HomeMy Public PortalAboutORD09598 BILL NU. _179_ As Amended _
INTRODUCED BY COUNCILMAN
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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repealed and a new Chapter 36 is hereby adopted, to read as follow!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
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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
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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
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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.
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(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
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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.
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(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.
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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) .
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(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.
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(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.
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(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.
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(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.
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(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
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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.
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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