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HomeMy Public PortalAboutORD05880 Section 3. All ordinances of parts of ordinances In conflict x M with this ordinance are hereby repealed. I Section 4. This of1dinance shall be in force and affect from and after its passage and approval. ! Passed Sept.15,x+ 1954 Approved 9-22- 1954 Montie Willcoxon Arthur W. Ellis I� I Tr-esident of the Council Mayor 4. Apartment Hotel: An apartment building under resident supervision which maintains an inner ! ZONING ORDINANCE No. 5880 lobby through which all tenants must pass to gain access to the apartments and which may furnish II Jefferson City, Missouri services ordinarily furnished by hotels for the ex- clusive use of its tenants. AN ORDINANCE to regulate and restrict the 5. Apartment House: See Dwelling, Multiple. ! height, number of stories and size of buildings and 6. Basement: A story having other structures, the percentage of lot that may be Y g part but not more occupied, the size of yards, and other open spaces, than one-half (%)as its height below grade. A base- i the density of population, the locations, erections, meat is counted b a story for the purpose li height construction, reconstruction, alteration and use of regulations if subdivided and used for dwelling pur- buildings, structures and land for trade, industry doses other than by a janitor employed on the prem- residence or other purposes; all for the purpose of sea. promoting the health safety,morals or general wel- 7. Boarding House: A building other than a fare of the City of fefferson and for said purposes hotel or restaurant, where, for compensation meals, to divide the City of Jefferson into districts; to pro- with or without lodging, are provided for five (5) i vide for change of the regulations, restrictions, and or more persons. boundaries of such districts; to provide for a Board g, Building: Any structure designed or intended of Adjustment; to provide for enforcement, to pre- for the support, enclosure, shelter or protection intended of scribe penalties for violation of the provisions here- persons, animals, chattels or property. of, and repealing Ordinance No. 3510 approved Sep- tember 16, 1932 and all ordinances amendatory 9. Building, Height of: The vertical distance thereto including Ordinances 3783, 3904, 4225, 4226, from the grade to the highest point of the coping of 4433, 4734, 4748, 4749, 4752, 4758, 4768, 4771, a flat roof or to the deck line of a mansard roof, or i 4772, 4773, 4774, 4780, 4781, 4797, 4802, 4837, 4855, to the mean height level between eaves and ridge 4875, 6009, 5010, 5053, 5034, 5046, 5057, 5058, 5059, for hi and gable, p gambrel roofs. 5060, 5088, 5120, 5120, 5168, 5169, 5229, 5231, 5251, 5266, 5323, 5388, 5435, 6451, 5506, 5516, 5517, and 10. Cellar: A story having more than one-half all ordinances and parts of ordinances in conflict (%) of its height below grade. A cellar is not in- herewith. eluded in computing the number of stories for the i BE IT ORDAINED by the Council of the City purpose of height measurement. of Jefferson, Missouri, as follows: I ARTICLE I ! 11. District: A section or sections of the City of PURPOSE AND TITLE Jefferson for which regulations governing the use of s and Section 101. Purpose. This ordinance has been theb size lof yards,and the�int nsity of se areluni made in accordance with a comprehensive plan and form, is designed to lessen congestion in the streets; to ! secure safety from fire, panic and other dangers; to Dwelling: Any building or portion thereof promote health and the general welfare; to provide whicch h is designed and used exclusively for residential adequate light and air; to prevent the overcrowding Purposes. Of land; to avoid undue concentration of population; 13. Dwelling, Single-Family: A dwelling having and to facilitate the adequate provision of trans- accommodations for or occupied exclusively by not ! portaation,water,sewerage, schools,parks, and other more than one (1) family. public requirements. These regulations have been 14. Dwelling, Two-Family: A dwelling having made with reasonable consideration, among other accommodations for or occupied exclusively by not more than two (2j families. things, to the character of the district, and its pecu- liar suitability for particular uses, and with a view to conserving the value of buildings and encouraging 15. Dwelling, Multiple: A dwelling having ae- the most appropriate use of land throughout the commodations for and occupied exclusively by more !j City of Jefferson. than two (2) families. Section 102. Title. This ordinance shall be I 16. Family: One or more persons occupying a known, referred to and cited as the 1953 Revised premises and living as a single housekeeping unit Zoning Ordinance of the City of Jefferson. as distinguished from a group occupying a boarding it house, lodging house, or hotel as herein defined. ! 17. Filling Stations: Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale, or offering for sale is incidental to ARTICLE II the conduct of a public garage, the premises are DEFINITIONS classified as a public garage. 18. Floor Area: The total number of square feet Section 201. For the purpose of this ordinance, of floor space within the exterior walls of a building, certain terms and words are hereby defined. Words not including space in cellars or basements. used in the prbsent tense shall include the future; 19. Frontage: All the ro ert on one side of a the singular number shall'include the plural and the p, p y plural the singular; the word "building" shall in- street between two intersecting streets (crossing or I clude the word "structure" and the word "shall" is terminating) measured along the line of the street, I mandatory and not directory. or if the street is dead ended, then all of the prop- erty abutting on one side between an intersecting � 1. Accessory Buildings and Uses: A subordinate street and the dead end of the street. building or a portion of the main building,the use of i which is incidental to that of the main building or 20. Garage, Private: An accessory building de- { i to the main use of the premises. An accessory use signed or used for the storage of not more than four is one which is incidental to the main use of the (4) motor-driven vehicles owned and used by the premises. occupants of the building to which it is accessory. 2. Alley: A narrow way designed for the special 21. Garage, Public: A building or portion there- f accommodation of the property it reaches. of, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, 3, Apartment: A room or suite of rooms in a selling or storing motor-driven vehicles. multiple dwelling, or where more than one living { unit is established above non-residential uses in- l2. Garage, Storage: A building or portion tended or designed for use as a residence by a single thereof designed or used exclusively for housh ig family including culinary accommodations. four (4) or more motor-driven vehicles. i 135 t 37. Rooming House: See Lodging House. �( 23. Grade: et For buildings having walls de- 38. Street: All property dedicated or intended �f House- joining one street only, the elevation of the sidr- wnik at the center of the wall adjoining the street. for public or private street, highway, freeway, oi' � (b) For buildings having walls adjoining roadway purposes or subject to public or private more than one street, this average of the easement therefor. elevation of the sidewalk at the center. of 39. Street Centerline: A line midway between all walls adjoining the streets. the right-of-way lines of a street. (c)•For:buildings having no wall adjoining- the 40. Story: That portion of is building, other street, the average level of the finished than a cellar, included between the surface of any surface of the ground adjacent to the ex- floor and the surface of the floor next above it or, if i terior walls of the building. there be no floor above it, then the space between Any wall approximately parallel to and not the floor and the ceiling next above it. more than five (5) feet from a street line is to be 41. Story, Half: A apace under a sloping roof considered as adjoining the street. Where no side- p g walk exists the grade shall be established by the which has the line of intersection of roof decking and City Engineer. wall face not more than three (3) feet above the top floor level, and in which space not more than sixty 24. Home Occupation: Any occupation or acti- (60) per cent of the floor area is finished off for use. vity carried on by a member of the immediate fam- 42. Street Line: A dividing line between a lot fly, residing on the premises, in connection with g which there is used no sign other than a name tract or parcel of land and a contiguous street. plate not more than one (1) square foot in area, 43. Structure: Anything constructed or erected, or no display that will indicate from the exterior the use of which requires permanent location on the that the building is being utilized in part for any ground or attached to something having a perma- purpose other than that of a dwelling, there is no rent location on the ground, including but without commodity sold upon the premises, except that which limiting the generality of the foregoing, advertis- is prepared on the premises, no person is employed ing signs, billboards, back stops for tennis courts, other than a member of the immediate family re- and pergolas. i siding on the premises; and no mechanical equip- 44. Structural Alterations: An change in the ment is used except of a type that is similar in char- Y g after to that normally used for purely domestic supporting members of a building, such as bearing j or household purposes. walls or partitions, columns, beams or girders, or Home occupation shall include the use of prein- any complete rebuilding of the roof or the exterior ices by a physician, surgeon, dentist, lawyer, archi- walls. tect, engineer or other professional person for coin- 45. Tourist Home: A building in which not to 1 sultation or emergency treatment, but not for the exceed twenty (20) rooms are rented to transients. general practice of his profession. 46. Trailer: Any structure used for living, ! 25. Hotel: A building used as an abiding place sleeping, business or storage purposes, having no of more than twenty (20) persons who are lodged foundation other than wheels, blocks, skids, jacks, with or without meals for compensation. horses or skirtings and which has been, or reason- 26. Institution: A building occupied by a non- ably may be, equipped with wheels or other devices ` profit corporation or a non-profit establishment for transporting the structure from place to place, whether by motive power or other means. The term for public use. "trailer" shall include camp car and ]rouse car. For f 27. Loading Space: A permanently maintained the purposes of this ordinance a trailer is a single- t space on the same lot as the main building accessible fancily dwelling and shall conform to all regulations to a street or alley and not less than ten (10) feet therefor, except when located in a trailer or tourist in width, twenty (20) feet in length, and nine (9) camp as provided lierein. feet in height,for the loading or unloading of goods, 47. Yard: An open space on the same lot with a wares, and merchandise. building, unoccupied and unobstructed by any por- 28. Lodging House: A building or place where tion of a structure from the ground upward, except lodging is provided (or which is equipped to pro- as otherwise provided herein. In measuring a yard vide lodging regularly by prearrangement for defi- for the purpose of determining the width of a side nite periods, for compensation, for five (5) or more yard, the depth of a front yard or the depth of a persons in contradistinction to hotels open to trans- rear yard, the horizontal distance between the lot ients. line and the main building shall be used. 29. Lot: A parcel of land occupied or intended 48• Yard, Front: A yard extending across the for occupancy by a use permitted in this ordinance, front of a lot between the side yard lines, and being i including one (1) main building together with its the minimum horizontal distance between the street accessory buildings, the open spaces and parking line and the main building or any projections there- spaces required by this ordinance, and having its of other than the projection of the usual steps,unen- i principal frontage upon a street or upon an officially closed balconies, or open porch. approved place. 49. Yard, Rear: A yard extending across the 30. Lot, Corner: A lot abutting upon two (2) oi• rear of a lot, measured between the side lot lines, more streets at their intersection. and being the minimum horizontal distance between f the rear lot line and the rear of the main building 31. Lot, Depth of: The mean horizontal distance or any projections other than steps, unenclosed between the front and rear lot lines. balconies or unenclosed porches. On corner lots the 32. Lot, Double Frontage: A lot having a front- rear yard shall be considered as parallel to the age on two (2) non-intersecting streets, as distin- street upon which the lot has its least dimension. guished from a corner lot. On both corner lots and interior lots the rear yard 33. Lot of Record: A lot which is part of a sub- shall in all cases be at the opposite end of the lot division, the map of which has been recorded in the from the front yard. office of the County Recorder of Cole County; or a 50. Yard, Side: A yard between the main build- parcel of land, the deed to which was recorded in ing and the side line of the lot, and extending from the office of the County Recorder of Cole County lot line to the rear yard line. prior to the adoption of this ordinance. 34. Non-Conforming Use: Any building or land ARTICLE III lawfully occupied by a use at the time of passage of this ordinance or amendment thereto, which does DISTRICTS AND BOUNDARIES THEREOF not conform after the passage of this ordinance or amendment thereto with the use regulations of the Section 301. In order to regulate and restrict district in which it is situated. the height, number of stories, and size of buildings and other structures, the percentage of lot that may 34a. Office Building: A building designed for or be occupied, the size of the yards, courts, and other used as the offices of professional, commercial, in- open spaces, the density of population,and the loca- dustrial, religious, institutional, public or semi-pub- tion and use of buildings, structures, and land for lic persons or organizations, provided no goods, trade, industry, residence, or other purposes, the wares or merchandise shall be prepared or sold on City of Jefferson, Missouri, is hereby divided into any premises except that a portion of an office build- districts of which there shall be twelve (12) in ing may be occupied and used as a drug store, bar- number, known as: ber shop, cosmetologists shop, cigar stand or news stand, when such uses are located entirely within "AA" Single-Family Dwelling District the building with no entrance from the street nor "A-1" Single-Family Dwelling District visible from any sidewalk, and having no sign or "A-2" Single-Family Dwelling District sating rthe visible from a the of such use. the building indi- "C" Multiple Two-Family Dwelling Dwelling "D" ]]Multiple Dwelling District 35. Parking Space: A surfaced area, enclosed or "E" Local Commercial District unenclosed, sufficient in size to store one (1) auto- "F" Highway Commercial District mobile, together with a surfaced driveway connect- "G" Commerical District ing the parking space with a street or alley and per- "H" Business District mitting ingress and egress of an automobile. "I" Light Industrial District 36. Place: An open unoccupied space other than "J" Heavy Industrial District a street or alley permanently reserved as the prin- cipal means of access to abutting property. f� 111 ''A1 Ir ....Section .3027"Thh; boundaries of the -districts 11. Hospitals and Institutions of an educational, are shown upon the map which in attached hereto religious, charitable philanthropic nature and made a part of this ordinance which map Is provided, however, that such buildings shall designated as the "District Map". The district map not be located upon sites containing an area and all the notations, references and other Informa. of loss than five (6) acres, may occupy not p tion shown thereon are a part of this ordinance and over ton arcent (10%) of the total area of 9 have the same force and effect as if the district map the lot that the buildings shall be set back and all the notations, references and other informa- from all yard lines a distance of not less than tion shown thereon were all fully set forth or de- two (2) feet for each foot of building height. scribed herein, 12. Accessory buildings and uses customarily Section 303. Whenever any street, alley, or incident to any of the above uses, includ- other public way is vacated by official action of the ing bulletin boards and signs not exceeding City Council of the City of Jefferson,the zoning die- twelve (12) square feet in area appertaining - trict adjoining each side of such street,alley,or pub- to the lease, hire, or sale of a building of lie way shall be automatically extended to the center premises or to any material that is mined, of such vacation, and all area included in the vaca- manufactured, grown, or treated within the tion shall then and henceforth be subject to all up- district; provided, however, that such signs proprinte regulations of the extended districts. shall be located upon or immediately ad- jacent to the building or in the area in which such materials are treated, processed, Section 304. All territory which may hereafter I or stored. come within the city limits by virtue of annexations Section 403. Height Regulations: No build- to-the'City of Jefferson shall.be immediately placed and:'Continued-in the "AA" Single-Family Dwelling ing shall exceed two and one-half (2%) stories not District until otheiwise changed by ordinance. shall it exceed thirty-five, (35) feet in height ex- Section 305. Except as hereinafter provided: cept as provided-id Articles XVII and XVIII hereof. 1. No building shall be erected, converted, en- Section '404. Area Regulations: larged, reconstructed or structurally altered, 1. F I rofit I Yard nor shall any building or land be used ex- cept for a purpose permitted in the district Ja) There shall be'a front Yard having a in which the building or land is located. depth of not less than twenty-five '(25) feet 2. No building shall be erected, converted, en- except'as provided in Article XVIII hereof. larged, reconstructed or structurally altered, (b) Where lots have double-frontage, the to exceed the height limit or the floor area required front yard shall be provided on both limit herein established for the district in streets. which the building is located. (c) Where a lot is located at the intersection 3. No building shall be erected, converted, en- of two or more streets, there shall be a front larged, reconstructed or structurally altered Yard on each street side of a corner lot; except in conformity with the area and park- provided, however, that the buildable width ing regulations of the district in which the of a lot of record at the time of the passage of this ordinance need not be reduced to building is located. less than thirty-five (35) feet, except where 4. The minimum yards and other open spaces, necessary to provide a yard along the side including lot area per family, required by street with a depth of not less than five (5) this ordinance for each and every building feet. No accessory building shall project existing at the time of passage of this ordi- beyond the front yard line on either street. nance or for any building hereafter erected shall not be encroached upon or considered as i 2. Side Yard yard or open space requirements for any (a) Except as hereinafter provided in the other building, nor shall any lot area be re- following paragraph and in Article XVIII, duced beyond the district requirements of there shall be a side yard of not less than this ordinance. fifteen (15) feet on each side of a building. 5. Every building hereafter erected or struc- (b) Wherever a lot of record existing at the turally altered shall be located on a lot as time of the passage of this ordinance has a herein defined and in no case shall there be width of one hundred (100) feet or less, the more than one (1) main building on one (1) side yard may be reduced to a width of not lot except as otherwise provided herein in less than ten (10) percent of the width of the Articles XVII and XVIII. No new lot may be lot, but in no instance shall it be less than created by a subdivision of a previously three (3) feet. existing lot in such a manner that the new 3. Rear Yard lot has its sole frontage on an alley. Except as hereinafter provided in Article ARTICLE TV XVIII, there shall be a rear yard having a depth of not less than forty (40) feet or twenty 11AA1' Single-Family Dwelling District Regulations- (20) percent of the depth of a lot of record at Section 401. The regulations set forth in this the time of the passage of this ordinance,which- Article or set forth elsewhere in this ordinance,when ever amount is smaller. referred to in this Article, are the district regula- 4. Intensity of Use tions in the "AA" Single-Family Dwelling District. Every lot or tract of land shall have an Section 402. Use Regulations: A building or area of not less than twenty thousand (20,000) premises shall be used only for the following pur- square feet and an average width of not less poses: than one hundred (100) feet, except that if a 1. Farming, truck gardening and nurseries. lot or tract has less area or width than herein 2. Mininv and extraction of minerals or raw required and its boundary lines along their materials. entire length touched lands under other owner- ship on the effective date of this ordinance and 3. Manufacturing, processing, treating and have not since changed, such parcel of land storing of materials or minerals, which are may be used for a single-family dwelling; pro- extracted from any portion of the district. vided, however, that a single-family home may owned or operated properties. be erected on any lot of record recorded pr 4. Publicly own pri or 5. Parks,playgrounds, golf courses,and recrea to January 1, 19530 and having an area of five tional uses. thousand (5,000) square feet or more. o. Railroad tracks and yards and similar rail- ARTICLE V road facilities. "A-1" Single-Family Dwelling District Regulations 7. Single-family dwellings. 8. Churches and other places of worship, but Section 501. The regulations set forth in this an church that is on a new site shall Article or set forth elsewhere in this ordinance when vide off-street parking space upon the pro-oi referred to in this Article, are the district regula- or within two hundred (200) feet there. tions in the "A-1" Single-Family Dwelling District, of, which space is adequate to accommodate Section 502. Use Regulations- A building or one (1) car for every ten (10) persons for premises shall be used only for the following pur- in the main audi- which seating is provided poses. torlum of the church exclusive of the seating capacity of Sunday School and other ape ial 1. Single-family dwellings. rooms. 2. Parks, playgrounds, and community build- 9. Public elementary and high schools, or pri- Ings owned or operated by a public agency. vate schools with a curriculum the same as 3. Public libraries. ordinarily given in public elementary and 4. Public schools, elementary and high, or I- high schools. vate schools having a curriculum equivalent 10, Cemeteries, including mausoleums; provided to a public elementary school or public high that mausoleums shall be distant at least school. two hundred (200) feet from every street line and adjoining lot lines, and provided further that any new cemetery acres an area of twenty (20) acres or more. 43 5, Churches and other places of worahip but Section 602. Use Regulations: The use regu- i Ch church that is on a new site sh"F1 but lations are the same as those in the "A-1" Single- vide off-street narking space upon the lot Family Dwelling District. or within two hundred (200) feet thereof, Section 603. Height Regulations: No build- which space Is adequate to accommodate shall exceed two and one-half (2%) stories nor one (1) car for every ten (10) persons for shall it exceed thirty-five (35) feet in height, ex- which seating is provided in the main audi- cept as provided in Articles XVII and XVIII hereof. torium of the church exclusive of the seat- ing capacity of Sunday School and other special rooms. Section 604. Area Regulations: 6. Golf courses, except miniature courses and 1. Front Yard j driving tees. (a) There shall be a front yard having a depth of not less than twenty-five (25) feet 7. Accessory buildings and accessory uses, cus- except as hereinafter provided in Article tomarily incident to the above uses (not in- XVIII. volving the conduct of a business) including (b) Where lots have a double frontage, the o private garage, home occupations, the use required front yard shall be provided on j ! of a lot or portion thereof for a vegetable or both streets. Hower garden, and the keeping of small animals and fowl, but not on a commercial (c) Where a lot is located at the intersec- basis. Any accessory building that is not tion of two or more streets, there shall be a part of the main structure shall be located a front yard on each street side of a corner not less than sixty (60) feet from the front lot, except that the buildable width of such lot line. Accesory uses shall also include lot shall not be reduced to less than twenty- church or public building bulletin boards eight (28) feet. No accessory building shall and temporary signs appertaining to the project beyond the front yard line on either lease, hire or sale of a building or premises, street. j not exceeding twelve (12) square feet in L. Side Yard area. j Section 503. Height Regulations: No building (a) Except as hereinafter provided in the j shall exceed two and one-half (2%) stories nor shall following paragraph and in Article XVIII, it exceed thirty-five (35) feet in height except as there shall be a side yard on each side of provided in•Articles XVII and XVIII hereof. a building, having a width of not less than five (5) feet. Section 504. Area Regulations (b) Whenever a lot of record existing at the time of the passage of this ordinance has a 1. Front Yard width of less than fifty (50) feet, the side j ( }laving a yard on each side of a building may be re- a) There shall be a front yard depth of not less than twenty-five (25) feet duced to a width of not less than ten (10) except as provided in Article XVIII hereof. percent of the width of the lot, but in no j p instance shall it be less than three (3) feet. y (b) Where lots have a double frontage, the f required front yard shall be provided on 3. .Rear Yard both streets. (c)Where a lot is located at the intersection Except as hereinafter provided in Article of two or more streets there shall be a front XVIII hereof, there shall be a rear yard hav- 1 ing a depth of yard on each street side of a corner lot; not-less than twenty-five, (25) provided however, that the buildable width feet or twenty (20) percent of the depth of the t of a lot of record at the time of the passage lot, whichever amount is smaller. j of this ordinance need not be reduced to less 4. Intensity of Use: than thirty (30) feet,except where necessary Every lot shall have an area of not less than to provide a yard along the side street with six thousand (6,000) square feet and an aver- a depth of not less than five (5) feet. No age width of not less than fifty (50) feet, ex- accessory buildings shall project beyond cept that if a lot has less area or width than the front yard line on either street and herein required, and its boundary lines along the front yard line shall be separately court their entire length touched lands under other puted for accessory buildings except that ownership on the effective date of this ordi- the buildable width for accessory buildings nance and have not since been changed, such shall not be reduced to less than twenty-two parcel of land may be used for a single-family (22) feet. dwelling; provided, however, that a single- 2. Side Yard family dwelling may be erected on a lot of rec- (a) Except as hereinafter provided in the ord recorded prior to January 1, 1953, and hav- I following paragraph and in Article XVIII, ing an area of five thousand (5,000) square feet j there shall be a side yard on each side of or more. a building, having a width of not less than ten (10) feet. ARTICLE VII (b) Wherever a lot of record existing at the "B" Two-Family Dwelling District Regulations time of the passage of the ordinance has a width of one hundred (100) feet or less, the Section 701. The regulations set forth in this side yard on each side of a building may be Article, or set forth elsewhere in this ordinance reduced to a width of not less than ten (10) when referred to in this Article, are the "B" Two- percent of the width of the lot, but in'no Family Dwelling District Regulations. instance shall it be less than three (3) feet. Section 702. Use Regulations: A building or 3. Rear Yard premises shall be used only for the following pur- Except as hereinafter provided in Article poses: XVIII, there shall be a rear yard having a 1. Any use permitted in the "A-1" Single-Fam- depth of not less than thirty (30) feet or twenty fly Dwelling District. (20) percent of the depth of the lot, whichever 2. Two-Family Dwellings. amount is smaller. 3. Accessory buildings and accessory uses, cus- tomarily incident to the above uses (not in- I 4. Intensity of Use volving the conduct of a business) including fEvery lot or tract of land shall have an area a private garage, home occupations, the of not less than.ten thousand (10,000) square use of a lot or portion thereof for a vege- feet and an avdrage width of not less than table or flower garden, and the keeping of seventy (70) feet, except that if a lot or tract small animals and fowl, but not on a com- has less area or width than herein required mercial basis. Any accessory building that and its boundary lines along1heir entire length is not part of the main structure shall be touched lands under other ownership on the ef- located not less than sixty (60) feet from the fective date of this ordinance and have not front lot line.Accessory uses shall also include since been changed, such parcel of land may church or public building bulletin boards and j temporary signs appertaining to the lease, be•used for a single-family dwelling; provided, hire or sale of a building or premises, not however, that a single-family home may be exceeding twelve (12) square feet in area. built on any lot of record recorded prior to Jan- Section 703. Parking Regulations: Whenever uary 1,1953,and having an area of five thousand a structure is erected, converted, or structurally al- (5,000) square feet or more. tered for a two-family dwelling, one (1) parking apace shall be provided and maintained on the lot for ARTICLE VI each dwelling unit in the structure. "A-2" Single-Family Dwelling District Regulations 14 Section 601. The regulations set forth in this Article or set forth elsewhere in this ordinance • when referred to in this Article, are the district r sulat ons in the "A-2" Single-Family Dwelling i� A lot oil which there In erected a sin. gle- Section 704. Height Re iallmlily dwelling shall contain an area of not Regulations: No building shall exceed two and one-half (2%) stories nor shall less than five thousand (5,000) square feet. It exceed thirty-five (35) feet in height, except as lb) A lot on which there Is erected a two. provided In Articles X a VII and XVIII hereof. family dwelling shall contain an area of not Section 705. Area Regulations: less than two thousand five hundred (2,500) .square feet per family. 1. Front Yard: The front yard regulations are (c) A lot on which there is erected a multi. the same as those in the "A-2" Single-Fam- ple dwelling shall contain an area o4 not fly Dwelling District. less than five thousand (5,000) square feet 2. Side Yard: The side yard regulations are the same as those Ose In the "A-21' Single- Family Dwelling District. or one thousand five hundred (1,500) square feet per family, whichever Is the larger, ex- 3. Rear Yard: The rear yard regulations are cept that this regulation shall not apply to the same as those in the "A.2" Single-Fam- dormitories, or rooming and lodging houses ily Dwelling District. where no cooking to done In individual rooms 4. Intensity of Use: Except as hereinafter pro- or apartments, vided, all dwellings' hereafter erected, en- larged, relocated, or reconstructed, shall be (d) Where a lot of record has less area than herein required and was of record at the located upon lots containing the following time of the passage of this ordinance, that areas: lot may be used only for single-family dwell. (a) A lot on which there is erected a single- Ing purposes, or for any other non-dwelling family dwelling shall contain an area of not use permitted in this Article. less than five thousand (5,000) square feet. (b) A lot on which there is erected a two- ARTICLE IX family dwelling shall contain an area of not less-than twenty-five hundred (2,500) square "D11 MULTIPLE DWELLING DISTRICT feet per family. (c) Where a lot or tract has less area than Section 901. The regulations set forth in this Article,or set forth elsewhere in this ordinance when herein required and its boundary lines along their entire length touched lands under other referred to in this Article, are the regulations in the ownership on the effective date of this ordi- "D" Multiple Dwelling District. nance and have not since been changed, Section 902. Use Regulations: A building or such parcel of land may be used for a single- premises shall be used Only for the following pur family dwelling. poses: I. Any use permitted in the "C', Multiple ARTICLE V111 Dwelling District. "C" Multiple Dwelling District Regulations 2. Apartment Hotels, Section 801. The regulations set forth in this 3. Offices. Article or set forth elsewhere in this ordinance when Section 903. Parking Regulations: Where a referred to in this Article, are the district regula- lot is occupied by a multiple dwelling or an apart- tions in the "C" Multiple Dwelling District. ment hotel, there shall be provided accessible park- Section 802. Use Regulations: A building or ing space on the lot adequate to accommodate one premises shall be used 'only for the following pur- (1) car for each two (2) dwelling units provided in poses: the main building. Office buildings shall provide one 1. Any use permitted in the "B" Two-Family off-street parking space on the lot or within three Dwelling District. hundred (300) feet thereof for each one thousand 2. Multiple Dwellings. two hundred (1,200) feet of floor space in the build- ing exclusive of a basement. 3. Boarding and lodging houses. 4. Non-profit religious, educational,and philan- Section 904. Height Regulations: A building may be erected to a height of three (3) stories or thropic institutions, but not penal or men- tal treatment institutions. forty-five (45) feet, or may be erected to a greater 15. Non-pr.ofit hospitals, but not animal hospi- height provided that the total floor area not exceed tals, animal clinics or mental hospitals. the area of the lot. Section 905. Area Regulations: -6. Private clubs, fraternities, sororities, and 1. Front Yard: The front yard regulations are lodges, excepting those the chief activity'of the same as those in the"A-211 Single-Family which is a service, customarily carried on Dwelling District. as a business. 2. Side Yard: There shall be a side yard on 7. Accessory buildings and uses customarily both sides of a building; for buildings not incident to any of the above uses, including exceeding two and one-half (2-1/2) stories, storage garages, where the lot is occupied the width of such yards shall not be less than by a multiple dwelling, hospital or institu- five (5) feet on each side of the building; foi- tional building. If a storage garage is not buildings three (3) stories in height, the a part of the main building,it shall be locat- width.of such yards shall not be less than ed not less than sixty (60) feet from the seven •and one'-half (7-1/2) feet,. and for front street line. buildings exceeding three (3) stories in Section 803. Parking Regulations. Where a height, an additional two and one-half (2- lot is occupied by a two-family or multiple dwelling, 1/2) feet shall be added to the required side there shall be provided accessible parking space on yard for each story in.excess of.tbree (3). the lot adequate to accommodate one (1) car for 3. Rear Yard: The rear and regulations are every dwelling unit provided in the main building. thd same as those in the"A-2"Single-Faintly Section 804. Height Regulations: No build- Dwelling District. Ing shall exceed three (3) stories or forty-five (45) 4.. Intensity of Use: Except as hereinafter feet in height, at the required front, side and rear provided, all dwellings hereafter erected, en- yard lines, except as provided in Articles XVII and larged, relocated, or reconstructed shall be XVIII hereof. located upon lots containing the following 'Section 805. Area Regulations areas: 1. Front Yard: The front yard regulations are (a) A lot on which there is erected a single- the same as those in the "A-2" Two-Family family dwelling shall contain an area of not Dwelling District. less than four thousand (4,000) square feet. A lot on which there is erected a two- 2. Side Yard: b two- family dwelling shall contain an area of not (a) The side yard regulations for buildings less than two thousand (2p000) square feet ij not exceeding two and one-half (2%) stories per family. in height are the same as those in the "A-2" (c) A lot on which there is erected a multi- Single-Family Dwelling District. ple dwelling shall contain an area of not less (b) There shall be a side yard which shall than four thousand (4,000) square feet or have a width of not less than ten (10) feet seven hundred and fifty (750) square feet on each side of a three (3) story building. per family, whichever Is the larger, except that this regulation shall not apply to dormi- 3. Rear'Yard: The rear yard regulations are tories, or rooming and lodging houses where the same as those in the"A-211 Single-Family no cooking is done in individual rooms or Dwelling District. apartments. 4. intensity of Use: Except as hereinafter pro- (d) Where a lot of record has less area than vided all dwellings hereafter erected, en- herein required and was of record at the it largea, relocated or reconstructed shall be time of the Passage Of this ordinance, that located upon lots containing the following lot may be used only for single-family dwell- " areas: Ing purposes, or for any other non-dwelling use Permitted in this Article. 4:39 - Section 1005. Area Regulations: ARTICLE X 1. Front Yard: The front yard regulations "E" Local Commercial District Regulations are the same as those In the "A-2'f Single- Family Dwelling Districts, except that on Section 1001. The regulations set forth in this the side-street side of a corner lot the front Article, or set forth elsewhere in this ordinance, yard need not exceed ton (10) feet in depth, when referred to in this Article are the regulations in the E Local Commercial histrict. 2. Side Yard: The side yard regulations for dwellings are the same as those in the 11C11 i Section 1002. Use Regulations: A building or Multiple Dwelling District. Where a lot is premises shall be used only for the following pur- used for any of the commercial purposes per- poses: mitted in this district, a side yard is not re- 1. Any use permitted in the"D"Multiple Dwell- quired except on the side of a lot abutting on ing District. a dwelling district, in which case there shall 2. Medical and dental clinics. be a side yard of not less than five (5) feet. 3. Banks. :3. Rear Yard: The rear yard regulations for dwellings are the same as in the A-2 4. Receiving store for dry or steam cleaning, Single-Family Dwelling District. In all other which cleaning shall be done elsewhere. cases a rear yard is not required except 5. Barber shop, beauty parlor, chiropody, mas- where a lot abuts upon a dwelling district, sage or similar personal service shops. in which case there shall be a rear yard of not less than twenty (20) feet in depth. 6. Business or commercial schools or dancing 4. Intensity of Use: When a lot is improved or music academies, with a single-family dwelling, two-family 7. Filling stations. dwelling, or a multiple dwelling, or when 8. Hospitals and clinics for small animals, but living facilities are erected above other uses, not open kennels, the intensity of use regulations are the same as those required in the "C" Multiple Dwell- I :). Laundry or launderette, employing not more ing District. than five (5) persons on the premises at any ARTICLE XI one time. "F" Highway Commercial District Regulations 10. Messenger and telegraph service stations. 11. Offices. Section 1101. The regulations set forth in this Article or set forth elsewhere in this ordinance 12. Restaurants. when referred to in this Article, are regulations in 13. Custom dressmaking, millinery, tailoring, the "F" Highway Commercial District. shoe repairing, household utility articles or Section 1102. Use Regulations: A building similar trade, employing not more than five or premises shall be used only for the following (5) persons on the premises at any one time, purposes: 14. Store or shop for the conduct of a retail 1. Any use permitted in the"E"Local Commer- business subject to the following limitations: cial District. in a retail store where bakery goods, confec- tions, delicatessen or other food products are 2. Advertising signs and billboards. sold, all food that is prepared upon the 3. Garages. premises shall be sold at retail thereon, and provided further that there shall be no Laundries 4. and dyeing and cleaning estab- slaughtering of animals or poultry upon the nts. premises. 5. Bakeries, 15. Undertaking establishments. 6. Creameries. 16. Photographer. 7. Bottling works. 17. Bicycle sales and repair shop. 8. Motor truck terminals. 18. Shop for the repair of electrical and radio 9. Lumber and coal yards. employing n equipment of more thanlfivea(5 commodities a sons on 10. Contractor's offices and storage yards. the premises at any one time.and not involv- 11. Contractor's and agricultural equipment, ing the conduct of any manufacturing on the sales and repair. premises. 12. Wood fabrication plants. 19. Key shops. .20. Hotels and tourist homes. Section 1103. Parking Regulations: 21. Nurseries and greenhouses. 1. For dwelling the parking regulations shall 22. Parking lots. be the same as those in the "C" Multiple 23. Accessory buildings and uses customarily Dwelling District. incident to the above uses, including park- 2. Any building that is erected, converted or ing lots and including signs or bulletin structurally altered for a commercial or in- boards not exceeding one (1) square foot in dustrial use shall provide on the lot one park- area for each two (2) linear feet of street ing space for each two hundred (20u) square frontage, relating only to services, articles feet of floor space in the building; provided, and products offered within the building to however, that this shall not include storage which the sign is attached, and when at- space. tached to a building and extending not more than one .(1) foot from the front of tbv Section 1104. Height Regulations: No build- building. ing shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet, except as otherwise pro- vided in Articles XV1I and XVIII. Any building..used primarily for any of the Section 1105. Area Regulations: above enumerated purposes may have not more than forty (40) percent of the floor area devoted to stor- I. Front Yard: The front yard regulations age purposes incidental to such primary use. shall be the same as in the "A-2" Single- Section 1003. Parking Regulations: Family Dwelling District. 1. The parking regulations for dwellings are L. Side ellings are the same yard s thoseuIntthe "C" the same as those in the C Multiple Dwell- ing District. Multiple Dwelling District. Where a lot is 2. Where any structure is erected,reconstructed used for any of the commercial purposes or converted for any of the business purposes permitted in this district a side yard is not permitted in this Article parking spaces required except on the side of a lot abutting shall be provided in the ratio of not less than on a dwelling district, in which case there one (1) parking space for each six hundred shall be a side yard of not less than five (5) (600) square feet or fraction thereof of floor feet. �! space in the building which is used for com- :1. Rear Yard: There shall be a rear yard hav- merc:al purposes. Such parking space may be ing a depth of not less than twenty-five (25) located on the same lot as the building or on feet. an area within three hundred (300) feet of 1. Intensit o the building. Two or more owners of build- :roved with a se: Every lot that is im- ings may join together in providing this 1 g shall provide a lot parking space, area of not less than five thousand (5,000) Section 1004. Height Regulations No build- square feet per family. ing shall exceed two and one-half (2.1/2) stories nor shall it exceed forty (40) feet in height, except as otherwise provided in Articles XVII and XVIII. 440 ARTICLE, XII rear yard is not required except where a lot abuts upon a dwelling district, in which "W1 Commercial District Regulations ease there shall be a rear yard of not less than twenty (20) feet In depth for a two- 11 1 Section 1201. The regulations sot forth in this story building and thirty (30) feet in depth Article,or set forth elsewhere in this ordinance when for a three-story building. referred to in this Article, are the regulations in the IlGll Commercial District. 4. Intensity of Use: When a lot is improved with a single-family dwelling, two-family Section 1202. Use Regulations, A building or dwelling, or a multiple dwelling, or when premises shall be used only for the following pur- living quarters are erected above other poses: uses, the intensity of use regulations are 4...Any use permitted in the "Ell Local Coni- the same as those required in the "D" Multi- mercial District. ple Dwelling District. 2. Bakery whose products are sold only on the premises. ARTICLE XIII 3. Dyeing''and cleaning works. "1111 Business District Regulations 4. Printing shops. Section 1301. The regulations set forth in this 5. Sales or showrooms. Article, or set forth elsewhere in this ordinance .6. Laundries. when referred to in this Article, are the district Laun'derettes. regulations of the "1111 Business District.8. Theatre, provided, however, that no theatre S ection 1302. Use Regulations: A building or shall be erected or reconstructed unless there premises may be used for any purpose except the -is-provided on the same lot or within three following: hundred (300) feet thereof a space for off- 1. Acetylene gas manufacture or storage. street parking which contains an area ade- quate to accommodate one (1) automobile 2• Acid 'manufacture. for every four (4) seats in the theatre. 3. Alcohol manufacture. 9. Garage and automobile repair shops. 4. Ammonia,bleaching powder or chlorine man- 10. Upholstery Shop not involving any furniture ufacture. manufacture,, 5. Arsenal. 11. Furnace,-hVating, and sheet metal.shops or 6. Asphalt manufacture or refining. stores. Not more than ten (10) per cent of thwJot or tract occupied by such establish- 7. Auto wrecking or salvage, except where the premises upon which such activities are con- ment shall be used for the open and unen- ducted are wholly enclosed within a building closed.storage of materials or equipment. or by a wooden fence not less than eight (8) feet in height and in which the openings or 12..`Tire-store'-sales and service Ancluding vul- cracks are less than fifteen (15) per cent 'involving no manufacturing g on the of the total area. premises. 1 8. Blast furnaces.,3. Milk distributing station. Bag cleaning. 14. Food storage lockeis. 10. Boiler works. 15. Plumbing shops. . . . -y or terra cotta manufac- 11. Brick, tile, pottery 16. Accessory buildings and uses customarily in- ture other than the manufacture of hand- ciden't to the above uses, including parking craft products only. lots and including signs or bulletin boards not exceeding one (1) square foot in area for 12. Cement, lime, gypsum, or plaster of Paris each-one (1) linear foot of street frontage, manufacture. relating only to 'services, articles, and prod- -13. Coke ovens. ucts offered within the building to which the 14. Creosote manufacture or treatment. sign is attached, and when attached to a building and extending not more than one (1) foot from the front of the building. 16. Disinfectants manufacture. Section 1203. Parking Regulations: 1. The parking regulations for dwellings are 16. Distillation of bones, coal or wood. the same as those in the "D" Multiple Dwell- 17. Dyestuff manufacture. ing District. 18. Explosives or fireworks manufacture or 2. One loading space shall be provided on the storage. lot for buildings occupying corner lots and 19. Fat rendering. having a first floor area of between five thousand (5,000) and forty thousand (40,000) 20. Fertilizer manufacture. square feet and for buildings occupying in- 21. Forge plant. terior lots and having a total floor area of between six thousand (6,000) and forty 22. Garbage, offal or dead animals reduction or thousand (40,000) square feet. Buildings dumping. having in excess of forty thousand (40,000) 23. Gas manufacture or storage. square feet of floor area shall provide one loading space for each forty thousand (40,- 24. Glue, size or gelatin manufacture. 000) square feet of floor area or fraction thereof. 25. Iron, steel, brass or copper foundry or fab- rication plant. Section 1204. Height Regulations: No build- 26. Junk, iron or rags storage or baling, except ing shall exceed three:(3) stories nor shall it ex- where the premises upon which such activi- ceed•forty-five (45) feet in height, except as other- ties are conducted are wholly enclosed with- wise provided in Articles XVII and XVIII hereof. in a building or by a wooden fence not less Section 1205. Area Regulations: than eight (8) feet in height and in which the openings or cracks are less than fifteen 1. Front Yard: No front yard is required ex- (15) per cent of the total area. cept where the frontage on one side of a street between two intersecting streets is 27. Oilcloth or linoleum manufacture. partly In the "G" Commercial District and II partly in a dwelling district, in which event 28. Oiled rubber goods manufacture. the rent yard regulations of the dwelling 29. Ore reduction. district shall apply. 30. Paint, oil, shellac, turpentine or varnish 2. Side Yards The side yard regulations are the manufacture. same as those in the "E" Local Commercial District. 31. Paper and pulp manufacture. :1. Rear Yard: The rear yard.regulations for 32. Petroleum or its products, refining or whole- dwellings are the same as In the "D" Multi- sale storage of. ple Dwelling District. In all other cases, a 33. Rock crusher. 23 34. Rolling mill. Ii ulations for la d id re Th d Y Side ar : e se yard 86. Rubber or gutta-percha manufacture or treat- 2. qu men,, dwellings are the same as in the ',D11 Mul- tiple Shoepolish manufacture. offln, D n Other cases a L tl 0 District. I on the side of a I Is ' I xcopt district, in sINIO Dwelling Ot 'r yard 37. Smelting of tin, copper, zinc or iron ores. lot abutting oil a dwelling which case there shall be a side yard of not 38. Stockyard or slaughter of animals or fowls. less than flve (6) feet. 39. Stone mill or quarry. :1. Rear Yard., A rear yard shall be provided 40. Tanning, curing or storage of raw hides or for dwellings that shall have a depth of not less than twenty-flve (25) feet. In all other skins. cases a real- yard is not required except on 41. Tar distillations or manufacture. the rear of a lot abutting on a dwelling dis- trict,In which case there shall be a rear yard 42. Tar roofing or waterproofing manufacture. of not less than twenty (20) feet in depth. 43. Yeast plant. 4. Intensity of Use: The intensity of use reg- 44. And in general those uses which may be ob- ulations for dwellings are the some as those noxious or offensive by reason of emission in the "D" Multiple Dwelling District. of odor, dust, smoke, gas or noise, provided however, that laundries, creameries, ana other uses requiring large amounts of water ARTICLE XV shall obtain u-written statement from the City Engineer certifying that the existing "J" Heavy Industrial District Regulations sanitary sewers are adequate to accommo- Section 1501. The regulations set forth in this date the proposed use before a permit is Article or set forth elsewhere in this ordinance when granted, and provided further that uses list- referred to in this Article, are the "J" Heavy In- ed in Article XVII follow the requirements dustrial District Regulations. in that section. Section 1302-A. Additional IT-- Regulations: Section 1502. Use Regulations: Any build. Accessory buildings and uses rily incident ing.or premises may be used for any purpose not in to uses not prohibited by & J2, including conflict with any ordinance of the Citv of Jefferann parking lots and including sign. qlletin boards regulating nuisances; provided, however, that no when attached to a building and extending not more building shall be erected, reconstructed, or struc- than one (1) foot from the front of the building, are turally altered for residential purposes except for permitted, resident watchmen and caretakers employed on the premises; provided, further, that uses listed in Sec- Section 1303. Parking Regulations: The park- tion 1701 of Article XVII follow the procedure of ing regulations shall be the same as in the "G" Com- that paragraph; and provided further that no build- mercial District except as provided in Section 1304 ing or occupancy permit shall be issued for any of hereof. the following uses until and unless the location of Section 1304. Height Regulations: A building such use shall have been approved by the City may be erected to a height not exceeding eight Council,after report by the Chief of the Fire Depart- stories or one hundred (100) feet provided that on ment and the City Planning and Zoning Commission. the lot or within nine hundred (900) feet thereof 1. Acid manufacture. permanently reserved parking space be provided in 2. Cement, lime, gypsum, or plaster of paris the ratio of one space for each one thousand (1,000) manufacture. square feet of floor area that is in excess of three (3) times the lot area. 3. Distillation of bones. Section 1305. Area Regulations: 4. Explosives manufacture or storage. 1. Front Yard: No front yard is required for 5. Fat rendering. any building in the "H" Business District. 6. Fertilizer manufacture. 2. Side Yard: The side yard regulations for 7. Gas manufacture. dwellings are the same as those in the "D" Multiple Dwelling District. In all other cases 8. Garbage, offal, or dead animals, reduction or dumping. a side yard is not required. 3. Rear Yard: The rear yard regulations for 9. Glue manufacture. dwellings are the same as those in the "D" 10. Petroleum, or its products, refining of. Multiple Dwelling District. In all other cases a rear yard is not required. 11. Smelting of tin, copper, zinc or iron ores. 4. Intensity of Use: The intensity of use reg- 12. Stockyards or slaughter of animals, ulations for dwellings are the same as in the 13. Wholesale storage of gasoline. "D" Multiple Dwelling District. Section 1503. Height Regulations: Except as hereinafter provided in Article XVIII,a building may be erected to any height not in conflict with other ARTICLE XIV ordinances. "I" Light Industrial District Regulations Section 1504. Area Regulations: -Section 1461*;----Thi'iegulations set forth in this 1. Front Yard: Where all the frontage on one Article,or set forth elsewhere in this ordinance when side of a street between two intersecting streets is located in the "J" Heavy Indust- referred. to in. this Article, are the regulations in trial District,no front yard shall be required. the-"I" Light Industrial District. Where the frontage on one side of the street between two intersecting streets is located Section 1402. Use Regulations. The use regu- partly in the '71 Heavy Industrial District lations are the same as those in the 111111 Business and partly in a dwelling or commercial dis- District, except that there are no restrictions as to trict, the front yard requirem6nts of the signs or bulletin boards. dwelling or local commercial district shall Section 1403. Height Regulations: No build- apply to the "J" Heavy Industrial District. ing shall exceed six (6) stories nor shall it exceed 2. Side Yard: The side yard regulations are ninety (90) feet in height except as otherwise pro- the same as in the "I" Light Industrial vided in Articles XVII and XVIII hereof. District. :1. Rear Yard: The rear yard regulations are Section 1404. Area Regulations: the same as in the "I" Light Industrial Dis- 1. Front Yard: Where all the frontage on one trict. side of the street between two intersecting ARTICLE XVI. streets is located in the "I" Light Industrial District, no front yard shall be required. NON-CONFORMING USES Where the frontage on one side of the street Section 1601. The lawful use of land (contain- between two intersecting streets is located ing no buildings) for storage purposes which does partly in the "I" Light Industrial District not conform to the provisions of this ordinance shall and it Dwelling, Local Commercial or High- be discontinued within two (2) years of the date of way Commercial District the front yard re- approval of this ordinance, Lawfully established dwelling or commercial signs, billboards,and bulletin boards that do not con- district of the ct shall apply to the"I"Light Industrial form with the provisions of this ordinance shall be District, removed and all promises made to conform with the rovisions of this ordinance in so far as signs, bill- boards and bulletin boards are concerned within seven (7) years Of the ditto of the approval of this ordinance, provided, however, that this shall not alrect marquees containing no advertising. 442 Section 1602. Except as provided in Section tained by dividing the total square foot area 1600, the lawful use of a building existing at the of the site by 1,200. time of the effective date of this ordinance may be (b) A distance of at least twenty (20) feet continued although such use does not conform to be maintained between buildings, between the provisions hereof. If no structural alterations are trailers, and between trailers and buildings. made a non-conforming use of a building may be (c) Each tourist cabin unit have a minimum changed to another non-conforming use of the same u or of a more restricted classification. Whenever a enclosed floor area of two hundred (200) non-conforming use has been changed to a more square feet, and be provided with heating restricted use or to a conforming use, such use shall facilities, a lavatory, toilet, and tub or not thereafter be changed to a less restricted use. shower with hot and cold running water. Sanitary and water supply facilities installed Section 1603. Whenever the use of a building shall be subject to approval of the City becomes a non-conforming use through a change in Building Inspector. the zoning ordinance or district boundaries, such use Each trailer camp provide sanitary may facilities and water supply in accordance e continued and if no structural alterations are made, may be changed to another non-conforming with the standards of and meeting the ap. use of the same or of a more restricted classification. rova' of the City Building Inspector. No Section 1604. In the event that a non-conform- special permit for a trailer camp shall be ing�use of any building or premises is discontinued, granted until the plans have been approved or its normal operation stopped,for a period of two by the City Building Inspector. No certifi- (2) years, the use of the same shall thereafter con cats of occupancy shall be granted until form to the uses permitted in the district in which after certification of compliance with the it is located. requirements of tile City Building Inspector. All special permits for trailer camps shall Section 1605. No existing building devoted to be temporary and shall be valid only during a dse not permitted by this ordinance in the district the period that the camp complies with the in which such building is located, except when re- requirments of the City Building Inspector. quired to do. so by law or order, shall be enlarged, extended, reconstructed or structurally altered, un- less such use is changed to a use permitted in the tric•. district in which such building is located; provided, 10. Private recreational activities. however,that during the ten (10) year period imme- diately following the passage of this ordinance, 11. Riding stables and private stables. non-conforming light industrial uses in the "E", 'IF", 12. Roadside stands for temporary or seasonal and )'Cy,'? Districts- and non-conforming heavy in- periods. dustAct in the "I" District may be extended or en- larged by not to exceed a fifty (60) per cent increase 13. Radio and television towers and broadcast- in the cubical contents of the building; and further in stations. provided, that all height and area regulations be ob- 14. Extraction of sand, gravel or other raw served in any such extension. material and the processing of those raw Section 1606. When a building, the use of materials extracted on the premises. which does not conform to the provisions of this 15. Parking lots on land not more than three ordinance,is damaged by fire, explosion, Act of God, hundred (300) feet from the boundary of or the public enemy, to the extent of more than any local commercial,commercial,or business seventy-five (75) per cent of its fair market value,it districts. shall not be restored except in conformity with the 16. Clubs, and semi-public buildings. regulations of the district in which the building is situated. 17. Public Utilities. Section 1607. Nothing in this ordinance shall Before issuance of any special permit of any be interpreted as authorization for, or approval of, of the above buildings or uses, the City Council shall the continuance of the use of a building or premises refer the proposed application to the City Planning in violation of zoning regulations in effect at the and Zoning Commission, which Commission shall be time of the effective date of this ordinance. given thirty (30) days in which to make a report regarding the effect of such proposed building oi- ARTICLE XVII use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters Additional Use Regulations pertaining to the public health, public safety and Section 1701. The City Council of the City of general welfare. No action shall be taken upon any Jefferson may,by special permit after public hearing, application for a proposed building or use above authorize the location of any of the following build- referred to until and unless the report of the City ings or uses in any district from which they are pro- Planning and Zoning Commission has been filed; hibited by this'ordinance, and may also permit an provided, however, that if no report is received increase in the height of any such buildings. from the City Plannin g and Zoning Commission within forty-five (45) days, it shall be assumed that 1. Any public building erected or used by any approval of the application has been given by the department of tbb City, School District, said Commission. County, State or Federal Government. Section 1702. The owner or owners of any tract 2. Private schools, including nursery, pre-kin- g an area of not less than ten (10) dergarten, kindergarten, play and special of land comprising schools, acres may submit to the City Council a plan for the use and development of all the tract of land for 3. Hospitals, clinics and institutions, including residential purposes or for the repair and alteration educational, religious and philanthropic in- of any existing housing development on an area stitutions and convalescent homes; provided, comprising ten (10) acres or more. The development however, that such buildings occupy not or alteration plan shall be referred to the City Plan- over forty (40) per cent of the total area of ning and Zoning Commission for study and report the lot and will not have any serious and and for public hearing. If the Commission approves depreciating effect upon the value of the the plans, they shall then be submitted to the City surrounding property, and provided further, Council for consideration and approval. The ap that the buildings shall be set back from all proval and recommendations of the commission yard lines a distance of not less than one (1) shall be accompanied by a report stating the reasons foot for each foot of building height, and for approval of the application and specific evidence that adequate off-street parking space will and facts showing that the proposed community unit be provided. plan meets the following conditions: 4. Cemetery. 1, That property adjacent to the area included 5. Community building oi• recreation field. in the plan will not be adversely affected. 6. Airport or landing field. 2. That the plan is consistent with the intent and purpose of this ordinance to promote 7. Greenhouses and nurseries and the retail public health, safety, morals and general sale of their products. welfare. 8. Trailer and tourist camps and motels, but 3. That the buildings shall be used only for only in the "Ell' 'IF", 44G", "I" and "J" Dis- single-family dwellings, two-family dwell- tricts, provided that: ings or multiple dwellings and the usual ac- (a) The number of trailers or tourist cab- cessory uses, such as garages, storage space ins, or both, shall not exceed the number ob. or community activities, including churches. •1. That the average lot area per family con- 30 tained in the site will not be less than the lot area per family required in the district in which the development is located. 443 If the City Council approves the plans, build- _ Section 1808. Open lattice-enclosed fire es- i ins permits and eertifleates of occupancy may be is- capes, fireproof outside stairways, and balconies sued, even t.haufrh the use of land and the location opening upon fire towers and the ordinary projec- of the hull<iings to be erected in the area and the tions of chimneys and flues into the rear yard may yards and open spaces contemplated by the plan do be permitted by the Building Inspector for a distance i` not conform in all respects to the district regula- of not more than three and one-half (3-1/2) feet tions of the district in which it is located. and where the same are so placed as not to obstruct �) light and ventilation. Section 1703. Two-fancily dwellings may be erected in those locations in the "A-1" and "A-2" Section 1809. An open unenclosed porch or Single-Family Dwelling Districts where, at the time paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An enclosed �( i vestibule containing not more than forty (40) I! f o the effective date of this ordinance, forty (40) i square feet may project into it front yard fora clis- per cent or more of the frontage on one side of a street between two (2) intersecting streets is oc- tance not to exceed four (4) feet. �+ cupied by two-family dwellings or two-family and Section 1810. Terraces, uncovered porches, multiple family dwellings; provided however, that platforms and ornamental features which do not `j the area and parking regulations of the "B" Two_ extend more than three (3) feet above the floor level ! Family District are complied with. of the ground (first) story may project into a re- quired yard, provided these projections be distant i Section 1704. Three and four family dwellings at least two (2) feat from the adjacent side lot �I may be erected in those locations in the "B" Two- line. t Family Dwelling District, where at the time of the Section 1811. For the purpose of the side yard effective date of this ordinance, forty (40) per cent i•,.t;ulations, it two-family dwelling, or it multiple or more of the frontage on one side of a street be- tween two (2) intersecting streets is occupied by dwelling, shall be considered as one (1) building ot- multiple dwellings; provided however, that the area �j and parking regulations of the "C" Four-Family cupying one (1) lot. 11 Dwelling District are complied with. Section 1812. Temporary buildings that arc used in conjunction with construction work only "ray be permitted in any district during the period ARTICLE XVIII that the building is being constructed, but such t temporary buildings shall be removed upon cons- f I Additional Height and Area Regulations pletion of the construction work. , The district regulations hereinafter set forth in Section 1813. Where u lot or tract is used for this Article qualify or supplement, as the case may a commercial or industrial purpose, more than one be, the district regulations appearing elsewhere in (1) main building may be located upon the lot or 1 this ordinance. tract but only when such buildings conform to all ' Section 1801. Public, semi-public or public open space requirements around the lot for the 1� service buildings, hospitals, institutions or schools, district in which the lot or tract is located. when permitted in a district, may be erected to a Section 1814. In the event that a lot is to be height not exceeding sixty (60) feet, and churches occupied by a group of two or more related buildings and temples may be erected to a height not exceed- to be used for residential, institutional, or hotel line ing seventy-five feet if the building is set back from each yard line at least one (1) foot for each purposes, there may be more than one (1) main two (2) feet of additional building height above building on the lot; provided, however, that open the height limit otherwise provided in the district in space between buildings that are parallel or within I which the building is located. forty-five (45) degrees of being parallel, shall have i a minimum dimension of twenty (20) feet for one Section 1802. Chimneys,church steeples, cooling story buildings, thirty (30) feet for two story towers, elevator bulkheads, fire towers, monuments, buildings, and forty (40) feet for three story build- stacks, stage towers or scenery lofts, tanks, water ings. towers, ornamental towers and spires, wireless, j radio and television towers, grain elevators,or neces- Section 1815. Where all open space is' more I sary mechanical appurtenances, may be erected to than fifty (50) per cent surrounded by a building, a height in accordance with existing or hereafter the minimum width of the open space shall be at adopted ordinances of the City of Jefferson. least twenty (20) feet for one story buildings, thirty (30) feet for two story buildings,and forty (40) feet Section 1803. Accessory buildings may be for three story buildings. built in a rear yard but such accessory buildings shall not occupy more than thirty (30) per cent of Section 1816. No side yards are required where a rear yard and shall not be nearer than two (2) dwelling units are erected above commercial and feet to any side or rear lot line, except that when industrial structures. i a garage is entered from an alley it.shall not be ' located closer than ten (10) feet to the alley line and Section 1817. Whenever the number of eat- except that a garage that is located closer than ten ployees is restricted in connection with any use in (10) feet to the main building shall provide the the Local Commercial or Commercial Districts, such side and the rear yards for the main building. maximum number applies only to employees en- Section 1804. No accessory building shall be gaged in processing or treating materials pro- ducts on the premises and not to employees en- constructed upon a lot until the construction of the gaged in selling, clerical, delivery or similar activi- (( main building has been actually commenced, and ties. no accessory building shall be used for dwelling purposes other than by domestic servants employed Section 1818. Buildings that are to be used for entirely on the premises. storage purposes only may exceed the maximum Section 1805. Every part of a required yard number of stories that are permitted in the district shall be open to the sky, unobstructed, except for in which they are located, but such buildings shall accessory buildings in a rear yard, and except for not exceed the number of feet of building height the ordinary projections of sills, belt courses, cor- permitted in such districts. vices, and ornamental features projecting not to Section 1819. The front ards heretofore es- exceed twelve (12) inches, tablished shall be adjusted in the following cases: Section 1806. No basement or cellar shall be occupied for residential purposes until the remainder 1 Where .forty (40) per cent or more of the ' of the building has been completed. frontage on one side of a street between two i intersecting streets is developed with build- ` Section 1807. Fences in which the openings be- ings that have observed (with a variation of con-1 five (5) feet or less) a front yard greater tween the materials of which the fence is structed represent less than seventy (70) per cent shall not be erected closer to the street than of the total surface may be erected to a height not the front yard so established by the exist- i' t exceeding four (4) feet along the boundaries of a ing buildings. � lot,except that no such fence shall be erected within i thirty (30) feet of the intersection of any two street 2. Where forty (40) per cent or more of the lines. Wire fences and other fences in which the frontage on one side of a street between openings between the materials of which the fence two intersecting streets is developed with is constructed represent more than seventy (70) per buildings that have not observed a front tent of the total fence area may be erected to a yard as described above, then: height of six (6) feet, except within thirty (30) (a) Where a building is to be erected on a feet of the intersection of two (2) street lines. parcel of land that is within one hundred This section shall not apply to the fences required (100) feet of existing buildings on both for certain uses in Article XIII. sides, the minimum front yard shall be a ! line drawn between the two closest front corners of the adjacent buildings on the two 1� sides, or (b) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent ! building. i ! ­WAMM� r441. cep on" undue hardship Upon the section 1820. Oil the following streets 110 ep oil building shall be erected closer to the centerline of owner of such pro Urty, the Board Ili hereby the street than: empowered to out iorize upon all appeal re- ( lating to such pro)ert5, n v on from (Special building lilies will be determined and such strict appileX011 so as to relieve such a list of streets that should have such building llneH difficultleH or hardships, will be Included herein after completion of the. Major Street Plan.) :1. powers Relative to Exceptions: Upon all- peal, the Board is hereby empowered to per- { mit tile following exceptions: tHTICLE XIX (a) To permit the extension of a district I where the boundary line of a district divides BOARD OF ADJUSTMENT' a lot in single ownership as shown of record. Section 1901. There is hereby created a Board (b) To permit the reconstruction of a non. of Adjustment, consisting of five freeholders of the conforming building which has been des. City of Jefferson, who shall be appointed by the troyed, or partially destroyed, by fire or Act Mayor with the consent and approval of the City of God where the Board shall find some com- Council, for terms of five years each: provided, pelling public necessity requiring a continu- however, that the membership first appointed shall ante of the non-conforming use, but in no serve for terms of one for one year, one for two case shall such a permit be issued if its prl- years, one for three years, one for four years and mary function is to continue a monopoly. one for five years. All members shall be removable (c) To interpret the provisions of the oil- for cause by the Mayor upon written charges and dinance where the street layout actually on after public hearings. Vacancies shall be filled for the ground varies from the street layout as the unexpired term of any member whose term be- shown on the map fixing the several dis- comes vacant, tricts, which map is attached to and made a The Board shall elect its own chairman and vice- part of this ordinance. chairni4n whoa shall serve for one year. The Board (d) To vary the parking regulations of this shall adopt from time to time such rules and regu- ordinance whenever the character or use lations as it may deem necessary to carry into of a building is such as to make unnecessary effect the provisions of this Article. the full provision of parking facilities or ffi where such regulations would impose all li Section 1902. Meetings: Meetings of the Board Unreasonable hardship upon the use of the shall be held at the call of the chairman and at lot, as contrasted with merely granting- all such other times as the Board may determine. Such advantage or a convenience. chairman, or in his absence the acting chairman, may administer oaths and compel the attendance In exercising the powers mentioned above in of witnesses..All meetings of the Board shall be Subsections 1, 2, and 3, such Board may, in con- open to the ppblic. The Board shall keep minutes formity with the provisions of this ordinance, re- of its proceedings, showing the vote of each member verse or affirm,wholly or partly, or may modify the upon each question, or if absent or failing to vote, order, requirement decision, or determination all- indicating such fact, and shall keep records of its pealed from and may make such order, requirement, examinations and other official actions, all of which decision, or determination as ought to be made,and shall be immediately filed in the office of the Board to that end shall have all the powers of the Building and shall be a public record. All testimony, objet- Inspector. In considering all appeals to this or- tions thereto and rulings thereon shall be taken Oinance, the Board shall before making any finding down by a reporter employed by the Board for the in a specific case, first determine that the proposed purpose. change will not constitute change in the District Map and will not impair an adequate supply of Section 1903. Appeals: Appeals to the Board light and air to adjacent property, or increase the may be taken by any person aggrieved or by any congestion in public streets, or increase the public officer, department, board or bureau of the City of danger of fire and safety, or materially diminish or Jefferson affected by any decision of the Building impair established property values within the sur- Inspector. Such appeal shall be taken within a rounding area, or in any other respect impair the reasonable time, as shall be prescribed by the Board public health, safety, comfort, morals and welfare by general rule, by filing with the Building Inspec- of the City of Jefferson. Every decision of the Board for and with the Board a notice of appeal specifying shall be accompanied by a written finding of fact, the grounds therefor. A payment of ten dollars based on sworn testimony and evidence, specifying ($10) to the City Treasurer shall accompany all the reason therefor. such notices which payment shall not be returned It shall require the concurring vote of four due to any subsequent action of the Board. The members of the Board to sustain any of its decisions Building Inspector shall forthwith transmit to the hereunder. Board all the papers constituting the record upon which the action appealed from is taken. Section 1905. Any person or persons aggrieved by any decision of the Board of Adjustment may The Board shall fix a reasonable time for the secure a review of same by the Circuit Court of Cole hearing of the appeal, give public notice thereof, as County, Missouri, as provided in Section 89.100 well as due notice to the parties in Interest, and R. S. Mo. 1949. decide the same within a reasonable time. At said hearing any party may appear in person or by agent or attorney, and the Building Inspector shall appeal- ARTICLE XX and be represented by the City Attorney. Certificate of Occupancy An appeal stays all proceedings in furtherance Section 2001. No vacant land shall be occupied of the action appealed from, unless the Building or Used, except for truck gardening and farming Inspector certifies to the Board after the notice of purposes, and no building hereafter erected or appeal shall have been filed with him that by rea- structurally altered shall be occupied or used until son of facts stated in the certificate a stay would, in a Certificate of Occupancy shall have been issued by his opinion, cause Imminent peril to life or property. the Building Inspector. In such case, proceedings shall not be stayed other- Section 2002. Certificate of Occupancy for a wise than by a restraining order which. may be Building: Certificate of Occupancy for a new build- granted by the Board, or by a court of record on ing or the reconstruction or alteration of an existing application and notice to the Building Inspector and building shall be applied for coincident with the ap- on due cause shown. plication for a building permit and said certificate shall be issued within three (3) days after the re- Section 1904. Jurisdiction: The Board shall quest for same shall have been made in writing to have the following powers: the Building Inspector after the erection or altera- tion of such building or part thereof shall have been 1. Powers Relative to Errors: To hear and completed,in conformity with the provisions'of these decide appeals where it is alleged there is regulations. Pending the issuance of a regular cer- an error in any order, requirement, decision, !ificate,a temporary certificate of occupancy may be or determination made by the Building In- issued by the Building Inspector for a period not spector in the enforcement of this ordinance. exceeding one years during the completion of altera- 2. Powers Relative to Variations: Where, by tions or during partial occupancy of a building pend- reason of exceptional narrowness, shallow. ing its completion. Such temporary certificate shall ness, or shape of a specific piece of property not be construed its in any way altering the res- at the time of the adoption of this ordinance, pective rights, duties or obligations of the owners or by reason of exceptional topographical or of the city relating to the use or occupancy of conditions or other extraordinary or excep- the premises or any other matter covered by this tional situation or condition of a specific ordinance, and such temporary certificate shall not ji piece of property, which condition is not be issued except under such restrictions and pro- II generally prevalent in the neighborhood, the visions as will adequately insure the safety of the strict application of the area regulations of occupants. this ordinance would result in peculiar and exceptional practical difficulties to or ex- 445 K Section 2003. Certificate of Occupancy for the boundaries of districts or regulations, or restric- Land. Certificate of occupancy for the Ilse of va. lions herein estnblished. Any proposed amendment cant land or the change in the character of the Fupplement, change, modification or repeal shall use of land as herein provided, shall be applied for first be submitted to the City Planning and Zoning before any such land shall be occupied or used, and Commission for its recommendations and report. If ! ? a certificate of occupancy shall be issued within the City Planninf; and Zoning Commission makes three (3) days after the application has been made, no report within thirty (30) days, it shall be con- provided such use is In conformity with the provi- sidered to have made a report approving the pro- f sions of these regulations. posed amendment, supplement, modification or J change. After the recommendations and report of i Section 2004. Certificate of Occupancy shall the City Planning arid Zoning Commission have state that the building or proposed use of a building been filed, the City Council shall, before enacting or land complies with all the building and health Iaws any proposed amendment, supplement, change,modi- and ordinances and with the provisions of these fication or repeal, hold a public hearing in relation regulations. A record of all certificates shall be kept thereto,giving at least fifteen (15) days notice of the on file in the office of the Building Inspector arid time and place of such hearing, which notice shall copies shall be furnished on request to an person first be published in a newspaper within and for the 1 having a proprietary of tenancy interest in the City of Jefferson }raving a general circulation fi building affected. No fee shall be charged for a therein. i Certificate of Occupancy. Section 2402. In case of an adverse report by Section 2005. No permit for excavation for any the City Planning and Zoning Commission, or if a building shall be issued before application has been protest against such proposed amendment, supple- made for Certificate of Occupancy. nrent, change, modification or repeal shall be pre- sented in writing to the City Clerk prior to the date of the holding of the said hearing, duly signed ARTICLE XXI and acknowledged by the owners of ten (10) per cent 1 or more either of the area of the land (exclusive of PLATS streets, places arid alleys) included within such pro- f Section 2101. Application for Certificates of posed amendment, supplement, change, modification Occupancy shall be accompanied by a drawing of or repeal, or within an area, determined by lines plat, in duplicate, showing the lot plan, the location drawn parallel to and one hundred eighty-five (186) feet distant from the boundaries of the district of the building on the lot, accurate dimensions of proposed to be changed, such amendment, supple- building and lot, and such other information as may meat, change, modification or repeal shall not be- j be necessary to provide for the enforcement of come effective except by the favorable vote of three- ( these regulations. A careful record of the original fourths of all the members of the Council. copy of such applications and plats shall be kept in the office of the Building Inspector. Section 2403. A payment to the City Treasurer of Twenty-Five Dollars ($25.00) shall accompany all ARTICLE XXII petitions for changes and amendments which pay- ment shall not be returned due to any subsequent BOUNDARIES OF DISTRICTS action taken in regard to the petition. Section 2201. Where uncertainty exists with respect to the boundaries of the various districts as AItiICI.E XXV shown on the map accompanying and made a part Enforcement, Violation and Penalty of this ordinance, the following rules shall apply. 1 (a) The district boundaries are 'either Section 2501. In case any building or structure streets, places or alleys unless otherwise is erected, constructed, reconstructed, altered, con- { shown,and where the designation on the map verted or maintained, or any building, structure or accompanying and made a part of this or- land is used in violation of this ordinance or other dinance indicating the various districts are regulations made under authority conferred hereby, approximately bounded by street, place or the Building Inspector• may institute any proper ac- alley lines, said street, place or alley shall tion or proceedings to prevent such unlawful erec- be construed to be the boundary of such tion, construction, reconstruction, alteration, conver•- district. Sion, maintenance or use, to restrain, correct or t (b) Where the district boundaries are not of f otherwise indicated and where the property abate.such violation,.to prevent the occupancy has been or may hereafter be divided into said building,-structure or land,•or to.prevent"ally blocks and lots, the district boundaries shall illegal act, conduct, business or use•in and to such f J be construed to be lot limes and where the premises. J designation on the map accompanying and made a part of this ordinance indicating the Section 2502. The owner or general agent of a f various districts are approximately bounded building or premises where a violation of any provi- by lot lines, said lot lines shall be construed sion of this ordinance has been committed or shall j to be the boundary of such district unless exist, or the owner, general agent, lessee or tenant said boundaries are otherwise indicated oil of•any.part of. the building, or premises in which the map. such violation has been•committed or shall exist, or general agent, architect, builder, contractor or } (c) In unsubdivided property, the district any other person who commits, takes part,or assists boundary lines on the map accompanying in such violation or who maintains any building or and made a part of this ordinance shall be premises in which any such violation shall exist, J determined by use of the scale contained on shall be deemed guilty of a misdemeanor, punish. such map. able by a fine of not less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00) for each and every day that said violation continues, ARTICLE XXIII but if the offense be willful, on conviction thereof Interpretation, Purpose and Conflict the punishment shall be a fine of not less than One Hundred Dollars ($100.00) nor more than Two Section 2301. In interpreting and applying the -Hundred Fifty Dollars ($250.00) for each and every provisions of this ordinance, they shall be held to be day that such violation shall continue, or by im- i ' the minimum requirements for the promotion of prisonment for ten (10) days for each and every day the public safety, health, the convenience, comfort, such violation shall continue,or by both said fine and prosperity and general welfare. It is not intended by imprisonment in the discretion of the Court. Any this ordinance to interfere with or abrogate or annul person who, having been served with an order to any easements, covenants or other agreements be- remove any such violation, shall fail to comply with tween parties, provided, however, that where this said order within ten (10) days after such service i ordinance imposes a greater restriction upon the use or shall continue to violate any provision of the regu- of buildings or premises or upon height of building or nations made under authority of this ordinance in I requires larger open spaces than are imposed or• the respect named in such order, shall also be sub- required by other ordinances, rules, regulations or ,ject to a civil penalty of Two Hundred Fifty Dollars premises, or by easements, covenants or agreements, ($260.00). ' the provisions of this ordinance shall control. ARTICLE XXVI tARTICLE XXIV VALIDITY Changes and Amendalentn Section 2601. If any section, subsection, sen- tence, clause or phrase of this ordinance is for any Section 2401. The City Council may from time reason het to be unconstitutional such decision to time on its own motion or on shall not affect the validity of the remaining per- , petition, amend, supplement, change, modify or repeal by ordinance Ilona of this ordinance. The Council of the City of Jefferson hereby declares that it would have passed this ordinance and each section, subsection,sentence, +� 41 clause and phrase hereof irrespective of the fact that any one or more other sections, subsections, sen- tences, clauses and phrases be declared unconstitu- tional. i` lJ