studio. (m) Warehousing and storage when a part of a re- tail sales establishment. There shall be no unenclosed stor- age of materials or equipment. (n) General service and repair establishments, in- cluding dyeing or cleaning works or laundry, plumbing and heating, printing, painting, upholstery, or appliance repair. (o) Bar or tavern. (p) Any retail business or service use of a charac- ter similar to those listed above. Conditional Uses: (a) Nursing, rest, convalescent or group homes for the handicapped. (b) Apartment, rooming house and boarding home. (11) C-4 Planned Commercial District Refer to Section 9.B. , Planned District Regulations. (12) M-1 Light Industrial District Permissive Uses: (a) Any permissive use of the C-2 district. (b) Drive-in theatre (c) Lumberyard (d) Bakery (e) Bottling works (f) Wholesale establishment or warehouse (g) Truck terminal (h) Contractors or storage yard enclosed by a fence. (i) Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, and print- ing and finishing of textiles and fibers into fabric goods. (j) Compounding of cosmetics, toiletries, drugs and pharmaceutical products. (k) Manufacture or assembly of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, elec- trical appliances, tools, dyes, machinery, and hardware pro- ducts, sheet metal products and vitreous enameled metal pro- ducts. (1) Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches clocks, toys, games and electrical or electronic apparatus. (m) Manufature or storage of food products, in- cluding beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, pack ing and processing of meat and poultry products, but not dis- tilling of beverages or slaughtering of poultry or animals. (n) Manufacture of boxes, crates, furniture, bas- kets and other wood products of a similar nature. (o) The above uses are permitted in the M-1 dis- trict as long as the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas, smoke or vibration. 9 t No dwelling other than that for a resident watchman or care- taker employed on the premises shall be permitted. (13) M-2 General Industrial District Permissive Uses: Any use permitted in the M-1 district. Conditional Uses: Any manufacturing or industrial use not included as a permissive use of the M-1 district. (14) M-3 Planned Industrial District Refer to Section 9.E. , Planned District Regulations. B. Accessory Buildings and Uses are Permitted when in Accordance with the following: (1) In the RU, RC, RS, RD and RA Districts, Accessory Buildings and uses are limited to: A non-commercial greenhouse that does not exceed in floor area 25% of the ground floor area of the main building. A private residential garage used only for the housing of non-commercial passenger automobiles and with a floor area not to exceed 450 square feet. An additional floor area of 200 square feet may be provided for each 3,000 square feet of lot area by which such lot exceeds 6,000 square feet, provided no garage shall exceed 1,000 square feet nor house more than five such automobiles. 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 neighbor- ing property owners. Tennis courts, swimming pool, garden house, pergola, ornamen- tal gate, barbeque oven, fireplace, and similar uses customar- ily accessory to residential uses. (2) There shall be the following additional regulations for accessory buildings: No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, 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 con- structed shed or road wagon for the storage of tools, material and equipment by a contractor during the building construction. No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall. Accessory buildings may not be used for dwelling purposes. C. Regulations Regarding Fences shall be as follows: (1) No fence more than 30% solid or more than three (31 ) feet high may be located within thirty (30' ) feet of the right-of-way line of intersecting streets. (See diagram on page 14) . 10 (2) Exce t as 2rovided in (I) -above, fences less than four (4 ' feet high may be located on any part of a lot. (3) Except as provided in (1) above, fences less than six (61 ) 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) All other fences may be erected if approved by the Board of Adjustment. SECTION 5. HEIGHT REGULATIONS A. Maximum height limits established for building and structures are as follows: (1) Thirty-five (351 ) feet in the RU, RC, RS, RD and RA-1 Districts. (2) Forty-five (451 ) feet in the RA-2, C-1, C-2, M-1, M-2 and M-3 Districts. (3) Height limits in the C-O, C-3, C-4 and PUD Districts are established by setbacks and floor area ratios. See Sec- tion 7.C. B. The above height limits may be exceeded in the following in- stances: (1) Public, semi-public or public service buildings, hospitals, institutions, agricultural buildings, or schools when permitted in 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 (11 ) 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 erected to such height as may be authorized by the Council. (3) Buildings in the M-2 District may be increased in height one (1' ) foot for each foot the building is set back from all yard lines up to a maximum height of 100 feet, pro- vided that the gross floor area provided, exclusive of en- closed garages, does not exceed 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 airport other than a. helicopter landing facility, owned and operated by a public agency: (1) Within the air space above the approach zone to each end of the runway designed to be used for instrument landings no building or structure shall be erected or altered to pro- ject above a plane with a slope of 1 (vertical) to 60 (hori- zontal) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, said plane to be in the shape of a symmetrical trapezoid 1,000 feet in width at its lowest point and 4 ,000 feet in width at its highest point combined with a second plane with a slope of 1 (vertical) to 40 (horizontal) extending from the upper edge of the first plane for an additional distance of 40,000 feet, said plane • to be in the shape of a symmetrical trapezoid 4,000 feet in width at its lowest point and 16,000 feet in width at its highest point. 11 l (2) Within the air space above the approach zone to each �r end of the runway not designed to be used for instrument land- ings, 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 non-instrument runway and approach zone, no building or structure shall be erected or altered to pro- ject above a plane with a slope of 1 (vertical) to 7 (hori- zontal) . Transition zones extend outward and upward from a line (*) feet on either side of the centerline of non-instru- ment runways for the length of such runway plus 200 feet on each end; and 500 feet' on either side of the centerline of instrument runways for the length of such runway plus 200 feet on each end; to a height 150 feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to both instrument and non- instrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intersect the surfaces of the horizontal and conical zones. (4) Within (**) feet from the established airport refer- ence point, no building or structure shall be erected or altered to project above a horizontal plane 150 feet above the established airport elevation. This horizontal zone does not include the approach or transition zone. (5) Within the conical zone, which commences at the peri- phery of the horizontal zone and extends outward therefrom a distance of (**) feet, no building or structure shall be erected or altered to project above a plane with a slope of 1 (vertical) to 20 (horizontal) . (6) Nothing in this sub-paragraph shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to twenty (201 ) feet above the surface of the land. (*) The applicable distance in feet must be based on runway lengt 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 length as set forth in Section 77.25 of Part 77 of the Federal Aviation Regulations. SECTION 6. YARD REQUIREMENTS A. Minimum Yard Requirements The following minimum yards, measured in feet, shall be pro- vided within the distances indicated below: nistrict Front Yard Side Yard Rear Yard RU 50 20 50 RC 50 20 50 RS 25 10 30 RD 25 10 25 RA-1 25 10 25 RA-2 25 10 25 C-0 25 10 20 C-1 25 10 20 C-2 25 None 20 {, C-3 None None None r C-4 As Required As Required As Required M-1 25 None 25 M-2 25 None 25 M-3 As Required As Required As Required PUD As Required As Required As Required Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard. For the purpose of side yard regulations, a two family dwelling or multiple dwelling shall be considered as one building .occuping one lot. B. Additional Requirements The following additional yard requirements must also be ob- served: (1) On lots fronting on two non-intersecting streets, a front yard must be provided on both streets. (2) On corner lots there must be a front yard on both streets. (3) Where a frontage is divided among districts with different front yard requirements, the deepest front yard re- quired shall apply to the entire frontage. i (4) In the C. M. and PUD Districts, there may be more than one building on a lot provided that the required yards be i maintained around the group of buildings. (5) There may be two or more related multi-family, hotel, motel or institutional building 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 II within 45% of being parallel be separated by a horizontal dis- tance that is at least equal to the height of the highest building. (6) Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not recon- structed or structurally altered. (7) Required front yards shall be devoted entirely to land- scaping area except for guest parking and the necessary pav- ing of driveways and sidewalks to reach parking or loading areas in the side or rear yard. (S) Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building. (9) The minimum width of side yards for schools, libraries churches, community buildings and other public and semi-publi buildings in residential districts shall be twenty-five (251 ) • 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 district in which the building is 'located. i 13 (10) No sign, fence, wall, shrub or other obstruction to vision exceeding three ( 3 ' ) feet in height above the estab- lished street grade shall be erected , planted or maintained within the area of a corner lot that is included between the lines of the .intersecting streets and a straight line con- necting them at points thirty (301 ) feet distance From the intersection of the street right-of-way lines . 40 STREET 30' 1., R/W 25' SIDE YARD WITHIN THIS TRIANGULARY SHAPED AREA, NO OBSTRUCTION TO VISION AS DEFINED ABOVE MAY O EXCEED A HEIGHT OF THREE M FEET ABOVE THE ESTABLISHED STREET GRADE. PRINCIPAL N 25' FRONT YARD BUILDING 3 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% 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 provides a front yard not more than ten (10' ) feet deeper than the building closest to the street, then the front yard for the frontage is and remains as average of the then exist- ing front yards. (b) Where this (a) is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these adjacent buildings . (c) Where neither (a) nor (b) is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building. (2) Sills, eaves, belt courses, window air conditioning units, chimneys, cornices, and ornamental features may pro- ject into a required yard a distance not to exceed twenty- four (24") inches. The Director of Planning may permit eaves and overhang features to project into a required yard a dis- tance not to exceed forty-eight (48") inches. (3) Filling station pumps and pump islands may occupy re- quired yards provided, however, that they are not less than fifteen (15 ' ) feet from all lot lines. (4) Open fire excapes, fireproof outside stairways , and balconies opening upon fire towers, and the ordinary projec- tions of chimneys and flues into a rear yard for a distance of not more than three and one-half (3 1/31 ) feet when so placed as to not obstruct light and ventilation, may be per- mitted by the Director of Planning. (5) Open, unenclosed porches (not glassed in) may extend ten (10 ' ) feet into a front yard. (6) No side yards are required where dwellings are erects above commercial and industrial structures, except such side yard as may be required for a commercial or industrial build- ing on the side of a lot adjoining a residential district. (7) Accessory buildings may be located in a rear yard but may not occupy more than 30% of a rear yard. (8) Any accessory building closer than ten (101 ) feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building. (9) An accessory building more than ten (10 ' ) feet from a main building may be erected not closer than two (21 ) feet of a side and rear lot line, but must be located at least . sixty (60' ) feet from the front street line. .t (10) Where a garage is entered from an alley, it must be kept ten (10 ' ) feet from the alley line. SECTION 7. DENSITY REQUIREMENTS A. Minimum Lot Area and Width The following minimum lot areas and lot width must be provide in the districts indicated: Lot Area Per Family in Sq. Ft. Lot Lot Single Two Width Area in Family Family Multiple District In Feet Sa.Ft- . Dwelling Dwelling Dwelling Am RU 150 43,560 43, 560 N/A* N/A* RC 150 43,560 Dwellings Prohibited RS-1 100 15 ,000 15, 000 N/A N/A RS-2 80 10 , 000 10,000 N/A N/A RS-3 70 8 ,000 8 , 000 N/A N/A RS-4 60 6 ,000 6 ,000 N/A N/A RD 60 6, 000 6, 000 3,000/F N/A RA-1 80 10, 000 10 ,000 3,000/F 2 ,500/F RA-2 60 6, 000 6 , 000 3, 000/F 1, 500/F C-O None None 6 , 000 3, 000/F 1 ,000 1F C-1 None None 6,000 3 , 000/F 1 , 000 1F 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 M-3 200 43, 560 Dwellings Prohibited PUD As Required As Req. As Req. As Req. As Req. (* Not applicable) B. Exceptions to Lot Area and Width Requirements. The 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 anv other parcel or tract ad- 3acent thereto, said lot may nevertheless be used for a one family dwelling or for any non-dwelling 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 5% if a landscaped buffer area not used for off-street parking, with a minimum depth of ten (101 ) feet or a masonry wall six (61 ) feet in height is provided on all lot lines that are also district boundaries with a less re- stricted zoning district. (b) By 10% if the project provides at least two off - street parking spaces for each dwelling unit. (c) By 5% if all of the required parking spaces are enclosed or in an underground structure. (d) By 10% if the project includes a club, tennis court, swimming pool or other major recreational facility occupying at least two-tenths (0. 2) of a square foot of land area for each square foot of floor area in the building. 5 (e) By 5% if the building proposed in the project meet 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 numbe of residents allowed in the project. Affh The above percentages are to be applied individually and not cumulatively. (3) Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be recon- structed or strucurally altered unless made to conform to these . requirements. (4) Lot area per family requirements shall not apply to dormitories, fraternities , sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments. (5) In the RU District, the minimum lot area per family may 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 eighty (801 ) feel:, respectively, where both public water and public sewer services are available. (6) A corner lot which is plated in a residential district after the effective date of this ordinance shall have a minimum lot area which exceeds the minimum lot area for the district in which it is located by 20% . 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 multiple dwelling uses, there shall be a maximum floor area ratio of 1. 5 except that where the building is set back from one 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 each square foot of area left open within the required front, side and rear yard re- quired by Section 6. (2) In the C-3 District and for commercial uses in the PUD District, there shall be a maximum floor area ratio of 6. 0 except that where a building is set back fron one or more lot lines, the floor area of such building or buildings may be in- creased by two square feet of additional floor area for each squar feet of open area provided. The maximum height of any building shall not be greater than fourteen stories measured from High Street elevation in the C-3 District. (3) Maximum floor areas provided for 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 REQUIREMENTS. A. Off-Street Parking Requirements Off-street parking spaces shall be provided as follows : (1) Single family and two family dwellings - One space for each bathroom or fraction thereof in the dwelling unit. (2) Multiple dwelling - One and one-half spaces for each dwelling unit in the RD and RA districts. One and two-tenths spaces for each dwelling unit in all other districts. (3) Efficiengy apartments - One space for each dwelling unit. (4) Elderly housing apartments - Three -quarters of a space for each apartment unit. (5) Rooming and boardinghouses, sorority and fraternity houses - One parking space for each 200 square feet of flog area. 1 � (6) Private Club or lode - One parking space for each 400 square feet of floor area. (7) Church or tem le - One parking space for each four seats in the main auditorium. Oda (8) School - For high schools, colleges, and universities, ten spaces per classroom; for elementary schools , two parking spaces per classroom. (9) Hospital - Two parking spaces for each bed. (10) Sanitarium, institutional home, nursing home or group home for the handicapped - One space for each three beds. (11) Funeral home - Ten parking spaces for each chapel plu one for each funeral home vehicle olus one for each family residing on the premises. (12) Auditoriums, theatres, and other places of public assembly - One parking space for each five seats. (13) Restaurant - One space for each three seats provided for patron use. (14) Community center, library, museum, or similar public or semi-public building - One parking space for each 300 square feet of floor area in the building. (15) Hotel or motel - Five parking spaces plus one space for each sleeping room or suite. (16) Medical office building - Building in which 20% or more of the gross area is occupied by members of the healing pro- fession. One parking space for each 200 square feet of the gross area used for this purpose. (17) Manufacturing and Industrial Plant, Warehouse, Fabri- cating Plant, Research or Testina Laboratory- Creamery, Bottling Plant, Lumberyard Storage or other similar establishment - Two parking spaces for every three employees on the maximixm shift, plus space to accommodate all trucks and other vehciles used in con- nection therewith. (18) All non-residential buildings except those above specified - One space for each 300 square feet of floor area, except in the C-3 district where one space shall be provided for each 600 square feet of floor area for retail commercial uses and one space per 1 , 000 square feet of floor area for offices and it being understood that more than one type of use can exist with- in one structure. (19) University or college dormitories - One space per one and 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 specific use, excluding any floor or portion thereof used for park ing, as herein defined. In the C-3 district, where there is a municipal parking lot within 300 feet, the parking spaces required may be reduced by 10% of the total spaces in the municipal lot or ' lots. Where 10% of the municipal spaces is equal to or exceeds the spaces required for the use,the parking requirements would be satisfied. (2) Where fractional spaces result, the parking spaces re quired shall be the nearest whole number. (3) In the case of mixed uses, the parking spaces requireci shall equal the sum of the requirements of the various uses com- puted separately. (4) Whenever a building or use is changed or enlarged to an extent of 20% or more in floor area, number of dwelling units, seating capacity, parking spaces shall be provided on the basis of the enlargement or change. � 7 i C. Required Parking spaces for the Handicapped Three percent of the required number of parking spares on all lots hereinafter constructed shall. be parking spaces for the handicapped provided, however, no handicapped spaces are required on lots containing less than 20 spaces and, further provided, a minimum of one handicapped space shall be provided on all parking lots containing 20 or more parking spaces. A parking space for the handicapped shall have a minimum width of fifteen (151 ) feet and a minimum length of twenty (20 ' ) feet. Handicapped spaces shall be located in close proximity to an entrance of the building or buildings served by the lot. Spaces for the handicapped shall be clearly marked with signs and/or pave- ment markings. D. Location of Required Parking Spaces All parking spaces required shall be located as follows: (1) The parking spaces shall be located off the City right-of-way. (2) The parking spaces shall be located so parked vehcile do not overhang onto adjacent property or the City right-of-way. (3) The parking spaces required for residential buildings or 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 required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which said parking spaces are provided shall be restricted by an instrument of record describing the premises for which said parking is provided and assuring the retention of such parking so long as required by this ordinance. E. Minimum Improvements and Maintenance Standards Parking lots and garages and their driveways shall conform with the following improvements and maintenance standards : (1) Parking lots are divided into Light, Medium and Heavy classifications. Parking areas for single family through and in- cluding four family dwellings generally are permitted to use the standards of the Light Classification. Parking areas which do not meet the criteria for the Light Classification and are to be used primarily for the parking of automobiles are permitted to use the standards of the Medium Classification, provided however, the Heavy Classification standards be required on those parts of the parking area which may be subject to frequent heavy truck traffic. Such heavy truck traffic areas may include, but not necessarily be .limited to, trash disposal areas, shipping and receiving areas, and drives leading to such areas. All other uses are required to follow the Heavy Classification standards. However, a final decision on the need for Light, Medium. or Heavy Classifications standards will be made by the Director of Plan- ning at the time an application for a Building Permit is filed. (a) Light Classification Standards. Parking lots and their entrance and exit driveways shall be surfaced either with concrete not less than four (4" ) inches in thickness or with bituminous surface of not less than two (211) inches in depth on top of a compacted crushed stone base not less than four (4" ) inches in depth, or with any surface adjudged by the Commission to be equal or superior to either of these types. (b) Medium Classification Standards. ® Parking lots and their entrance and exit driveways shall be surfaced either with concrete not less than five (5") inches in thickness or with bituminous surface of not less than three (3" ) inches in depth on top of a compacted 1 8 • crushed stone base not less than four (4") inches in depth, or with any surface adjudged by the Commission to be equal or superior to either of these types. (c) Heavy Classification Standards. Parking lots and their entrance and exit drive- ways shall be surfaced either with concrete not less than six (6" ) inches in thickness or with bituminous surface of not less than five (5") inches in depth on top of a compacted crushed stone base not less than four (4" ) inches in depth, or with any surface adjudged by the Commission to be equal or superior to either of these types. (2) Driveways serving single family and two family dwellings shall have a minimum width of twelve (12 ' ) feet. (3) The location and width of entrances and exits to and from the lots or garages shall be as determined by the Director of Public Works , provided however, the minimum width of driveways leading to an from the lots or garages shall be twelve (121 ) feet. (4) Private driveway approaches, when located on public right-of-way shall be designed and constructed in accordance with the design and construction standards of the Department of Public Works. (5) Adequate provisions shall be made for the disposal of storm water from parking lots and garages. The Director of Planning shall direct the owner of a parking lot or garage to take such measures as may be required to insure, in-so-far as is possible, that such water shall not flow onto adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or inconvenient to persons using the sidewalk ,. (6) The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surfacing, where required by the Director of Planning. (7) Wherever the parking lots or garages are to be used during darkness, a system of flood lighting shall be installed to provide an adequa.re standard of illumination over the entire parking lot. All flood lights shall be shielded so that minimum glare will extend to adjacent property and shall meet require- ments of the Director of Planning. (8) . A sign, the size and character of which shall be approved by the Director of Planning shall be installed showing the ownership of the lot or garage and the permitted use thereof. If the lot or garage is so operated thata. charge is made for the use of the parking facilities, the rates for parking shall be legibly shown upon the sign. 19 (9) Landscape plantings shall be installed on all parkin lots and adjacent to all garages. Such plantings may be in public right-of-way, adjacent to the parking lot or garage with City approval. Such plantings shall consist of at least one standard tree of two and one-half (2 1/2") inch diameter or more for each ten parking spaces in the lot or garage. The required trees shall not be concentrated in a few areas but shall be distributed throug - out the entire lot. Such plantings shall be in accordance with a landscape or planting plan approved by the Planning Department and in accordance with City specifications. If the property owner can prove that for reasons of rock out-cropping or other similar unusual characteristics, such planting is not possible, this re- quirement may be waived by the Commission. Trees and shrubs shall be maintained in good condition and replaced where necessary to insure the continuation of the planting or landscape plan as approved. Upon failure to do so, the Director of Planning shall have the power to prohibit parking until maintenance or replace- ment is completed. (10) A temporary shelter for the use of parking lot atten- dant may be maintained on the lot provided the location, construc- tion and design of same shall be first approved by the Director of Planning. (11) The parking lot or garage shall be maintained in a manner to keep it as free as practicable from dust, paper and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet and snow and in a safe condition for use by pedestrians. All signs, markers, or any other method used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Like- wise, any walls, trees and shrubbery, as well as surfacing of the parking lot or garage, shall be maintained in good condition throughout its use for parking purposes and the Director of Plan- ning shall have the authority to prohibit the use of the area for parking purposes unless and until proper maintenance, repair or rehabilitation is completed. (12) 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 judgment for damages rendered against the operator of the parking lot, resulting to persons or property when incurred while using the parking lot; or (b) Carry public liability insurance in such amounts as may be required by the Council. F. Off-Street Loading Requirements There shall be provided at the time any building is erected or structurally altered, off-street loading spaces in accordance with the following requirements: (1) Office building, apartments, apartment hotel, motel and hotel - One space for each 5,000 to 50,000 square feet of gross floor area; two spaces for each 50,000 to 200,000 square feet of gross floor area; one additional space for each 75,000 square feet of gross floor area above 20,000 square feet. (2) Retail or service establishment or wholesale commer- cial use - One space for each 2,000 to 20,000 square feet of gross floor area; two spaces for each 20,000 to 100,000 square feet of gross floor area; one additional space for 75,000 square feet of gross floor area above 100,000 square feet. ® (3) Manufacturing or industrial use - One space for each 10,000 square feet of floor area or fraction thereof in ex- cess of 5,000 square feet. 20 (4) In all cases where the off-street loading space is located in a manner that a truck must back directly from a major street into a loading space, a maneuvering space of not less than fifty (501 ) feet shall be provided on the lot on which the indus- trial use is located. 1 SECTION 9. PLANNED DISTRICT REGULATIONS A. General - The purpose of the Planned Unit Develop- ment District (PUD) , the Mobile Home Residential District (MH) , the Planned Commercial District (C-4) and the Planned Industrial District (M-3) and the procedures to be followed for each of these Planned Districts are: (1) Purpose - The purpose of the Planned Districts is to encourage unified developments, to minimize adverse impacts on adjacent lands and to provide a greater flexibility in the design of buildings and building complexes than would otherwise be possib e through the strict application of district regulations. (2) Rezoning Procedure - The procedure for requesting that property be rezoned to a Planned District shall be in accordance with Section 10.G. of this ordinance, provided however, the Com- mission may require that a Preliminary Plan, as described in Sec- tion 9.A. (6) be made a part of the rezoning request. ML (3) Required Plans - Before land is used or a building erected or used for any of the purposes permitted in the particula Planned District, a Preliminary Plat and a Final Plan shall be approved by the Commission for all continguous property within thi district in any one location. The Commission shall have 60 days to consider and approve or reject a Preliminary Plan, with or with- out modifications, although this period may be extended by agree- ment of the parties concerned. Rejection of a Preliminary or Final Plan by the Commission may be appealed to the Council, pro- vided however, a decision of the Commission on a Preliminary Plan or a Final Plan shall not be reversed except by a favorable vote of three-fourths of all members of the Council. (4) General Standards for Review of Preliminary and Final Plans - Before approving a Preliminary or a Final Plan for any Planned District the Commission, or, in the case of an appeal, the Council shall determine that: (a) Adequate utilities, access roads, drainage and/ or other necessary facilities will be provided. (b) Adequate measures will be taken to provide in- gress and egress so designed as to minimize traffic conges- tion in the public streets. The Commission or in the case of an appeal, the Council shall further determine that the proposed development will not: (a) Be detrimental to or endanger the public health, safety, morals, comfort or general welfare. (b) Be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values permitted in the neighborhood. (c) Impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (5) Review of Preliminary Plan and Decision - The Com- mission shall review the conformity of the proposed development as shown on the Preliminary Plan with the General Standards for Review of Preliminary and Final Plans, the official City Plan, specific requirements of the Planned Districts, and recognized principals of land use planning and civic design. The Commission may approve, approve with conditions or deny the Preliminary Plan. The Commission, or in the case of an appeal, the Council may im- pose conditions which relate to such things as use, buffer zones R1 landscaping, set-backs, the size, type and arrangement of build- ings, the operation of the proposed development, the location and arrangement of parking areas and drives and other factors the Com- mission deems as being essential to the sound development of the area and for the protection of adjacent areas. (6) Content of the Preliminary Plan - The Preliminary Plan for all Planned Districts shall show: (a) The scale and north point. (b) Boundaries of the property to be developed. (c) The relationship of the property to existing and proposed streets. (d) Existing zones in the tract and within 200 feet of the boundaries of the property. (e) Acreage of the property to be included in the Planned District. (f) Existing contours on an interval of not more than five (5' ) feet where ground slope is regular and such information is sufficient for the planning purposes or on an interval of not more than two (21 ) feet where land is Am irregular or there is a need for detailed data. (g) The location and direction of drainage of all water courses and a drainage plan with sufficient informa- tion to indicate the intent of the owner. (h) The names of the owners of the property and the individual or firm responsible for the preparation of the Preliminary Plan. (i) All additional Preliminary Plan information for the specific Planned District as required and described in subsequent sections of this ordinance. (7) Compliance with Subdivision Regulations - In the event the proposed development plan involves the subdivision of land the owner shall follow all applicable procedures, standards and requirements of the Subdivision Code of the City of Jefferson, Missouri. (8) Final Plan - Before a building permit is issued in a Planned District, a Final Plan shall be approved by the Commis- sion. The Final Plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in this State The Final Plan will be approved when it is in accordance with the approved Preliminary Plan and any conditions imposed by the Commission or Council. The approved Final Plan shall be binding upon the owners, their heirs and assigns until such time as the City may release such limitations on the use of the subject property, under the procedures provided herein. (9) Changes in Plans - In the event the Final Plan is not in accordance with the approved Preliminary Plan, the review and decision on the Final Plan shall be accomplished under the procedures as set forth herein for the review and decisions on the original Preliminary Plan. From time to time during the construction the owner may make minor changes to an approved Final Plan, so long as such changes have been approved by the Director or Planning, or upon denial of the Director of Planning, with the approval of the Commission. Any other changes to the approved Final Plan shall be accomplished under the procedures as setforth herein for the approval of the original Preliminary Plan. 22 t (10) Building Permits and Certificate of Occupancy -- No ! building permit or certificate of occupancy shall be issued for ' any building or use that is not in accordance with the approved Final Plan. Ask B. PUD Planned Unit Development District In the Planned Unit Development District, land may be used only under the following conditions: (1) Purpose - It is the purpose of this district to pro vide an opportunity for modern and imaginative architectural de- sign and site arrangement. The Planned Unit Development should be a carefully planned combination of residential, commercial, public and semi-public uses or some of these uses. (2) Permissive Uses - Land and buildings in a Planned Unit Development District may be used for residential uses, for any permissive use in the C-1 District, and any other commercial use which in the opinion of the Commission are ordinarily accepted as shopping center uses. (3) Minimum Area - There is no specific minimum size, however, there should be sufficient area to employ urban design concepts and to provide for design integrity. (4) Review of Preliminary and Final Plans and Decision - The required Preliminary and Final Plans shall be prepared, sub- mitted and reviewed in accordance with the procedures described in Section 9.A. The Commission may approve, approve with condi- tions, or deny approval of the Preliminary Plan. The Commission may impose one or more of the conditions specified in Section 9.A. on the proposed development. in reviewing plans the Commission shall consider all of the standards and factors specified in Sec- tion 9.A. and shall also consider the following factors: (a) Those affecting the community as a whole: Use or uses Intensity of use Traffic (b) Those affecting the neighborhood: Heights Front, side and rear yard definitions and uses where they occur at the development periphery. (c) Those affecting the development itself: Gross commercial building areas Area ratios and the designation of the land sur- face to which they apply. Space between buildings. Open areas, if any. Width of streets in the development, if any. Setbacks from such streets, if any. i Off-street parking and loading standards (d) Those affecting the development procedures: The order in which development will likely pro- ceed in complex multi-use developments. Estimates of time required to complete the devel opment and its various stages, if any. List of street, lighting, parking or other im- provements by the City, which in any way affect the development. (5) Design Standards and Requirements: (a) The building type, minimum lot area, yard, height, and accessory uses shall be determined by the require- ments and procedures set out below, which shall prevail over conflicting requirements of this ordinance or the ordinance governing the subdivision of land. �s (b) The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that minimum yards as required in the C-1 district shall be provided around the boundaries of the area being developed. The Commission may impose conditions re- garding the layout circulation and performance of the pro- posed development and may require that appropriate deed re- strictions be filed enforceable by the City for a period of 20 years from date of filing. (c) The number of dwelling units permitted shall be determined by dividing the net development area by the mini- mum lot area per family required by housing type. The mini- mum lot area required by housing type shall be 6,000 square feet for each single family dwelling, 3, 000 square feet per family for duplexes, and 1,500 square feet per family for multiple dwellings. Net development area shall be determine by subtracting the area set aside for churches, schools, or other non-residential uses from the gross development area and deducting 20% of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted. (6) Preliminary Plan. The Preliminary Plan shall contain all of the information specified in Section 9.A. and in addition, shall: (a) Show the proposed size, location, use and arrange - ment of all buildings except single family dwellings; the proposed arrangement of stalls and number of cars, entrance and exit driveways, and their relationship to existing and proposed street; building lines; easements; common land and open space; and streets, alleys and pedestrian ways. (b) Indicate location, type and size of structures, on adjacent properties within 200 feet of the boundary of the Planned Unit Development. (c) 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. (7) Traffic Analysis. In the case of large or complex developments the Commission may require that a traffic analysis be prepared by a registered professional engineer who is skilled in the science of traffic engineering, indicating the estimated traffic to be generated by the complete development of the pro- ject with said estimates shown for the average week, 24-hour period, and for the peak morning and evening traffic hours. The impact of this new traffic on existing traffic in the vicinity of the project shall be appraised and a list submitted of new street construction or new traffic control measures required, if any, to accommodate the estimated traffic increases. C. MH - Mobile Home Residential District (1) Inhabited Mobile Homes to be in Approved Court - All inhabited mobile homes or trailers shall be located in a mobil home or trailer court which has been approved by the Commission. No mobile home or trailer outside of an approved court shall be connected to utilities except those being offered for sale and not inhabited. (2) Review of Preliminary and Final Plans and Decision - The required Preliminary and Final Plans shall be prepared, sub- mitted and reviewed in accordance with the procedures described in Section 9.A. The Commission may approve, approve with condi- tions, or deny approval of the Preliminary Plan. The Commission may impose one or more of the conditions specified in Section 9.A. on the proposed development. In reviewing plans the Commission shall consider all of the standards and factors specified in Sec- tion 9.A. and shall also determine that the proposed court meets all of the following design standards and requirements: 24 (a) Each lot provided for the occupancy of a single mobile home unit shall have an area of not less than 3,500 square feet, and a width of not less than forty-five (451 ) feet, and no park shall be permitted an average density of trailer lots of more than nine per acre, and each trailer court shall provide an area of not less than ten acres. (b) All courts shall provide lots sufficient in size that no mobile home or trailer or any structure, addition or appurtenance thereto is located less then ten (101 ) feet from the nearest adjacent court boundary. (c) Space between mobile homes or trailers may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten (101 ) feet from the nearest adjacent court boundary. (d) Each site shall abut or face a clear unoccupied space, driveway, roadway, or street of not less than twenty- four (24 ' ) feet in width for a one-way street, and not less than thirty-two (321 ) feet in width for a two-way street, which shall have unobstructed access to a public highway, street or alley. (e) The court shall be surrounded by a landscaped strip of open space fifty (50' ) feet wide along the street frontage of a major street and twenty-five (251 ) feet wide along all other lot lines or street frontage. D. C-4 Planned Commercial District In the C-4 Planned Commercial District land may be used afte the approval of Preliminary and Final Plans, only under the follow- ing conditions: (1) Purpose - There are certain areas in the City where shopping and office centers would contribute to the quality of neighborhoods if the centers are carefully planned, strictly con- trolled and developed in accordance with established criteria. One purpose of the Planned Commercial District is to enable the Commission to review center plans in their preliminary phase, for compliance with design criteria. The Commission and the Council may impose such conditions and restrictions on the proposed devel- opment as may be necessary to insure that the center will be com- patible with, or an enhancement to, prevailing area conditions. Another purpose of this district is to encourage unified develop- ments and to permit flexibility in design. (2) Permissive Uses - Land and buildings in the C-4 Planned Commercial District may be used for any permissive use in the C-1 District and any other commercial use which in the opinion of the Commission are ordinarily accepted as shopping center uses; however, the Commission may further limit uses permitted as a part of the Preliminary Plan Review and Decision. (3) Minimum Area - The tract must, as a minimum, have a width of 200 feet and an area of 43 ,560 square feet. (4) Review of Preliminary and Final Plans and Decision The required Preliminary and Final Plans shall be prepared, sub- mitted and reviewed in accordance with the procedures described in Section 9.A. The Commission may approve, approve with conditions, or deny approval of the Preliminary Plan. The Commission may im- pose one or more of the conditions specified in Section 9.A. on the proposed development. In reviewing plans the Commission shall con- sider all of the standards and factors specified in Section 9.A. (5) Preliminary Plan - The Preliminary Plan shall contain ® all of the information specified in Section 9.A. and, in addition, shall: (a) Show the proposed size, location, use and arrange- ment of buildings, the proposed arrangement of stalls, the number of cars, entrance and exit driveways and their rela- tionship to existing and proposed streets, easements and pro- posed landscaping and buffer zones, if any. (b) Indicate location, type, use and size of struc- tures on adjacent properties within 200 feet of the proposed development. (c) Provide for the dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the Official Master Plan. E. M-3 Planned Industrial District In the M-3 Planned Industrial District land may be used after approval of Preliminary and Final Plans, only under the following conditions: (1) Purpose - There are certain areas in the City where industrial parks developed with limited controls could have ad- verse impacts on traffic flow and adjacent land use. The Planned Industrial District allows the Commission to impose conditions and restrictions which will reduce or eliminate these impacts. Another purpose of this district is to encourage unified develop- ment and to permit flexibility in design. (2) Permissive Uses - Land and buildings in the M-3 Planned Industrial District may be used for any permissive use in the M-1 District; however, the Commission may further limit uses permitted as a part of the Preliminary Plan Review and Decision. (3) Minimum Area - The tract must as a minimum, have a width of 200 feet and an area of 43,560 square feet. (4) Review of Preliminary and Final Plans and Decision - The required Preliminary and Final Plans shall be prepared, sub- mitted and reviewed in accordance with the procedures described in Section 9.A. The Commission may approve, approve with condi- tions, or deny approval of the Preliminary Plan. The Commission may impose one or more of the conditions specified in Section 9.A. on the proposed development. In reviewing plans the Commission shall consider all of the standards and factors specified in Sec- tion 9.A. (5) Preliminary Plan - The Preliminary Plan shall con- tain all of the information specified in Section 9.A. and, in addition, shall: (a) Show the proposed size, location, and arrange- ment of lots, the proposed arrangement of driveways and railroad spurs, and the relationship to existing and pro- AUh streets, easements and proposed landscaping and buffer zones, if any. (b) Indicate location, type, use and size of struc- tures on adjacent properties within 200 feet of the proposed development. (c) Provide for the dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the Official Master Plan. SECTION 10. ADMINISTRATION A. Board of Adjustment (1) The Board of Adjustment is hereby created. Such Board shall consist of five members, who shall be residents. The membership of the first Board appointed shall serve respectively, one for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter members shall be appointed for terms of five years each. Three alternate members may be appointed to serve in the absence of or the disqualifica- tion of the regular members. All members and alternates shall be appointed by the Mayor with the approval of the Council. All mem- bers and alternates shall be removable for cause by the Mayor with Council approval upon written charges having been filed with the Council and after a public hearing has been held regarding these 26 j i I �Icharges, a copy of the charges having been served upon the member Iso charged at least ten days prior to the hearing, either per- 1; sonally, or by certified mail, or by having the same at his usual �Iplace of residence. The member shall be given an opportunity to !1be heard and answer such charges. Vacancies shall be filled by apointment of the Mayor, with the approval of the Council, and (' shall be for tha unexpired term. Alternate members shall be , appointed annually to serve for a period of one year. (2) Four regular and/or alternate members constitute a quorum. Four affirmative votes are required to make a decision on an appeal or application. When only four regular and/or alternate members are present, the applicant may request his appeal or application be continued so as to be heard by five mem- bers and/or alternate members of the Board. When the Board lacks sufficient members for a quorum the business before the Board shall be continued to the Board' s next regular meeting or at an earlier date established by the Chairman. (3) 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 time, as the Board may determine. The Chairman, or in his absence the ( Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at , such meetings. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent lor failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall ' be a public record. All testimony, objections thereto and rulings thereon shall berecorded and minutes shall be taken and maintained by a person employed by the Department of Planning and Code En- forcement. (4) Appeals to the Board may be taken by any person ag- grieved. 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 forth- with transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The Board shall 11fix a reasonable time for the hearing of the appeal, give ten days notice to the parties in interest, and decide the same with- in a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by attorney. AONL (5) Any person, firm, or corporation owning in fee simple real property within the City may file an application with the Board requesting a hearing, variance, exception, conditional use or an intrepretation of this ordinance or of the Zoning Map. The application shall be on a form supplied by the Director of Planning and filed with the Director of Planning. The appli- cation must be signed by all owners of the property and must in- clude: (a) The correct legal description of the property . (b) The current zoning of the property (c) The name, address and phone number of at least one property owner, and (d) A clear description of the request. In all instances where new construction is involved or where yard or parking variances are requested, a site plan, drawn to scale, showing existing and proposed buildings with their dis- tances from property lines shall be attached to the application. Applications or appeals for hearing before the Board must be filed at least eighteen days prior to the public meeting to be held by the Board. All applications or appeals must be accompanie by a check payable to the "City of Jefferson" in the amount estab- lished by the City Council as the Board of Adjustment filing fee. The powers of the Board are: (a) To interpret the ordinance, being: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or deter- mination made by the Director of planning in the enforce- ment of this ordinance. To permit the extension of a district where the boun- dary line of a district divides a lot held in a single owner- ship 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 purposes of the plan, as shown upon the map fixing the several districts accom- panying and made a part of this ordinance where the street layout on the ground varies from the street layouts as shown on the map aforesaid. (b) To permit the following two exceptions: Use of premises for public utility and railroad pur- posesorfor a radio or television tower or broadcasting station. Reconstruction of a nonconforming building that would otherwise be prohibited by Section 10.B. , where such action would not constitute continuation of a monopoly. (c) To permit the following two variations: a Vary the yard regulations where there is an excep- tional or unusual physical condition of a lot, which condi- tion is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this ordinance would prevent a reasonable or sensible arrange - ment of buildings on the lot. Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a build- ing would make unnecessary the parking spaces required by this ordinance, but providing that such reduction not be more than 50% of the usual requirement. (d) To grant conditional use permits: To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this ordinance. Before authorizing the issuance of such a conditional use permit, the Board may impose such condi- tions as will, in the Board' s judgement, insure that: The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, com- fort or general welfare. The conditional use 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 or impair property values with- in the neighborhood. The establishment of the conditional use will not impede the normal and orderly development or im- provement 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 in- gress and egress designed to minimize traffic con- gestion in the public streets. 28 The conditional use shall in all other respects con- form to the 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. Non-Conforming Uses Are Regulated (1) Non-conforming Use of Land. 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 ordinance. During the two year period such nonconforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two year period, or, if such building is so constructed as to permit the issurance of a permit for a use not excluded from the district, such building may remain as a conforming use; there- after, both land and building shall be used only as conforming uses. (2) Non-conforming Use of Buildings. Except as other- wise provided herein, the lawful 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 build- ing may be changed to another nonconforming use of the same of Am or of a more restricted classificaiton. Whenever a nonconforming use has been changed to amore restricted use to to a conforming use, such use shall. not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter ex- tended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this ordinance. (3) Discontinuance of Non-Conforming Uses. No building or portion thereof used in whole or in part for a nonconforming use in any district, which remains idle or unused for a continuous period of sixty (60) days, whether or not the equipment or fix- tures are removed, shall again be used except in conformity with the regulations of the District in which it is located. (4) Destruction of a Non-Conforming Use. No building which has been damaged by any cause whatsoever to the extent of more than 50% of the fair market value of the building immedi- ately prior to damage, shall be restored except in conformity with the regulations of this ordinance, and all rights as a non- conforming use are terminated. If a building is damaged by less than 50% of the fair market value, it may be repaired or recon- structed and used as before the time of damage, provided that such repairs or reconstruction be substantially complete within twelve months of the date of such damage. (5) Conditional Use Not Non-Conforming. Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any altera- tion, enlargement or extension. (6) Intermittent Use. The casual , intermittent, tem- porary, or illegal use of land or buildings shall not be suffi- cient to establish the existence of a nonconforming use and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. (7) Existence of a Non-Conforming Use. Whether a non- conforming use exists shall be a question of fact and shall be decided by the Board of Adjustment after public notice and hear- ing and in accordance with the rules of the Board. 2 9 (8) Non-Conforming Uses Not Validated. A nonconforming use in violation of a provision of the ordinance which this ordin- ance repeals shall not be validated by the adoption of this ordin- ance. Aox C. Site Plan Review (1) For the purpose of assuring good arrangement, appear- ance, function, harmony with surrounding and adjacent uses and the objectives of the Land Use Plan, and compliance with the re- quirements of these regulations, site plans for the following major uses shall be submitted and reviewed in accordance with the requirements and procedures of this Section. (a) Multiple family dwellings containing more than three dwelling units or forming part of a multiple family development of two or more buildings. (b) Townhouses, fourplexes, sixplexes, atrium houses, patio houses or any other similar attached residence. For purpose of this section, atrium house and patio house shall be defined as follows: Atrium House: Dwelling units constructed around an open court or central hall. The atrium may be open to the sky or enclosed in glass. The provisions of this section shall only apply to atrium houses which include three or more dwelling units. Patio House: Dwelling units constructed around an open court with such court generally being Spanish in character. The patio may be open to the sky or enclosed in glass. The provisions of this section shall only apply to patio houses which include three or more dwelling units. (c) Churches, temples, synagogue and other relig- ious facilities. (d) All educational and institutional facilities. (e) All business buildings, commercial buildings, or industrial buildings. (2) General Procedure (a) Site Plan Review for Planned Districts. The site plans for Planned Unit Developments, Mobile Home Parks, and Planned Commercial and Planned Industrial Districts shall be reviewed in accordance with the provisions of Section 9, of this ordinance. (b) Site Plan Review for Conditional Uses. The site plans for conditional uses shall be reviewed by the Board of Adjustment in accordance with the provisions of Sections 10 A. and 10 C (4) of this ordinance. (c) Administrative Site Plan Review. Site plans for uses listed in Section 10 C (1) which are not a part of a Planned District or for which conditional use approval is not required shall be reviewed in accordance with Section 10 C (3) , Procedures of Administrative Site Plan Review. (3) Procedures for Administrative Site Plan Review. This review is to be conducted by City personnel with preliminary and final approval by the Director of Planning. It shall be the responsibility of the Director of Planning to insure careful de- sign and compatibility with neighboring conditions in accordance with the terms of the Zoning Ordinance. The administrative site plan review procedures are as follows: (a) Two copies of the preliminary site plan shall be submitted to the Director of Planning, one copy of which shall be forwarded to the Director of Public Works. Admin- istrative site plan review shall involve both the Planning so , and Code Enforcement Department and the Public Works Depart- ment and shall take place within ten (10) days from the date of submittal of all required information. The applicant is advised to review his site plans , in general or sketch form, with the Planning Staff prior Ask to drafting for official submittal. (b) The officials (or their representatives) shall examine the proposed site plan with respect to the require- ments of the Zoning ordinance, and in relationship to major thoroughfares; traffic and circulation patterns, internal and external; utilities; drainage; community facilities , existing and proposed; surrounding developments , existing or future; consideration of topography; flood plains, and the natural environment; the preservation of trees or his- toric sites; provisions for open space; and in general with the objective of insuring durable , harmonious, and appro- priate use of the land in accord with the objectives of the Comprehensive Plan. Except as specified below, no public hearing shall be required and the plans shall be returned to the applicant as approved, approved subject to condi- tions, or disapproved. (c) If specified conditions are met in revised plans, the Director of Planning may approve issuance of building permits accordingly, and at the same time may approve additional minor changes if such changes do not substantially AM affect the original approval or conditions attached thereto. New (d) If the Director of Planning is of the opinion that a proposed project is of such scale and impact that it should be addressed by a Board or Commission of the City after public hearing, it shall be at the discretion of the Director of Planning, be referred to the Board of Adjustment or the Planning and Zoning Commission. (e) Nothinq in this section shall be interpreted to permit a grant of a variance or exception to the regulations of this ordinance or to abridge the procedures or require- ments of the laws and ordinances governing the subdivision of land. (f) Appeal. In any case where the applicant or other party who has a substantial interest in a proposed project believes that a decision of the Director of Planning or of the Director of Public Works regarding a site plan is in error or not in accord with this ordinance, said appli- cant or party in interest may file an appeal of administrative decision with the Director of Planning, who shall place the matter on the agenda of the Planning and Zoning Commission. The favorable vote of a majority of the Planning and Zoning Commission shall be required to reverse the decision of the Director of Planning. Final appeal shall be to the City Council, and it shall require a majority vote of the City Council to override the Planning and Zoning Commission. (4) Procedure for Approval of Site Plans where Conditional. Ilse Approval is Required. Those uses listed in Section 10.C. (1) for which conditional use approval is required may have site plan review take place con- currently with the consideration of application for conditional use or following conditional use approval, in conformance with the procedures below: (a) Seven (7) copies of a preliminary site plan shall be filed with the Board of Adjustment through the Director of Planning. The Director of Planning shall. forth- with forward the plans to the Board of Adjustment and Directo of Public Works for review. (b) The Board of Aa5ustment shall hold a public hearing and shall review the site plan for compliance with the requirements of this ordinance. The Board may make rea- sonable additional requirements, including, but not limited to, areas of drainage, utilities, landscaping and mainten- ance thereof, lighting, signs, advertising, devices, screen- ing, accessways, curb cuts, traffic control, height of build- ings and setback of buildings. (c) Approval of the Board of Adjustment of a pre- liminary site plan for a conditional use shall be valid for a period of one (1) year. Following approval of the prelimi- nary site plan by the Board, the final plan may be filed and may be approved by the Director of Planning if it com- plies with the specifications and conditions of the Board. Permits shall be issued in accordance with the approved and filed final site plan. (5) Revocation of Permits. No permit shall be issued for any structure in any area covered by a site plan that is required under the provisions of this Section except in conformity to such plan which has been duly approved. Permits issued under an ap- proved site plan may be revoked by the Director of Planning for failure to comply with the approved plans, the conditions attach- ed thereto, or other applicable regulations. (6) Approval and Extension. Approval of a site plan sub- mitted under the provisions of this Section shall expire one (1) year after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one (1) year extension may be given upon written request by the applicant to the Director of Planning made ninety (90) days before the expiration of the approved site plan. The Director of Plan- ning shall acknowledge the request and shall make a decision re- garding the requested extension within 30 days after receipt of the request. (7) Right of Developer to Continue Project. Subject to the time limits and conditions specified, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward com- pletion with reasonable care and diligence and in accordance with the terms of the approval. (8) Requirements for Site Plans, Content and Form. The site plans shall be clearly drawn and shall show the following: (a) The proposed title of the project, owner or Aft owners of the land, and the name of the engineer, architect, designer, or landscape architect, and the developer. (b) The north point, scale and date. (c) Location of the project. (d) Existing zoning and zoning district boundaries (e) The boundaries of the property involved, the general location of all existing easements and property lines, existing streets, buildings, or waterways, major tree masses and other existing features in or adjoining the pro- ject. (f) Uses of adjoining properties and names of owners. (g) The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other under- ground structures, existing and planned, in or near the pro- , ject. (h) Proposed changes in zoning, if any. (i) The general location and character of construc- tion of proposed streets, alleys, driveways, curb cuts, en- trances and exits, loading areas, (including number of park- ing and loading spaces) , outdoor lighting systems, storm drainage and sanitary facilities. 32 (j) The general location of proposed lots, set- back lines, and easements and proposed reservations for parks parkways, playgrounds, school sites and open spaces. (k) Location with respect to each other and lot lines, number of floors and approximate height of all pro- posed buildings and structures, accessory and main, or major excavations. The locations should be drawn to scale but full dimension is not required on the preliminary plan for a large-scale project which is to be accomplished in stages. (1) For residential structures, the number, size, and type of dwelling units. (m) General location, height, and material of all fences, walls, screen planting and landscaping. (n) Proposed location and character of non-residen- tial uses, commercial or industrial uses, accessory or main. (o) General location, character, size and height or orientation of proposed signs. The Director of Planning may establish additional require- ments for preliminary site plans, and in special cases, may waive a particular requirement if, in his opinion, the inclusion of that requirement is not essential to a proper decision on the project. Site plans may be prepared on one or more sheets to show clearly the information required by this article and to facilitate the re- view and approval of the plan. If prepared in more than one sheet, match lines shall indicate where the several sheets join. Each plan sheet shall reserve. a blank space three inches wide and five inches high for the use of the approving authority. D. Enforcement of the Ordinance (1) Director of Planning (a) Duties - It shall be the duty of the Director of Planning to enforce this ordinance. The Director of Planning shall receive applications required by this ordin- ance, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provi- sions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and main- tenance of buildings and structures, except as may be other- wise provided for. 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 enforcing compliance with law, he shall issue such notices or orders as may be necessary. (b) Inspections - Inspections shall be made by the Director of Planning or a duly appointed assistant. (c) Rules - For carrying into effect its provi- sions, the Director of Planning may adopt rules consistent with this ordinance. (d) Records - The Director of Planning shall keep careful and comprehensive records of applications, of per- mits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work for a time period as established by the Direc- tor of Planning but for at least three years. All such re- cords shall be open to public inspection at reasonable hours, but shall not be removable from the office of the Director of Planning. (e) Cooperation of Other Officials - The Director of Planning may request and shall receive, so far as may be �S necessary in the discharge of his duties, the assistance and cooperation of the Director of Public Works in fixing grades, of the Chief of Police in enforcing orders, of the Attorney in prosecuting violations, and or other officials. (2) Permits (aj When Required - It shall not be lawful to con- struct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the Direc- tor of Planning an application in writing and obtaining a formal permit. (b) Form - An application for a permit shall be submitted in such form as the Director of Planning may pre- scribe. Such application shall be made by the owner or les- see, or agent of either, or the architect, engineer, or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee, or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers . Such application shall describe briefly the proposed work and shall give such additional information as may be re- quired by the Director of Planning for an intelligent under- standing 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 drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structure details, as the Director of Planning may require. (d) Plot Diagram - There shall also be filed a plot diagram in a form and size suitable for filing perman- ently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction or, in the case of demolition, of such construction as is to be demolished, and of all existing buildings prepared by, and signed by, a Ah registered surveyor, engineer, or architect. IF (e) Amendments - Nothing in this section shall pro ibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application. (f) Completion of Existing Buildings - Nothing con- tained in this ordinance shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of this ordinance; provided, however, construction under such permit or approval shall have been started within six months and the ground story framework, including structural parts of the second floor, shall have been completed within one year and the entire building completed within two years after the effective date of this ordinance. (g) Action on Application - It shall be the duty of the Director of Planning to examine applications for permits within a reasonable time after filing. If, after examina- tion, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he shall approve such appli- cation and issue a permit for the proposed work as soon as 34 practicable. If his examination reveals otherwise, he will reject such application, noting his findings 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 construed to prevent the Director of Planning 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 adequate plans and detailed statements have been presented for the same and have been found to comply with this ordinance. (i) Condition of the Permit - All work performed under a permit issued by the Director of Planning shall con- form to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approve plot diagram, or an approved amend- ment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plat of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; ' provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement. (j) Signature to Permit - Every permit issued by the Director of Planning under the provisions of this ordin- ance shall have his signature affixed thereto; but this shall not prevent him from authorizing a subordinate to affix such signature. (k) Limitation - A permit under which no work is commenced within one 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 prosecution of the work and until the completion of same. The Director of Planning may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The Director of Planning shall be given at least twelve hours notice of the starting of work under a permit. (m) Revocation - The Director of Planning may re- voke a permit or approval issued under the provisions of this ordinance in case there has been any false statements or mis- representation as to a material fact in the application or plans on which the permit or approval was based. (n) Certificate of Occupancy for a Building - No building shall be occupied before a Certificate of Occupancy has been issued. Certificates of Occupancy for a new build- ing or the reconstruction or alteration of an existing build- ing shall be applied for coincident with the application for a building permit and said certificate shall be issued with- in three days after the request for same shall have been made in writing to the Director of Planning after the erec- tion or alteration of such building or part thereof shall have been completed, in conformity with the provisions of these regulations. Pending the issuance of a regular certi- ficate, a temporary certificate of occupancy may be issued by the Director of Planning for a period not exceeding one year, during the completion of alterations or, during partial occupancy of a building pending its completion. Such tempor- ary certificate shall not be construed as in any way alter- ing the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by this ordin- ance, and such temporary certificate shall not be issued except under such restrictions and provisions as will ade- quately insure the safety of the occupants. S� t i (o) Certificate of Occupancy for Land - Certificate of Occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used, and a Certificate of Occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of these regulations. (p) Content of Certificate of Occupancy - Certifi- cate of Occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Director of Planning and copies shall be furnished, on request, to any person having a pro- prietary or tenancy interest in the building affected. No fee shall be charged for a Certificate of Occupancy. (q) Certificate of Occupancy for Non-conforming Uses - A certificate of occupancy shall be required for all nonconforming uses. Applications for such certificate for nonconforming uses shall be filed within twelve months from the effective date of this ordinance. (r) Excavation Permit - No permit for excavation for any building shall be issued before application has been AM made for Certificate of Occupancy. E. Boundaries of Districts Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map accompanying and made a part of this ordinance, the following rules apply: (1) The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district. (2) Where the district boundaries are not otherwise indi- cated, 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 approximately by lot lines, the lot lines shall be con- Adak strued 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 determined by use of the scale appearing on the map. F. Interpretation In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirements for the pro- motion of the public safety, healty, convenience, comfort, morals, prosperity and general welfare. it is not intended by this ordin- ance to interfere with or abrogate or annul any easements, con- venants or other agreements between parties, except that if this ordinance imposes a greater restriction, this ordinance shall con- trol. G. Amendment of the Ordinance (1) The Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by • ordinance the boundaries of districts or regulations, or restric- tions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within 60 days, it shall be considered to have 3G made a report approving the proposed amendment, :supplement, modi.- fi.cation or change. After the recommendations and report of the Commission have been filed , the Council shall , before enacting any proposed amendment:, supplement, change , modification or re- peal , hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a newspaper within and for the City of Jefferson having a general circulation therein. If the Council does not take final action on a recommendation of the Commission within 120 days after receipt of the Commission' s recommendation , said recommendation shall be deemed denied. (2) Any person, firm, or corporation seeking any change of district boundaries or classification of property as shown on the Zoning District maps, or for regulation amendments, shall petition the Council for such change. The petition shall be on an application form supplied by the City and shall be accompanied by a check payable to the "City of Jefferson" in the amount estab- lished by the Council as the filing fee. The filing fee is to cover the approximate cost of the advertising costs and the rezon- ing procedure. Under no condition shall the fee or any part there- of be refunded for failure of said change to be adopted by the Council. (3) The application for rezoning shall, as a minimum, con- tain the following information; (a) The correct legal. description of the real estate to be rezoned. AdrA (b) The present zoning of the property . (c) The desired zoning of the property. (d) The typewritten names, addresses and phone numbers of all owners and/or their attorney and/or their designated representative. (e) The signatures of all owners and/or their attorney and/or their designated representatives . (f) Designated representative or representatives shall present proper power of attorney signed by all owners and notarized showing authorization to act on behalf of all owners. (g) This provision shall not be construed to per- mit the unauthorized practice of law. Attached to the application shall be a plat showing the real estate to be rezoned. The plat shall be drawn to scale and shall show the dimensions of the property along with sufficient neigh- borhood information to readily identify the property. (4) Five copies of the rezoning application shall. be file with the Department of Planning and Code Enforcement. After check ing the application for completeness and accuracy, the Department of Planning and Code Enforcement shall file one copy of the appli- cation with the City Clerk and place the matter on the agenda of the Commission for their review and recommendation. To be con- sidered by the Commission at their next regular meeting an appli- cation must be received by the dates and time established by the Commission. (5) Before making 'a recommendation to the Council the Cam mission shall review and consider applications for rezoning in an open public meeting. At these meetings both those in favor of and those opposed to the rezoning will be given an opportunity to be heard. The Commission shall transmit their recommendations to the Council in writing. (6) In case of an adverse report by the Commission, or if a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk no later than five days after the public hearing, duly signed and acknowledged by the owners of ten percent or more eithe of the area of the land (exclusive of streets, places or alleys) included within such proposed amendment, supplement, change, mod- fication or repeal , or within an area, determined by lines drawn parallel to and one hundred eighty-five feet distance from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effec- tive except by the favorable vote of three-fourths of all members of the Council. 7 (7) The recommendations and reports of the Commission, made pursuant to Paragraph G, are hereby declared to be final, and not subject to petition or motion for rehearing or reconsideration by the Commission . Successive applications or petitions for any changes referred to in Paragraph G, made by the same person, firm or corporation, or in their behalf, on the same or substantially the same set of facts and circumstances, previously determined by Ash the Commission, shall not be reheard by the Commission except that a new application shall be considered for rehearing at a subsequent meeting and, if approved by a majority vote of the entire Commissi n, then such application shall be reheard at the next regular Commis- sion meeting. The Commission shall rehear successive requests to rezone the same property at any regular meeting if there has been a material change in facts or circumstances . (8) If the developer of a rezoned district shall fail to begin construction to conform to the new district classification within a period of thirty (30) months following the approval of said district by the Council, the rezoning shall be considered as abandoned, unless a request for an extension of time is made by the developer to the Commission, and approved by the Commission. If for any reason the rezoning is abandoned or if construction is terminated after the completion of any stage and there is sufficient evidence that the developer is not contemplated further development, the ordinance establishing said district shall be rescinded by the Council upon recommendation by the Commission. The zoning of the entire district or the portion which remains undeveloped as a district shall be changed to the original or suitable district classification. SECTION 11. DEFINITIONS For the purpose of this ordinance certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and "premises" ; the word "shall" is mandatory and not directory; the words "used" or "occupied" include the word "intended" , "designed" or arranged to be used or occupied" ; the word "lot" includes the words "plot" or "parcel" ; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary. Assessory Building. A subordinate building, the use of which is incidential to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. Assessory Use. A subordinate use which is incidential to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. Agricultural Activity. Agricultural activity, including forests and forest products, harvest and management, dairy farm- ing, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms , animal kennels and fur bearing animal farms, and the harvesting, processing, packagin , packing, shipping, and selling of products produced on the premise ,-. , and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commer- cial feed lots. Alley. A public or private thoroughfare which affords only a secondary means of access to abutting property. Amusement Center. A place in which games including, but not limited to, pinball machines , electronic video games, table games and billiard tables are made available for use by the public. S8 Apartment. A building designed for or occupied exclusively by two or more families residing in separate living units. Apartment, Efficiency. An apartment building where each individual living unit contains not more than 550 square feet. Apartment. Garden. An apartment building located on a lot either singly or together with other similar apartment buildings which are well landscaped and where the total ground floor area of which does not exceed twenty-five percent of the area of the lot. Automobile Service Station. Any land, building, structure, or 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 its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than by a janitor employed on the premises. ARM A FINISH GRADE B BASEMENT: WHEN "A" IS GREATER THAN "B" Board. Means Board of Adjustment established in Section 10. Boardinghouse. A building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons. Building. Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. Building, Height of The vertical distance from the grade to, (a) the highest point of a flat roof, (b) the dock line of a mansard roof, or (c) the average height between eaves and ridge for gable, hip, and gambrel roofs. S� AMBREL H ANSARD H HIP H GABEL H H 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 then one-half of its height below the average grade of the adjoining ground. A FINISH GRADE i 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 t are admitted for. examination and treatment by a group of physicians or dentists practicing medicine together. 40 Common 0 en Space. An open space area within or related to a aeveloped and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may at times contain complementary recreational struc- tures and improvements for the use and enjoyment of residents and owners of the development, as may be approved under a planned-unit or similar plan. Condominium. A development in which individual ownership in fee is restricted to that which is within the walls or desig- nated bounds of a unit, and collective ownership applies to all other land and facilities beyond the individual units. Club. Buildings and facilities owned or operated by a corp- oration, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit and not pri- marily to render a service which is customarily carried on as a business. Conditional Use. A use allowed in a zoning district after a permit is granted by the Board of Adjustment according to pro- visions of Section 9. Commercial Feed Lot. An area of land devoted to raising and feeding of livestock where the operation is not a part of Aft Ip normal agricultural activity. Commission. Means City Planning and Zoning Commission of Jefferson City, Missouri. Council. Means City Council of Jefferson City, Missouri. Court. An open space more than one-half surrounded by buildings. Dav Care Centers, Pre-School Centers, Nursery Schools, Child Play Centers, Child Education Centers, Child Experiment Stations gr Child Development Institutions. A place for reception, care, training or instruction of five or more children, not of common parentage, residing therein, regardless of sex, under the age of eight years, for compensation or otherwise, providing that nothing herein contained shall be construed as applying to the regularly established public or parochial schools, colleges, universities, academies or seminaries. Director of Planning. The Director of the Department of Planning and Code Enforcement of Jefferson City and/or his duly authorized representative. Director of Public Works. The Director of the Department of Public Works of Jefferson City or his duly authorized repre- sentative. 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. Dwelling, Single Family. A building designed for or occu- pied exclusively by one family. Dwelling, Two Family. A building designed for or occupied exclusively by two family. Dwelling, Multiple. A building designed for or occupied ex- clusively by three or more families. Dwelling Unit. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a sing, family as defined herein. 41 i Family. One or more persons related by blood, marriage, or adopt__on, occupying a dwelling unit as an individual house- keeping 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 out- side one of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement 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 highway between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed build- ing or structure, 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 including property more than 400 feet distant on either side of a proposed building or structure. AS 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 private or storage garage, designed or used for equipping, ser- vicing, repairing, hiring, selling, storing, or parking motor- driven vehicles. The term repairing shall not include an automo- tive body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles. Garage, Storage. Any building or premises, used for hous- ing only motor-driven vehicles, other than trucks and commercial vehicles. Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building. Group Home for the Handicapped. A residential facility for the developmentally disabled where meals, lodging, super- vision and training are provided. Handicapped. Any person who has a physical or mental im- pairment which substantially limits one or more major life acti- vities (functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working) ; has a record of such an impairment (has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities) . Non-Ambulatory Disabilities - Impairments that cause individuals to use wheelchairs. Semi-Ambulatory Disabilities - Impairments that cause individuals to walk with difficulty or in- security. Individuals using braces or crutches, amputees, arthritics, and those with pulmonary and cardiac problems may be semi-ambulatory. Sight Disabilities - Total blindness or impair- ments affecting sight to the extent that the in- dividual functioning in public areas is insecure or exposed to danger. 42 t t Hearing Disabilities - Deafness or hearing handi- caps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals. Disabilities of Incoordination - Problematic coor- dination from brain, spinal or peripheral nerve injury. Aging - Those manifestations of the aging processes that significantly affect mobility, flexibility, coordination, and perceptiveness but are not account- ed for in the aforementioned categories. Home Occupation. Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a name- plate, not more than one (11 ) square foot in area, and no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity sold upon the premises except that prepared on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or house- hold purposes. The name-plate sign shall be a non-illuminated sign, shall be attached flat against the building in which a home occupation is being conducted and shall be located within three linear feet of the entrance to the building. A home occu- pation shall not be detrimental or injurious to adjoining property. A home occupation shall never be permitted as a principal use, but only as a secondary use. Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boardinghouse or lodging house as herein defined. Institution. A non-profit establishment for public use. Kennel. An establishment where small animals are boarded for compensation, or where dogs are bred or raised on a commercial basis. Landscaped Area. An area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material. Loading Space. A space within the main building or on the same lot for the standing, loading, or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 14. 5 feet. Lodging or Rooming House. See boardinghouse. Lot. A parcel of land occupied or intended for occupant for a use permitted in this ordinance, including one main build- ing together with its accessory buildings, open spaces and park- ing spaces required by this ordinance, and having its principal frontage upon a road or street. 48 I STREET LOT CORNER CORNER WIDTH LOT LOT INTERIOR v LOT o F-- KEY LOT W Uj THRR KEY LO ac LOT 0 INE INTERIOR INTERIOR LOT CORNER CORNER LOT LOT LOT STREET ~4 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, Double Frontage. A lot having a frontage on two non-intersecting roads, as distinguished from a corner lot. Lot, Interior. A lot other than a corner lot. Lot, Width. The width of a lot at the front yard line. PRINCIPAL The creation of a second BUILDING IM as described by the rhaded area In this dta draw U prohibited. PRRS��E��yyCCCOpNpgqdO BUILOINGL Lot of Record. A lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this ordin- ance. Mobile Home. A transportable structure built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. 44 Mobile Home Court. An area where one or more inhabited mobile homes or tra lers can be or are intended to be parked. Modular Dwelling. A factory-fabricated transportable buil ing unit des gned to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to include major assemblies and does not in- clude prefabricated panels, trusses and other prefabricated sub- elements which are to be incorporated into a structure at the site. Motel, Motor Court, Motor Lodge, or Tourist Court. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading I directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients. Name Plate Sign. A non-illuminated sign, not more than one square foot in area, which is attached flat against the build- ing in which a home occupation is being conducted. Non-Conforming Use. The lawful use of land or a building, or a portion thereof, which use does not conform with the use re- gulations of the district in which it is located. Nursing Home. A home for the aged or infirm in which thre or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensations; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Open Area. That part of a lot not covered by a building or used as a parking area with the exception that an accessory building or parking garage roof area may be counted as open area provided it is no greater than two stories above the street level elevation on which the primary project building or buildings front. Parking Space. A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile not less than nine feet wide and twenty feet long, together with a driveway connect- ing the parking space with a street, road or alley and permitting ingress or egress of that automibile without the necessity of moving any other automobiles. Premises. A lot together with all buildings and structure thereon. Semi-Public. A place in which the services rendered or operations performed are of a public nature although the estab- lishment is not operated or owned by a public agency. Example: Salvation Army, Y.M.C.A. Standard Tree. A standard tree is a tree with a minimum caliper of 2 1 2 inches, 6 to 8 feet high, of a deciduous hard- wood variety normally capable of attaining a 25 foot spread when the tree is 20 years old. Standard Shrub. A standard shrub is any bush or small ievergreen 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 half- way between the street lines. Street Line. A dividing line between a lot and a contig- uous street. 1 4� Structure. Anything constructed or erected with a fixed location n on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and signs. Structural Alteration. Any change except those required by law or or nance, wh c3c would prolong the life of the support- ing members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances. Tourist Home. An establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation. Town House. A building that has one-family dwelling units erected n a row as a single building on adjoining lots, each being 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. See Mobile Home. Trailer or Mobile Home Court. See Mobile Home Court. Yard. An open space, other than a court on a lot, un- occupied and unobstructed from the ground upward, except as other- wise provided i.n this ordinance. STREET (FRONT LOT LINE OR STREET R/w LINE) FRONT YARD (FRONT YARD LINE) _ �(OR BUILDING SETBACK T LINE) I (SIDE YARD LINE) I I I (SIDE YARD LINE I INTERIOR LOT) Q I OI ( O W I I I (REAR YARD LINE) REAR YARD (REAR LOT LINE) Yard Front._ A yard across the full width of the lot ex- tending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimensions of the lot, except that if the lot is square or almostsguare, i.e. , has dimensions in a ratio of from 3:2 to 3: 3, then the front yard may face either street. Yard, Side. A yard between the main building and the side line of the lot, and extending from the front yard to the rear yard line. Yard, Rear. A yard extending the full width of the lot between a principal building and the rear lot line. Yard Width and Depth. The shortest horizontal distance from a lot line to the main building. SECTION 12. INTERPRETATION AND CONFLICT All provisions of Ordinance 8508 and amendments thereto are hereby repealed, as well as all other ordinances or parts AL of ordinances in conflict herewith. 1p 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 land is used in violation of this ordinance or other regulations made under authority con- ferred hereby, the Director or Planning may institute any proper action or proceedings to prevent such unlawful erection, construction, re-construction, alteration, conversion, mainten- ance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business or use in and to such premises. B. The owner or general agent of a building or premises where a violation of any provision of thie 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 vio- lation 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 then two hundred fifty ($250. 00) dollars for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such vio- lation shall continue, or by both said fine and imprisonment at the discretion of the Court. Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall con- tinue to violate any provision 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. 47 SECTION 14. VALIDITY if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Jefferson hereby declares 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 uncon- stitutional. Section 2. WHEN EFFECTIVE This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed L�/ Approved t P esi ent of th Council Mayor ATTEST: V : . Cit erk 48