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HomeMy WebLinkAbout01292ZONING ORDINANCE E0R THE CITY 0~ PUEBLO, C0r~0RAD0 Re-drafted May 6, 1931 Mc0rary & 0ulley, Denver, Colorado, Consultants. ORDINANCE NO. g AN ORDINANCE RELATING TO ZONING BE IT ORDAINED BY THE COUNCIL OF PUEBLO: SECTION 1. DEFINITIONS For the purposes of this ordinance certain terms and words are herewith defined as follows: Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number Include the singular; the Word "building" includes the word "struc- ture." The term "used" includes the words "arranged, designed, or in7 tended to be used "; the term "occupied" includes the words "arranged, designed, or intended to be occupied." Accessory Building: A subordinate building or portion of main building, the use of which is incidental to that of the main building. Alley: A public way which affords only a secondary means of access to abutting property. Apartment House: See Dwelling, Multiple. Boarding House: A building other than a hotel, where meals for five or more persons are served for compensation. Building: A structure for the support, shelter, or enclosure of persons, animals, or chattels. Building, Height of: The vertical distance at the center of a building's principal front measured from the established grade to the highest point in the coping of a flat roof; or to the center height between the eaves and ridge for pitched roofs. For buildings set back_ from the street line the height of the building may be -1- measured from the average elevation of the finished grade along the front of the building, provided the distance from the street line is not less than the height of such fini~hed grade above the establ£shed grade. Court: An open, unoccupied, unobstructed space, other than a yard, on the same lot as the b~ilding. Court, Outer: ~ court extending to a street or alley or to a front or rear yard. Cou~t, Inn, er, L ~ court other than an outsr court. Dwell,in~ ,O, ne~f~n~il~: A detached building occupied exclusively by one family. exclusivel~ by two families. Dwel~ln$, MultiPle: A building occupied by three or more families living independently of each other. Family: A family is any number of individuals living and cooking together on the premises as a single housekeeping tunit, but it shall not include a group of more than 5 individuals not related by blood or marriage. Frontage: All the property abutting upon one side of a street be- tween two intersecting streets, measured along the street line. Garage, Private: ~ garage with capacity for not more than three self-propelled vehicles for storage only. Provided, however, a pri- vate garage may exceed a three-vehicle capacity if the lot whereon such gaZage is located contains not less than 2000 square feet fc~ each vehicle stored. Garage, Commun%tY: A garage consisting of a series of stalls under a continuous roof with a capac~oy for not more than five self- propelled vehicles for storage only. Provided, however, a community garage may exceed a five-vehicle capacity if the lot whereon such garage is located contains not less than 1000 square feet for each vehicle stored. detached or semi-detached building occupied -2- Garage, Public: A garage other than a private or community garage used for the storage or care of more than three self-propelled ve- hicles, or where any such vehicles are equipped for operation, re- paired or kept for remuneration, hire or sale. Grade, E~ab~ished: The grade of the street curb line fixed by the city. Grou~ HouSeSm: ~ group of three or more detached or semi-detached dwellings usually arranged In opposing rows and ~eparated by a court used in common by the inhabitants. Hotel: A building occupied as the more or less temporary abiding place ~f individuals in which there are more than 15 sleeping rooms and in which provision is not made for cooking in ~uy individual room Or apartment. Lot: A lot is a parcel of land occupied by one main building or use, with its accessories, and including the open spaces aecessory to it. No area shall be counted as accessory to more than one main building or use, and no area necessary for compliance with the open space requirements for one main building or use shall be included or counted in the calculation of the open space accessory to any other main building or use. Corner Lot: A lot situated at the junction of two or more streets. Interior Lot: A lot other than a corner lot. Throush Lot: ~n interior lot having frontage upon t~o parallel or nearly parallel streets. Lot ~ines: The lines bounding a lot as defined herein. Non-Conformin~ Uses: A building or land occupied by a use that does not conform with the use regulations of the district in which it is situated. ~-~· ~ ..... un~cupi~~ cpac~ ............. t ....t .......... Roomin~ House: A building other than a hotel, where lodging for five or more persons is provided for compensation. Street,:, A thoroughfare which affords a principal means of access to abutting property. Structure:, Anything constructed Or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. Structural Alterstio~: Any change in the Supporting members of a building, such as bearing walls, columns, beams~ or girders. Front Yard: A front yard is an open space on the same lot with a main building, unoccupied except as hereinafter permitted, extending the full ~idth of the lot and situated between the street line and the front line of the building projected to the side li~es of the lot.~. Rear Yard: A rear yard is an open space on the same lot with a main building, unoccupied except as hereinafter permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. Side Yard: A side yard is an open space o~ the same lot with a main building, unoccupied except as hereinafter permitted, situated between the side llne of the building and the adjacen~ side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If there be no front yard the'front boundary of the side yard shall be the street line end if there be no rear yard the rear boundary of the side yard shall be the rear line of the lot. SECTION 2. ZO~iING DISTRICTS In order to regulate and restrict the location of trades, industries and other uses, and the location of buildings designed, erected, al- tered or occupied for specified purposes; to reg~tlate ~d limit the height and bulk of buildings hereafter erected or altered; to regulate and determine the area of yards and other open spaces; and to regulate -4- and limit the density of population, vided into the following classes of Residence "A" Districts. Residence ';B" Distgicts. Residence ~C" Districts. Business "U' Districts. Business "~" Districts. Industrial "F" Districts. the City of Pueblo is hereby di- Zening Districts: The boundaries of the aforesaid Zoning Districts are shov,~ on the map attached hereto, published herewith as a part hereof, being desig- nated as the "Zoning District ~ap," and said nmp with all the notations shown thereon is hereby declared to be a part of this ordinance. Unless otherwise indicated on the Zoning District Hap the district boundary lines are street or alley lines. Where the district boundary lines are not shown to be street or alley lines, and where the property has been divided into lots and blocks ~he dj. strict boundary lines shall be con- strued to be lot lines. In un~bdlvided pro. perty, the district boundary lines shall be determined by the use of the scale of the Zoning Dis~rlct Map, Except as hereinafter provided: (1) No building shall be erected or structurally sltered, and no building or land shall be used for any p~=pose other than is permitted % in the zoning district in which such building or land is located. (2) No building shall be erected or structurally altered to exceed the height or bulk limit herein established for the zoning dtstrio~, in which such building is located. IS) No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed herein, nor shall the lot area per family be reduced in any manner except in con- formity with the ares regula~ions he~?ein established for the zoning district in ~lch such building is located. -5- ~4) Every building hereafter erected shall be located on a lot as herein defined arid in no case shall there be more than one main build- ing on one lot. (~) In every building, each roo~ used for living or sleeping pur- poses shall have not less than one window opening ~irectty either upon a street or alley or upon a rear yard, front yard, side yard, im~er court or outer court located upon .the same lot and conforming to the requirements prescribed herein. SECTION 3. RESIDEDICE "A" DISTRICTS In a Residence "A" District:- Use: No building or premises shall be used and no building shall be erected or structurally altered, unless otherwise provided herein, excgpt for one or more of the following uses: 1. One-family dwelling. 2. Church. 3. Elementary and high school. Institution for higher education. 4. Public'library, public museum, and municipal recreational uses;~iwater supply reservoir. 5. Telephone exchange, electric transforming or regulating station and gas regulating station, where no public business office and no repair or storage facilities are maintained. 6. Golf course, occupying not less than 40 acres. Tennis grounds. 7. Farming and gardening. 8, Accessory buildings and uses including one private garage, when located not less than 60 feet from the front lot line nor less than 5 feet from any other street line, or a private garage built integral with the main building. (See Section 9). Height: No building shall be erected or structurally altered to ex- -6- ceed ~ feet in height; except including schools and churches, that public or semi-public buildings, may be erected to a height of 60 feet provided the side yards herein required are increased an additional i foot in width for each ff~ in height such building exceeds 35 feet. Yards: For every building there shall be a front yard and a rear yard each of not less than 25 feet in depth and a side yard on each side of the building of not less than 5 feet iH ~i~th, provided that for each i foot added to one side yard over and above that stipulated above, the other side yard may be decreased I foot, but no side yard shall be less than ~ feet in width. Provided i~rther that for build- ings over 15 £eet in height, other thm~ dwellings, there shall be re- quired side yards off not less than l0 feet in width, except that this provision shall not apply to the street side off a Corner lot. Lot Area ~er Family: For every one-family dwelling there shall be provided a minimum lot area of 5000 square £eet. SECTION RESIDe, ICE "B" DISTRICTS In a Residence "B" District:- Use: No building or premises shall be used and Ho building shall be erected or structurally altered, u~.~less otherwise permitted herein, except for one or more of the following uses: 1. A use permitted in a Residence "~" District. 2. Two-fa~ly dwelling. 3. Nursery and greenhouse, for t~e propogation and cultivation of growing plauts only, az~d not conducted as a retail business. 4. Accessory buildings and uses as prescribed ~or a Residence"~"~ District. (See Section ~ei~ht: The requirements shall be the same as prescribed for a Res- idence ~i" District. · Yards: For every building ther~ shall be a front yard and a rear yard each of not less than ~0 feet in depth and there shall be side yards ti~e same as required in a Residence ~'A" District. Lot ~rea per Pmn.il.~: For every one-family dwelling there shall be provided a minimum lot. area of 4000 square feet per family and for every two-family dwelling a minimum lot area of 2500 square feet per family. ~fSECT!ON ~. RESIDenCE "C" DISTRICTS In a Residence "C" District:- Use: No building or premises shall be used and no building shall be erected or structurally altered, unless otherwise permitted herein, except for one or more of the following uses: 2. 3. 4. A use permit~ed in a Residence "B" District. Multiple dwelling. Group houses. (See Section 10). Hospital and clinic. 5. Hotel. 6. Educational or philanthnopic institution. 7. Private club, fraternity, or lodge, except those the chief activity of which is a service carried on as a buslnss. 8. Boarding or rooming house. 9. Community garage, wi~e~ located not less than 60 feet from the front lot line nor less than ~ feet from a side street line. 10. Iccessory buildings and uses as prescribed for a Residence "A" District. ~See Section 9). Heisht: No building shall exceed 60 feet Yards: For every building there shall be yard each of not less than 1~ feet in depth. ~or buildings no~ exceeding 3~ feet in height the side yard requirements shall be the same as prescribed for a Residence ~" District. For buildin§s more than 3~ feet in height each side yard in height. a frozlt yard and a rear -8- shall be increased 2 inches in width for each additional foot in height'such building exceeds 35 feet. Lot Area per Pamil~y: For every one-family dwelling there shall be a minimum lot area of 3000 square feet per family, for every two- family dwelling a minimum lot area of 2000 square feet per family; for every multiple dwelling not exceeding 30 feet in height a min- imum lot area of 1000 square feet per family; for every multiple dwelling more than 30 feet but not exceeding 45 feet in height a min- imum lot area of 800 square feet per family; and for every multiple dwelling exceeding 45 feet in height, a minimum lot area of 500 square feet per family. SECTION 6 BUSINESS "D" DISTRICTS In a Business "D" District:- Use: Buildings or premises may be used and buildings may be or structurally altered for a use permitted in a Residence "C" trict or for any other use except the following: l~/l~utomobile wrecking yard. 2. Bakery, employing more than 5 persons on premises. 3. Blacksmithing or horseshoeing shop. 4. Bottling works. 5. Building material storage yard. 6. Carting, express, hauling, or storage yard. 7. Contractor's plant or storage yard. 8. Coat, coke, or wood storage yard. 9. Cooperage works. 10. Creamery and produce. ll. Dyezno and leanl~]~ wor~:s, employing moz'e tkan 5 persons on premises. Ice plant and storage house of msre than 5 tons capacity. erected Dis- -9- 24. Height: The requirements shall be the Residence "C" District. Yards: Buildings used exclusively for 13. ~aundry, employing more than 5 persons on premises. 14. Livery stable'. 16. Lumber yard or planing mill. 16. ~chine shop. l?. Milk distributing station, other than a retail business con- ducted on the premises. 18. Stone yard or monument works. 19. Storage warehouse. 20. Storage or baling of scrap paper, iron, bottles, rags, or junk. 21. Tourist camp, except by permission of the Board of Adjustment and in conformity with the regulations for touriS2 camps in an "~' Business District. 22. Any kind of manufacture or, treatment other than the manufacture or treatment of products clearly indidental to the conduct of a retail business. 23. Public garage having an exit or entrance within 250 feet o£ an entrance or exit of a public or private school, playground, public library, church, hospital, home for dependents or other similar instltutto~ existing at the time of passage of this or- dinance. All uses excluded from a Business "E" District. smme as prescribed for a dwellings shall comply with the side and rear yard regulations of a Residence "D' District, and the IT ont yard regulatiom, s as provided herein for business buildings. ~or .... Oulldin~,S erected for other than dwelling purposes ex- clusively the yard requirements shall be as follows: Pront Yards: ~?here all the frontage on one side of the street is located in a Business "D" Distrlct, no front yard shall be required. ~ .......~ ~here part of the frontage on one side of the street -10- is located in~'~a Business "D" District and the remainder o? the frontage is in a Residence District, the front yard requirements of the abutting Residence District shall apply to the Business "D" District,. provided that no building shall be required to set back from the street line farther than any existing building between such proposed building and the boundary line separating the districts, and provided ~rther that on corner lots such requirements shall not be applied to the frontage on more than one street. Rear Yard: Every building erected on an interior lot extending back to an alley shall have a rear yard 16 feet in depth. Every build- lng erected on a corner lot extending back to an alley shall have a rear yard 16 fleet Un dep,~h along 50 per cent off the alley line. Side Yard: Where a lot in a Business "D" District abuts upon the side of a lot in a Residence District there shall be a side yard of not less than 3 feet iz] width; excepting that on a corner lot where the rear of such building abuts upon a Residence District, with no alley between the districts, there shall be a yard of not less than 10 feet in width measu~'ed from the boundary line between the dis- tricts, and such yard shall be provided in lieu of a rear yard. Lot Area per Pamil~: The requirements shall be the same for dwel- lings as prescribed for a Residence "C" District. SECTIOI~ 7. BUS!EElS "E" DISTRICTS In a Business "E" District:- Use: All · ' .. cuzlu~ngs and premises may be used for any use permitted in a Business "D" District or for ally other use except the following: 1. Abattoir. 2. Acetylene gas 3. Acid, ammonia, ~. Asphalt manufacture ~. Bag cleaning. manufacture or storage. bleaching powder, or chlorine manufacture. or r e±'ining. 7. 8. 9. 10. 11. 12. 13. l~i. 15. 16. 17. 18. 19. 20. 21. Blast furnace, rolling mill, or smelter. Boiler works. Brick, tile, or terra cotta manufacture. Burlap manufacture. Candle manufacture. Celluloid manufacture. Cement, lime, gypsum or plaster of Paris ma~&~%~e, Coke oven~. 0oal tar products manufacture. Crematory (Not including those in cemeteries). Creosote treatment or manufacture. Dextrin~ glucose, or starch manufacture. Disinfectants or insecticide manufacture. Distillation of bones, coal, or wood. Dyestuff manufacture. Emery cloth or sand paper manufacture. Fat rendering; soap, tallow, greaseJ or lard manufacturing or rendering. 23. Fertilizer manufacture or potash rendering. 24. Fireworks or explosives manufacture or storage. 25. Flour mill or cereal manufacture. 26. Forge plant. 27. Fuel manufacture. 28. Garbage, offal~ or dead animal reduction or dumping. 29. Gas manufacture. 30. Gasoline storage in excess of amount ne ce~ary / premises or in supplying retail trade.~/ Sl. Glue, slze~~ or gelatine manufacture. 32. Gunpowdermanufacture or storage., 33. Iron, steel, brass or copper foundry or ~4. Lampblack manufacture. 35. Lime manufacture. for use on fabrication plant. ~$. ~atch manufacture. 57. Oil cloth or linoleum manufacture. 58. Ore reduction. 59. Oiled goods manufacture. 40. Paper or pulp manufacture. 41. Paint, oil, shellac, turpentine~ 42. Petroleum refining. 45. Potash works. 44. Printing ink manufacture. 45. P~roxylin manufacture. 46. Rock crashing. 47. Rubber or gutta percha manufacture. 48. Sawmill. 49. Soda or compound manufacture. 50. Stockyards. 51. Stone mill or quarry. 52. or varnish manufacture. Storage or baling of scrap paper, iron, bottles, rags, or junk Iincluding junked automobiles) except when enclosed within a building. 56. Sugar refining. 54. Tanning, curing, or storage of raw hides or skins. 55. Tar distillation or manufacture. §6. Vinegar manufacture. 57. Wool pulling or scouring. ~ 58. Waterproofing or tar roofing manufacture. 59. And, in general, those uses which may be injurious, noxious~ or offensive by reason of emission o£ odor, dust, smoke, gas: or noise. Height: No building shall exceed a height of 125 feet, provided that any portion of a building may be erected to a greater height prev£~d such portion of such building is set back from all street, alley, and lot lines a distance of 1 foot for each 2 feet of such additional height. Loading Space: Every building erected on a lot abutting upon an alley shall provide a loading space for the use of commercial vehicles serving such buildings. Such loading space, unless adequately provided else~lere on the lot, shall extend not less than 14 feet in depth back from the alley line ~ong 50 per cent of the alley frontage, but in no case along less than 25 feet. In lieu of the foregoing requirement, a lot 50 feet or more in width may provide a loading space of not less than 10 feet in depth back from the alley line along the entire alley frontage. ~/ ~ ........... The above regulations shall not be applied to re- quire any portion of a loading space within 50 feet of any street line. A loading space requirement may be modified or waived by the Board of Adjustment upon application in the case of a bank, theatre, or other building of similar limited loading space requirements. Side Yards and Lot Area ~er Family: Buildings used exclusively for dwellings shall comply with the regulations of a Residence "0" District. ~ Touris~ camps shall provide a lot area of not less than 800 Square feet per family and side yards and courts as required for group houses. ~Section lC, Item 10, "b" and "~". SECTION 8. INDUSTRIAL "~,' DISTRICTS In an Industrial "~. District:- Use: Any use shall be permitted not in conflict with any o~dinance of the City of Pueblo regulating nuisances; and providing that the location of the following uses be approved by the Board of Adjustment: 1. Acid ~anufacture. 2. Cement, lime, gypsum, or plaster of Paris manufacture. %/" 3. Distillation of bones. 4. Fertilizer manufacture. 6. Eat rendering. 6. Fireworks or explosives manufacture and storage. 7. Garbage, offal~ or dead animal reduction or dumping. 8. Gas manufacture. 9. Glue manufacture. 10. Petroleum refining. ll. Smelting of ore. 12. Stockyards or abatteir. 13. Tannery. Height: No building shall exceed a height greater than 125 feet. Loading Space: The requirements shall be the same as prescribed for a Business "E" District. Side Yards and Lot Area per Family: Buildings used exclusively for dwellings shall comply with the regulations of a Residence "C" District. Touris~ camps shall provide a lot area of not less than 800 square feet per family and side yards and courts as required for group houses. (See Section 10, Item 10, "~' and~-~e~. SECTION 9. A~OESSORY USES I~ RES!D~;OE DISTRICTS A use customarily incidental to a use permitted in a residence dis- trict shall be permitted when located on the same lot, including also home occupations engaged in by the occupants of a dwelling not involving the conduct of a trade or business on the premises, and including also the office of a physician, surgeon, dentist, musician, artist~ or other professional person within h~s private residence. No advertising sign of any character shall be permitted in a residence district except signs pertaining to the lease, sale, construction, or improvement of a lot or building on which placed, and not exceeding -15- a total area Sf 12 square feet, and except further that on a lot occu- pied by a dwelling a sign pertaining to the use tnereo~ or bearing the name or od~upation of au occupant shall be permitted, such sign shall be attached to the dwelling and shall not square foot in area. provided exceed one SECTION 10. EXCEPTIONS The foregoing requirements shall be ceptions: Use: 1. Any lot in a Residence width which immediately adjoins subject to the following ex- District not more than 75 feet in a Business District may be used for a two-family dwelling, provided such dwelling conforms to the height and yard requirements of a Residence "A" District and to the lot area per family requirements of a Residence "B" District. 2. Any lot in a Residence "B" District not more than 75 feet in width which immediately adjoins a ~lsiness District may be used for a multiple dwelling, provided such dwelling conforIns to the height &nd yard requirements of a Residence "B" District, and to the lot area per family requirements of a Residence "9" District. Heisht: 1. The provisions of this ordinance shall not apply to restrict the height of chimneys, stacks, water to~,~rs, pent houses, scenery lofts, radio towers, monuments, cupolas, domes, spires, belfries and neces- sary mechanical appurtenances. 2. A parapet wall not exceeding ~ feet in height may be erected above the height limit in any district. Area: 1. ~n any district requiring a front yard, where lots c~mprising 40 per cent or more of t~e frontage are developed with buildings, every building hereafter erected shall provide a front yard of no less depth thal~ the average depth o£ the front yards of existing buildings, provided that no existing building of a more restricted use type than the proposed building shall be counted in so determining the required front yard, and provided that in no case shall a front yard be required more than 40 feet in depth. 2. In computing the depth of a rear yard for any building where such yard opens onto an alley, one-half of such alley may be assumed to be a portion of the rear yard. 3. In a Residence District an accessory building of not ~ore than 12 feet in height may occupy not more than 30 per cent of a rear yard as required herein, but no accewsory building ~lall be within ~ feet of its rear lot line where such line forms part of the front half of the side line of an adjoining lot. 4. On a through lot the front yard requirements of the district in ~,~tich such lot is located ~hall apply to both street frontages. 6. In a Business or Industrial District, where dwellings are erected above stores, the front and side yard requirements for dwellings shall be waived, provided that not less than l~ per cent of the lot area of co~ner lots and not less than 20 per cent o£ the lot area of interior lots shall be open to the sky from a level not more than ~ feet above the floor level o~ any room used for dwelling.purposes. 6. On corner lots the side yard regulations shall be the same as for interior lots except in the case cE reversed frontage where the corner lot faces an intersecting street. In this case there shall be a side yard along the street side of the corner lot of a width equal to not less than ~0 per cent of the depth of the front yard re- quired on the lots in the rear of such corner lot, and no accessory building on the corner lot shall pro~ect ~earer the street than the front yard line of the lots in the rear. 7. Any lot shown of rebord tinder separate o~mership on the effec- tive date of this ordinance and having less area than required herein may be occupied by not more than one family. 8. Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projections of steps and open terraces, and the projections of window sills, belt courses, and other ornamental features to the extent of not more than 4 inches. Cornices and eaves m~y extend not more than 2-i/2 feet into a required yard provided they be not nearer a side lot lime then l-l/2 feet. Open terraces mud one-story unenclosed porches may extend not more than l0 feet into a required front yard, provided they shall not be closer to m~ adjoining pmeperty line than the required width of the side yard. Boundary walls and fences may be erected in a side yard to a height not exceeding 5 feet and in a rear yard to a height not exceedin~ 6 feet. An ornmoental fence may be erected in a front yard to a height not exceeding 4 feet, provided that the ratio of the solid portion of the fence to the open shall not exceed one to four. 9. Open or lattice-enclosed fire escapes, fireproof outside stair- ways and balconies projecting into a yard not more than 4 feet mid the ordinary projections of chi~m~eys and flues may be permitted if placed so as not to obstruct light an5 ventilation. No cornice shall project over the street line more than 4 feet. lC. ~or the purpose of determining the yard requirements, group houses shall be considered as one building occupying one lot, subject to the following regulations: (a) There shall be a mini~uum distance of 6 feet between the sides of houses in a row. (b) The width of the required side yard shall be § feet, plus an additional width of 8 inches for each building abutting thereon. lc) The width of the court between the rows of houses shall be not less than twice the width of the side yard, provided t~zat ~:~ere a roadway is constructed in the court the width of such oou~t shall be measured exclusive of the roadway width. (d} The lot area per family shall be not less than 800 square £eet. (e) All other requirements, yards, shall be complied with for houses are located. including front, side, and rear the district in which such group SECTION 11. NON- OONPOP~dING USES The lawful use of a building existing on the effective date of this ordinance, or authorized by a building permit issued prior thJereto, may be continued, although such use does not conform with the provisions of this ordinance, and such use nmy be extended throughout the build- ing. No non-conforming use shall be extended so as to displace a conforming residential use. A non-conforming use may be chauged to a use of the same or higher classification according to the provisions of this ordiz~ance. Whenever a district shall hereafter be changed, any then-existing, no~-conforming use in such changed district may be continued or ch~ged to a use of a similar or higher classification, provided all other regulations governing the new use are complied with. Whenever a non-conforming use of a building has been discon- tinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a use of a lower classi- fication. NO building which has been damaged by fire or other causes to the extent of more than seventy-five per cent of its value shall be repaired or rebuilt except in conformity with the regulations of this ordinance. SECTION 1~. A~.,IINISTRATION Administrative Officer: This ordinance shall be enforced by the building inspector. The building inspector shall have authority to -19- spects to building merit. grant buildin~ permits and certiflcateE of occupancy, to make inspec- tions and to make all decisions necessary to a proper carrying out of the provisions of this ordinance. No oversight or dereliction on the part of the buildini~ inspector or his authorized assistants or on the part of any official or employee of the City of PaBblo shall le- galize, authorize~ or excuse the violation of any of the provisions of this ordinance. Buildin~ Permits: I7o permit shall be issued by the building inspector for the construction, alteration,or moving of any building or part thereof, or for the use of any premises unless the plans and intended use indicate that the building and premises are to conform in all re- the provisions of this ordinance, or unless s~ch proposed or use s~ll have been duly auttnorized by the Board of ~dJust- All applications for building permits shall be accompanied by a plat showing the lot to be built upon, the location of the building on the lot, accurate dimensions of building and lot and other information as may be necessary to provide for the enforcement of these regulations. A careful record of the original copy of such applications and plate shall 'be kept in the office of the building inspector and t:a~ duplicate copy shall be kept at the buildi~g at all times during construction. The building inspector shall require that lot lines be defined on the ground before construction, of or excavation for a building is commenced, 0ertificat, es of 0ccu~anc[: No land shall be used or occupied~ ex- cept for farming and gardeningi and no building hereafter erected or structurally altered shall be used or changed in use until a certifi- cate of occupancy shall have been issued Oy the building inspector stating that the building or the proposed use thereof complies with the provisions of this ordinance. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a non- confoEning use. 2 certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident wit!~ the appli- -20- ca, ion.for a building permit and shall be issued within l0 days after the erection or structural alteration of such building, or parS, shall have been completed in conformity with the provisions of this ordin- ance. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished, on request, to any persons haviz~ a proprietary or tenancy interest in the building affected. No permit for excavation for, or erection of, any building or part of a 'building, or for reD~i~s to, or alteration of, a building shall be issued until after a statement of its intended use has been filed by the applicant. Completion of Structures and Pending Appltcatio?~: Nothing herein' contained shall require any change in the plans, construction, or in- tended use of a building for which a building permit has been hereto- fore issued and the construction of which shall have been diligently prosecuted within six months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months, and which entire building shall be completed, according to such plans ~$ filed, within two years from the effective date of this ordinance. SECTIOII 13. BOARD OF ADJUST~JS~NT A Board of Adjustment is hereby established, Such Board, consist- ing Of five members, shall be appointed by the Council, and shall have the powers and be controlled 'by the provisions 6f Article IV, SeCtion 21, of the ~harter of Pueblo. The Board or'Adjustment may, in appropriate cases, a~ter public no- tlcle and hearing and subject to appropriate conditions and safeEuards, make special exceptions to the terms of this ordinance in harmony with its general P. Urpose and intent, as follows: Ia) Permit the location in any district of a state or m~u]fcipai building, public utility, airport, amusement park, fair grounds, cemetery, hospital or sanitarium, gravel or sand pit, con~ercial greenhouse, and institutions of an educational,~ correctional, philan- thropic or eleemosynary nature. lb) Permit the extension of a non-conforming use or building upon the lot occupied by such use or building on the effective date hereof. lc) Permit the extension of an existing or proposed building or use Into a more restricted district immediately adjacent thereto but not more than 50 feet beyond the boundary line of the district, under such conditions as will safeguard the character of the more restricted district. ~d) Grant in undeveloped sections of the city temporary and condi- tional peri. ts for not more than five-year periods for structures and uses in contravention of the requirements of this ordinance. Ie) Permit such modification of the regulations pertaini~g to yards and lot area per family as may be necessary to secure an appropriate improvement of a lot where such lot was ssparately owned on the effec- tive date hereof and is of ~ch restricted area that it eau not be ap- propriately improved without such modification. (f) Permit in any district such modification of the requirements of these regulations as may be ~ecessary to secure an appropriate de- velppment of a lot where adjacent to such lot there are buildings that do not confoE~ to these regulations. Ig) Permit the location in a Business "D" District of any building or use auti~orized in a Business "E" District; or the location in a Residence District of any building or use authorized in any other resi- dence district or in a Business "D" District; provided there shall be on file with the Board of Adjust~uent the consents, duly sighed and acknowledged, of the o~ers of 90 per cent of all the land ~' ' ' such area ss the said Board shall have determined to be specially af- fected by such proposed use or building, but such consents shall not be required for those uses specified in paragraph "a" of this section. -22- (h) Grant a permit wherever it is provided in this ordinance that the approval of the Board of Adjustment is required. ti) Interpret the boundaries of districts where the street layout actually on the ground varies from the' street layout shown on the Zoning District Eap in such a way as to carry out the intent and pur- pose of the map. SECTION 14. VIOLATION /~,ID P~zLTY /ny person, firm, or corporation who violates, disobeys, omits, ngglects? or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall, upon conviction, be fined in a sum not less than One Dollar nor more than Three Hun- dred Dollars for each offense. Each day that a violation is per- mitted to exist shall constitute a separate offense. SECTION 15 V/LID!TY Should alkv section, sentence, clause, phrase. ordinance be declared by any court of competent valid, whole valid. or provision of this jurisdiction to be in- the same s~ll not affect the validity of the ordinaroe as a or any part thereof, other t~lan the part so declared to be in- /pproved: ~ttest: Introduced ~ ~ 19~1 Commissioner dent of Com~ctl City Clerk ~