HomeMy WebLinkAbout03176ZONING ORDINANCE
(As Revised by the City
Planning & Zoning Commission
after a series of Hearings)
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ZONING ORDINANCE
Table of C
Ob3X
PPI:AiNMIE . . . . . . .
. . . . . . . . . . . . . . . . . I
ec ESTABLISHMENT OF DISTRICTS , , , , , , , , , , , , , , , , , , , , 2
1. Official Zoning Map . . . . . . . . . . . . . . 2
2. Replacement of Official Zoning Map . . . . . . . . . . . . . 2
sec. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES . . . . . . , . . 3
Sec_ 3 .- CATZON OF DISTRICT REGULATIONS . . . . . . . . . . . , 4
Sec w NOF:, LOTS. NON - CONFORMING USES OF LAND. NON-
CERTIFICATES OF.'ZONING COMPLIANCE . . . . . . . . . . . . . . . . 39
1. Administration and a^rforcement . . . . , . , . . . . . ♦ 39
24 Building permits Ragyitad . .'. 39
3. Application for Building Permit . . • .. ... 39
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r u ru�n� aND N ON- CQNFORMING CHARACTERISTICS OF USE .
. . . . .
5
1.
Intent
5
2.
Non - Conforming Lots of Record . . . . . . .
6
3.
Ncn- Conforming Uses of Land (Or Land with Minor
Structures Only) . . . . . . . . . . . . . . . . . .
. . . . .
6
4.
Non- Conforming Structures . . . . . . . . .
. . . . ,
7
5.
Non- Conforming Uses of Structures or of Structures
I
and Premises in Combination . . . . . . . . . . . .
. . . . .
7
6.
Repairs and Maintenance . . . . . . . .
. . . . .
8
7,
Uses Under Use by Review Provisions Not Non -
Conforming Uses . . . . . . . . . . . . .
.
9
Sec, 5
SCHEDULE OF DISTRICT REGULATIONS ADOPTED . . . . . . . .
.
9
1.
Fart I, Residential . . . . . . v . . . . . . . . .
. .
. . . . .
10
2.
Fait II, Non Residential . . a . . . . . . . . .
. . . . .
l0a
3.
Part III, Multiple Residential , . . . . . . .
. . . . .
11
4,
Part IV, Non Residential . . . . . . . . . . .
. . . . .
13
S PC. 6
SUP PLEMENTARY DISTRICT REGULATIONS . . . . . . .
. . . . .
15
1.
Visibility at Intersections in Residential Districts . . . .
15
2.
Fences, walls, and Hedges . . . . . . . . . . . . .
. . . . .
15
3.
Accessory Buildings . . . . . . . .
.. . . . .
15
4.
Erection of More than One Principal Structure on a Lot . . .
15
5.
Exceptions to Height Regulations . . . . . . . . .
. . . . .
16
6.
Structures to Have Access . . . .
. . . . .
16
7.
Parking, Storage, or Use of Major Recreational Equip-
ment . . , . . . . . . . . . . . . . .
. . . . .
16
8.
Parking and Storage of Certain Vehicles . . . . .
. . . . .
16
9.
Special Area Plans . . . . . . . . . . . . . . . .
. . . . .
16
10.
Public Utilities . . . . . . . . . . . . .
. . . . .
18
Sec. 7
OFF - STREET PARKING REQUIREMENTS . . . . . . . . . . . .
. . . . .
18
1.
Off- Street Loading . . . . . . . . . . . . . . . .
. . . . .
18
2.
Off.- Street Parking - Residential . . . . . . . . .
. . . .
19
3.
Off- Street Parking - Non Residential . . . . . . .
. . , . .
19
S ec. 8
USE
INDEX . . . . • • . , , , ,
. . ,
21
1.
Agricultural Three(A -3) and Four (A -4) Districts .
. . . . .
22
2.
Single - Family Residential District (R -1) . . . . .
. . . . .
22
3.
Single - Family Residential District (R -2) . . . . .
. . . . .
22
4.
Single - Family Residential District (R -3) . . . . .
. . . . .
23
5.
Mired Residential District (R -4) . . . . . . . .
. . . . .
23
6.
Multiple- Residential and Office District (R -5) . . .
. . . . .
24
7.
Multiple - Residential and Commercial District (R -6)
. . . , .
25
8.
Mobile Home Residential District (R -7) . . . . . .
. . , , ,
26
9.
Naighborhood Business District (B -1) . . . . . . .
. . . . .
27
10.
Subregional Business District (B -2) . . . . . . . .
. . . . .
27
11.
ReCional Business District (B -4) . . . . . . . . .
. . . . .
28
12.
Special Industrial District (I -1) . . . . . . . . .
. . . . .
28
13.
Light Industrial District (I -2) . . . . . . . . . .
. . . . .
31
14.
Heavy Industrial District (I -3) . . . . . . . . . .
. . . . .
36
15.
Public Use District (S -1) . . . . . . . . . . . . .
. . . . .'.
36
16.
Airfield District (S -2) . . . . . . . . . . , .
, . . . .
37
17.
Flood Plain District (S -3) . . . . . . . . . . . .
.
38
18.
Parking District (S -4) . . . . . . . . . . . . . .
♦ ♦ . .
. . . . .
38
Sec, 9
ADMINISTRAT ON AND ENFORCEMENT - BUILDING PEEMITS AND
CERTIFICATES OF.'ZONING COMPLIANCE . . . . . . . . . . . . . . . . 39
1. Administration and a^rforcement . . . . , . , . . . . . ♦ 39
24 Building permits Ragyitad . .'. 39
3. Application for Building Permit . . • .. ... 39
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4. Certificates of Zoning Compliance for New, Altered,
or Non - Conforming Uses . . . . . . . . . . . . . . . .
5. :Lxoiration of Buildin¢ Permit . . . . . . . .
6. Construction and Use to be as Provided in Applications,
Plans, Permits, and Certificates of Zoning Compliance . . . .
S ec, 3. ZON BOARD OF APPEALS: ESTABLISHMENT AND PROCEDURE . . . . . .
1. Proceedings of the Zoning Board of Appeals . . . . . . . . .
2. Hearings; Appeals; Notice . . . . . . . . . . . . . . . . . .
3. Stay of Proceedings . . . . . . . . . . . . . . . .
Sac,_ 11 ZCNIN3 EOARD OF APPEALS: POWERS AND DUTIES . . . . . . . • .
-�
1, Administrative Review . . . . . . . . . . . . . . . .
2. Limited Use Permits - Limited Permit Uses . . . . . . . .
ises by Review: Conditions Governing Application . . . .
4. Variances; Conditions Governing Applications; Prccedures
5. Roard Has Powers of Administration Office on Appeals;
:reversing Decision of Administrative Official . . . . . . . .
fe e, 12 A PPEA L S FROM THE ZONING BOARD OF APPEAL . . . . . . . . . .
Sec. 13 PU_TIM OF ADMINISTRATIVE OFFICIAL, ZONING BOARD 0d' APPE
CI'iT C -0UNCIL, AN COUP,TS ON MATTERS OL APP. - °•A • • . . .
Sac. 1.4 SCHEW OF FESS, CHARGES, AND EXPENSES . . . . . . . . . . . . •,
SNTS .
. . . . . . . . . . . . . . . . . . . . . .
r 1. Application . . . . . . . . . . . . . . . . . . . . . . . . .
2. Hearing; Notice . . . . . . . . . . . . . . . . . . . .
3. Initiated by Commission . . . . . . . . . . . . . . . . . . .
4. Recommendations to Council . . . . . . . . . . . . . . .
Costs, Deposits; Re- Applying . . . . . . . . . . . . . . .
Council Consideration . . . . . . - .
7. -Resolution of Intent to Re -Zone . . . . . . .
Sec ]6 P RO i ISIONS OF ORDINANCE TO BE MINIkSa EQUIP,F, . . . . . .
e 17 CO REGARDING VIOLATIONS . . . . . . . . . . . . .
S ec. 18 PENA FOR VIOLATION . . . . . . . . . . . . . . . . . . .
sea 1 SEPARABILITY CLAUSE . . . . . . • . • . . . . . • • . . . . .
g ee 7 20 DEFINITIONS . . . . . . . . . . . • • • • • •
Sec 21 REPEAL OF CONFLICTING ORDINANCES: EFFECTIVE DATE . . . . . . . . .
39
40
41
41
41
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42
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65
A�IU u�
ORDINANCE NO. 31 76
AN ORDINANCE ESTABLISHING COMPREHENSIVE
ZONING REGULATIONS FOR THE CITY OF
PUEBLO, COLORADO, AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT, AND AMEND-
MENT THEREOF, IN ACCORDANCE WITH THE
CHARTER OF THE CITY OF PUEBLO, AND FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH
WHEREAS, the Charter of the City of Pueblo empowers the City to enact a
Zoning Ordinance and to provide for its administration, enforcement, and amendment,
and
WHEREAS, the City Council deems it necessary, for the purpose of promoting
the health, safety, morals, or general welfare of the City to enact such an ordi-
nance, and
WHEREAS, the City Council, pursuant to the provisions of the Charter of
the City of Pueblo has appointed a Planning and Zoning Commission to recommend the
boundaries of the various original districts and appropriate regulations to be
enforced therein, and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such districts, in accordance
with a comprehensive plan, and designed to lessen congestion in the streets; to
secure safety from fire, panic, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of lands; to
avoid undue concentration of population; to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public requirements, and
WHEREAS, the Planning and Zoning Commission has given reasonable consider-
ation, among other things, to the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout the municipality, and
WHEREAS, the Planning and Zoning Commission has made a preliminary report
and held public hearings thereon, and submitted its final report to the City Council,
and
WHEREAS, the City Council has given due public notice of hearings relating
to zoning districts, regulations, and restrictions, and has held such public
hearings, and
WHEREAS, all requirements of the Charter of the City of Pueblo with regard
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to the preparation of the report of the Planning and Zoning Commission and subsequent
action of the City Council have been met; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that:
SECTION 1. ESTABLISHMENT OF DISTRICTS:
1, Official Zonin Ma . The City of Pueblo is hereby divided into zones,
or districts, as shown on the Official Zoning Map, Pueblo, Colorado, which, together
with all explanatory matter thereon, is hereby adopted by reference and declared to
be a part of this ordinance.
The Official Zoning Map shall be identified by the signature of the
Administrative Official attested by the City Clerk, and bearing the seal of the city
under the following words: "This is to certify that this is the Official Zoning Map
referred to in Section 1 of Ordinance Number , of the City of Pueblo, Colorado,"
together with the date of the adoption of this ordinance.
If, in accordance with the provisions of this ordinance, changes are made
in district boundaries or other matter portrayed on the Official Zoning Map, such
changes shall be entered on the Official Zoning Map promptly after the amendment has
been approved by the City Council, with an entry on the Official Zoning Map as
follows: "On (date), by official action of the City Council, the following (change)
changes were made in the Official Zoning Map: (brief description of nature of
change)," which entry shall be signed by the Administrative Official and attested by
the City Clerk. No amendment to this ordinance which involves matter portrayed on
the Official Zoning Map shall become effective until after such change and entry
have been made on said map.
No changes of any nature shall be made in the Official Zoning Map or
matter shown thereon except in conformity with the procedures set forth in this
ordinance. Any unauthorized change of whatever kind by any person or persons shall
be considered a violation of the Code of Ordinances of the City of Pueblo.
Regardless of the existence of purported copies of the Official Zoning Map
which may from time to time be made or published, the Official Zoning Map, which
shall be located in the office of the Adminstrative Official, shall be the final
authority as to the current zoning status of land and water areas, buildings, and
other structures in the city.
2. Replacement of Official Zoning Map In the event that the Official
Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of
the nature or number of changes and additions, the City Council may by resolution
adopt a New Official Zoning Map which shall supersede the prior Official Zoning Map.
2 -
The new Official Zoning Map may correct drafting or other errors or omissions in the d
prior Official Zoning Map, but no such correction shall have the effect of amending
the original Official Zoning Map or any subsequent amendment thereof. The new
Official Zoning Map shall be identified by the signatures of the Administrative
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Official and the Director of Public Works attested by the City Clerk, and bearing
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the seal of the City under the following words: "This is to certify that this
Official Zoning Map supersedes and replaces the Official Zoning May adopted (date of
adoption of map being replaced) as part of Ordinance No, of the City of
Pueblo, Colorado."
Unless the prior Official Zoning Map has been lost, or has been totally
destroyed, the prior map or any significant parts thereof remaining, shall be pro -
served, together with all available records pertaining to its adoption or amendment.
SECTION 2. RULES FOR INTERPRETAT OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts as shown on the
Official Zoning Map, the following rules shall apply:
1. Boundaries indicated as approximately following the center lines of
streets, highways, or alleys shall be construed to follow such center lines;
2. Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines;
3. Boundaries indicated as approximately following city limits shall be
construed as following such city limits;
4.. Boundaries indicated as following railroad lines shall be construed to
be midway between the main tracks;
5. Boundaries indicated as approximately following the center lines of
streams, rivers, canals, lakes, or other bodies of water shall be construed to follow
such center lines;
,6. Boundaries indicated as parallel to or extensions of features indicated
in subsections 1 through 5 above shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale of the map;
7. Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map, or in other circumstances not
covered by subsections 1 through 6 above, the Zoning Board of Appeals shall interpret
.the district_bougdaries.
g. Where a dietrLct boundary line divides a lot which wad in single
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ownership at the time of passage of this ordinance, the Zoning Board of Appeals may
permit, as a special exception, the extension of the regulations for either portion
of the lot not to exceed 50 feet beyond the district line into the remaining portion
of the lot.
SECTION 3. APPLICATION OF DISTRICT REGULATIONS
The regulations set by this ordinance within each district shall be
minimum regulations and shall apply uniformly to each class or kind of structure or
land, and particularly, except as hereinafter provided:
1. No building, structure, or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved, or altered except in conformity with all of the regulations
herein specified for the district in which it is located.
2. No building or other structure shall hereafter be erected or altered:
(a) to exceed the height or bulk;
(b) to accommodate or house a greater number of families;
(c) to occupy a greater percentage of lot area;
(d) to have narrower or smaller rear yards, front yards, side yards,
or other open spaces
than herein required; or in any other manner contrary to the provisions of this
ordinance.
3. No part of a yard, or other open space, or off - street parking or
loading space required about or in connection with any building for the purpose of
complying with this ordinance, shall be included as part of a yard, open space, or
off - street parking or loading space similarly required for any other building.
4. No yard or lot existing at the time of passage of this ordinance shall
be reduced in dimension or area below the minimum requirements set forth herein.
Yards or lots created after the effective date of this ordinance shall meet at least
the minimum requirements established by this ordinance.
5. Any area annexed to City whether by unilateral annexation or other-
wise, shall be classified in the City zone or classification district most nearly
corresponding to the zone or classification district into which the said area has
been classified under the terms and provisions of the Pueblo County Zoning'Resolution.
Nothing contained herein shall be construed to limit the power of the City Council
to zone or rezone land classified under this provision.
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A petition for the zoning or rezoning of land being annexed to the City
may be filed concurrently with the petition for annexation of such land. The
Planning and Zoning Commission may hear the petition for rezoning and make its
recommendations thereon prior to annexation of the land, but such zoning or rezoning
of land being annexed may be a part of the ordinance annexing such land.
1. Intent Within the districts established by this ordinance or amend-
ments that may later be adopted there exist:
(a) lots,
(b) structures,
(c) uses of land and structures, and
(d) characteristics of use
which were lawful before this ordinance was passed or amended, but which would be
prohibited, regulated, or restricted under the terms of this ordinance or future
amendment. It is the intent of this ordinance to permit these non - conformities to
continue until they are removed, but not to encourage their survival. It is further
the intent of this ordinance that non - conformities shall not be enlarged upon, ex-
panded or extended, nor be used as grounds for adding other structures or uses
prohibited elsewhere in the same district.
Non - conforming uses are declared by this ordinance to be incompatible with
permitted uses in the districts involved. A non - conforming use of a structure, a
non - conforming use of land, or a non - conforming use of structure and land in combin-
ation shall not be extended or enlarged after passage of this ordinance by attach-
ment on a building or premises of additional signs intended to be seen from off the
premises, or by the addition of other uses, of a nature which would be prohibited
generally in the district involved.
To avoid undue hardship, nothing in this ordinance shall be deemed to
require a change in the plans, construction, or designated use of any building on
which actual construction was lawfully begun prior to the effective date of adoption
or amendment of this ordinance and upon which actual building construction has been
carried on diligently. Actual construction is hereby defined to include the placing
of construction materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing building has been substan-
tially begun preparatory to rebuilding, such excavation or demolition or'removal
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shall be deemed to be actual construction, provided that work shall be carried on
diligently.
2. Non - Conforming Lots of Record In auy district permitted structures
and customary accessory buildings may be erected on any single lot of record at the
effective date of adoption or amendment of this ordinance, notwithstanding limita-
tions imposed by other provisions of this ordinance. Such lot must be in separate
ownership and not of continuous frontage with other lots in'the same ownership.
This provision shall apply even though such lot fails to meet the requirements for
area or width, or both, that are generally applicable in the district, provided that
yard dimensions and requirements other than these applying to area or width, or both,
of the lot shall conform to the regulations for the district in which such lot is
located. Variance of yard requirements shall be obtained only through action of the
Zoning Board of Appeals.
If two or more lots or combinations of lots and portions of lots with
continuous frontage in gingte ownership are of record at the time of passage or
amendment of this ordinance, and if all or part of the lots do not meet the require-
ments established for lot width and area, the lands involved shall be considered to
be an undivided parcel for the purposes of this ordinance, and no portion of said
parcel shall be used or sold in a manner which diminishes compliance with lot width
and area requirements established by this ordinance, nor shall any division of any
parcel be made which creates a lot with width or area below the requirements stated
in this ordinance, and no variance or exception shall be made or granted which will
permit the creation of a non - conforming structure or use upon any such parcel.
3. Non - Conforming Uses of Land (Or Land with Minor Structur Orl -
Where at the time of passage of this ordinance lawful use of land exists which would
not be permitted by the regulations imposed by this ordinance, and where such use
involves no individual structure with a replacement cost exceeding $1,000, the use
may be continued so long as it remains otherwise lawful, provided:
(a) No such non - conforming use shall be enlarged or increased, nor ex-
tended to occupy a greater area of land than was occupied at the
effective date of adoption or amendment of this ordinance;
(b) No such non - conforming use shall be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such use at
the effective date of adoption or amendment of this ordinance;
(c) If any such non - conforming use of land ceases for any reason for a
period of more than 30 days, any subsequent use of such land shall
6 _
conform to the regulations specified by this ordinance for the
distri.ct in which such land is located.
(d) No additional structure not conforming to the requirements of this
ordinance shall be erected in connection with such non - conforming
use of land.
4. _ Non -CCo nforming . Stru Where a lawful structure exists at the
effective date of adoption or amendment of this ordinance that could not be built
under the terms of this ordinance by reason of restrictions on area, lot coverage,
height, yards, its location on the lot, or other requirements concerning the struc-
ture, such structure may be continued so long as it remains otherwise lawful, sub -
ject to the following provisions:
(a) No such non- conforming structure may be enlarged or altered in a way
which increases its non-conformity, and no variance or exception
shall be made which increases its non - conformity, but any structure
or portion thereof may be altered to decrease its non - conformity.
(b) Should such non - conforming structure or non - conforming portion of
structure be destroyed by any means to an extent of more than 50 per
cent of its replacement cost at time of destruction, it shall not be
reconstructed except in conformity with the provisions of this
ordinance.
(c) Should such structure be moved for any reason for any distance what-
ever, it shall thereafter conform to the regulations for the district
in which it is located after it is moved.
5. Non-Conforming Uses of Structures or of Structures and Premises in
Combination. If lawful use involving individual structures with a replacement cost
of $1,000 or more, or of structure and premises in combination, exists at the effec-
tive date of adoption or amendment of this ordinance, that would not be allowed in
the district under the terms of this ordinance, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this ordi-
nance in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved, or structurally altered
except in changing the use of the structure to a use permitted in the
district in which it is located;
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(b) Any non - conforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use at
the time of adoption or amendment of this ordinance, but no such use
shall be extended to occupy any land outside such building;
(c) If no structural alterations are made, any non - conforming use of a
structure, or structure and premises, may as a special exception be
changed to another non - conforming use provided that the Zoning Board
of Appeals, either by general rule or by making findings in the
specific case, shall find that the proposed use is equally appro-
priate or more appropriate to the district than the existing non-
conforming use. In permitting such change, the Zoning Board of
Appeals may require appropriate conditions and safeguards in accord-
ance with the provisions of this ordinance;
(d) Any structure, or structure and land in combination, in or on which
a non - conforming use is superseded by a permitted use, shall therz-
after conform to the regulations for the district, and the non-
conforming use may not thereafter be resumed;
(e) When a non - conforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for six consecutive
months or for 18 months during any three -year period except when
government action impedes access to the premises, the structure,
or structure and premises in combination, shall not thereafter be
used except in conformity with the regulations of the district in
which it is located;
(f) Where non - conforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall
eliminate the non- conforming status of the land. Destruction for
the purpose of this subsection is defined as damage to an extent
of more than 50 per cent of the replacement cost at time of
destruction.
6. fairs and Maintenance. On any non - conforming structure or portion
of a structure containing a non - conforming use, work may be done in auy period of
12 consecutive. months on ordinary repairs, or on repair of replacement of non-
bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 per
cent of the current replacement cost of the non - conforming structure or noncon-
forming portion of the structure as the case may be, provided that the cubic
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content existing when it became non - conforming shall not be increased.
If a non - conforming structure or portion of a structure containing a
ron- conforming use becomes physically unsafe or unlawful due to lack of repairs
and maintenance, and is declared by any duly authorized official to be unsafe or
unlawful by reason of physical condition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with the regulations of the district in
which it is located.
Nothing in this ordinance shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared to be
unsafe by any official charged with protecting the public safety, upon order of
such official.
7. Uses Under Use by Review Provisions Not Non - Conforming Uses. Any
use which is permitted as a use by review in a district under the terms of this
^rdivance (other than a change through Zoning Board of Appeals action from a non-
conforming use to another use not generally permitted in the district and other
than limited permit uses) shall not be deemed a non - conforming use in such
district, but shall without further action be considered a conforming use.
Any use which is permitted as a use by review under the terms of this
ordinance at the time of adoption of this ordinance shall be deemed a use by right.
SECTION 5. SCHEDULE OF DISTRICT REGULA ADOPTED
District regulations shall be as set forth in the Schedule of District
Regulations in Sec. 6 of this ordinance, entitled "Supplementary District Regula-
tions", and in Sec. 7, entitled "Off- Street Parking Requirements ", and in Sec. 8
entitled "Use Index ".
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R-4 DISTRI
Three -- Five - Family dwelling unit structures shall have 1,500 square
feetof lot area per dwelling unit.
Six- or mora - Family dwelling unit structures shall have a minimum of
feet
8,000 square feet of lot area or 1,000 square /per dwelling unit, which-
ever is greater, and shall provide at least 20% of the parcel in land-
scaped open space.
R -5 DISTRICT
Three -- Five - Family dwelling unit structures shall have 1,500 square
feetof lot area per dwelling unit.
Six -or- more - Family dwelling unit structures and other permitted uses
shall have a minimum of 8,000 square feet of lot area or 1,000 square
feet per dwelling unit, whichever is greater, and if one to three
habitable stories, shall provide at least 20% of the parcel in land-
scaped open space; if over four habitable stories, shall provide at
least 50% of the parcel in landscaped open space. Up to one -half of
the required open -space may be in the form of balconies of at least 4
feat wide or roofs developed and maintained as garden or recreation'
areas, but in no case shall space provided for off - street parking,
loading or road access ways be counted as open space; and provided
the other permitted uses shall provide a parcel of land at least 5,000
square feet. The performance standards in Section 5-4 shall apply in
the R -5 District.
R -6 DISTRICT
Three- Five - Family dwelling unit structure shall have 1,500 square feet
of lot area per dwelling unit.
Six -or more - Family dwelling unit structures and other permitted uses
shall have a minimum of 8,000 square feet of lot area or 1,000 square
feet per dwelling unit, whichever is greater, and if one to three
habitable stories, shall provide at least 20% of the parcel in land-
scaped open apace; if over four habitable stories, shall nrovtde at
least 50% of the parcel in landscaped open space. Up to one -half of
i u ti_
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the .squired open space may be in the form of balconies of at least 4
feet wide or roofs developed and maintained as garder. or recreation
areas, but in no case shall space provided for off - street parking, load-
ing or road access ways be counted as open space; and provided a net
area of 800 square feet of ground area shall be provided for each dwell-
ing unit, or room, or rental unit for transients in a hotel and /or motel;
and provided further the other permitted uses shall provide a parcel of
land at least 5,000 square feet. The performance standards in Section
5 -4 shall apply in the R -6 District.
r -7 DISTRICT
A net area of at least 2,400 square feet of lot area shall be provided
for each mobile home in a mobile home park, with a minimum dimension of
30 feet; provided no mobile home shall be closer than 10 feet to any
other mobile home or roadway; and provided no mobile home or accessory
building shall exceed 35 feet in height; and further provided walkways,
driveways and service buildings shall be well lighted, but all outdoor
lighting shall be directed away from adjacent properties.
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No mobile home park shall be operated until a permit is issued by the
City 4)ouncil and a license issued by the City Clerk. Failure to maintain
the grounds of the mobile home park free of nuisances, or to maintain all
required improvements in good operating condition shall be grounds for
revocation of the permit upon a majority vote of the City Council after
service of notice and hearing.
4. Schedule of District Regulations (Part IV. Non Resid ential ) The
applicant shall submit proof that he can or will meet the
applicable performance standards listed below.
(a) B -1, B -2 and B -4 Districts - Performance Standard
(1) All portions of the land area of the parcel and
the adjacent street rights -of -way and alleys upon
which it fronts shall be landscaped, graded, paved,
fenced, planted, or covered by buildings, so that no
dust will blow off the site and no soil or debris will
be washed upon the sidewalks, alleys or streets from
the parcel in the event of a rainstorm.
(2) All outdoor storage areas shall be enclosed by tight
fencing, walls or closely planted landscape material,
sufficient in height to totally obscure the storage
areas as seen from a height of 5 feet along the
property line, and such areas and all others shall be
constructed, used and maintained to have an orderly
appearance at all times.
(3) No smoke, odor, vibration, dust, glare or heat shall
be measurable beyond the outer boundaries of the parcel.
(b) I -1 District - :Performance Standards
(1) No sound resulting from the industrial or business
activity shall be measurable at the outer boundaries
of the parcel.
(2) No vibrations resulting from the industrial or business
activity shall be measurable at the outer boundaries
of the parcel.
(3) No odors resulting from the industrial or business
activity shall be discernable at the outer boundaries
of the parcel.
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(4) No observable smoke shall be emitted. Only electric-
ity, fuel oil or gas shall be used as fuels.
(5) No dust or dirt resulting from the industrial or
business activity shall be discernable beyond the
outer boundaries of the parcel.
(6) No noxious gases resulting from the industrial or
business activity shall be discernable beyond the
outer boundaries of the parcel.
(7) No glare or heat shall be discernable beyond the
outer boundaries of the parcel.
(8) All outdoor storage areas shall be enclosed in tight
fencing or closely planted landscape material, suffi-
cient in height to totally obscure the storage areas:
as seen from a height of 5 feet along the property
line and such areas and all others shall be main-
tained and constructed to have an orderly appearance
at all times.
(9) The front yard and aide yards shall be landscaped and
maintained in lawn, rocks, plant material, mosaic or
other attractive landscaping materials.
(c) 1- District - performance Standards.
(1) Sounds resulting from the industrial or business
activity shall not exceed an intensity of 60 decibels
at the outer boundaries of the -arcel.
(2) No vibration resulting from the industrial or busince;a
activities shall be measurable at the outer boundari.e:
of the parcel.
(3) No obnoxious or noxious odors resulting from the
industrial or business activities shall ba discernaile
at the outer boundaries of the parcel.
(4) Smoke emission shall not exceed Number 2 on the
Ringelman Chart.
(5) No dust, dirt or flyash shall exceed t7ao- ten.ths grain
per cubic foot of flue gas at a stack temperature of
500 degrees Fahrenheit.
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(6) No noxious gases resulting from the industrial or
business activity shall be discernable at the outer
boundaries of the parcel.
(7) No glare or heat shall be discernable beyond the outer
boundaries of the parcel.
(8) Industrial wastes shall be so deposited, stored, and
transmitted from the parcel as to not be objectionable
to adjacent properties or create a public nuisance.
(9) All outdoor storage areas shall be suitably fenced.
SECTION 6. SUPPLF1 DISTWICT REGULATIONS
1. Visibility at Intersections i Residential D i3tr.ic ts. On a corner lot
in any residential district, nothing shall be erected, placed, planted or allowed to
grow in such a manner as materially to impede vision between a height of two and
eight feet above the centerline grades of the intersecting streets in the area
bounded by the street lines of such corner lots and a line joining points along said
street lines 50 feet from the point of the intersection as measured at the curb line.
2. Fence R:dk es. Except as required in Section 6 -1, fences,
walls, and he.,iges may be permitted in any required yard, or along the edge of any
yard.
3. AccessorL_Buildinps. No accessory building shall be erected in any
required front, side or rear yard, and no separate accessory building shall be
erected within five feet of any other building, except that one -story accessory
buildings may be built to occupy not more than 307 of the rear yard nor more than
the rear 75% of one side yard; provided such building shall be constructed entirely
without setback from the side or rear property lines aside from dedicated utility
easements and provided further that the wall abutting upon the property line shall
be of 2 -hour fire resistive construction as defined in the Uniform Building Code
adopted by Sec. 10.1 of this ordinance, shall contain no openings, and the roof
shall not overhang or shed water on adjoining property.
k. Erection of More than One Princip Strur.ture n za� - nt In any
district, more than one structure housing a parrnitted or permissible principal use
may be erected on a single lot, provided that yard and other requirements of this
ordinance shall be met for each structure as though it were on an individual lot.
OUJN
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50 Excep tions t Height Regulations, The height limitations contained
is the Schadule of District Regulations do not apply to spires, belfries, cupolas,
antennas, water tanks, ventilators, chimneys, or other appurtenances usually re-
quired to be placed above the roof level and not intended for human occupancy,
except as otherwise provided in S -2 districts.
6. Structures to Have Access, Every building hereafter erected or moved
shall be on a lot adjacent to a public street, or with access to an approved private
street, and all structures shall be so located on lots as to provide safe and
convenient access for servicing, fire protection, and required off - street parking.
7. Parking, Storage, or Use of Major Recreational Equipment. For
purposes of these regulations, major recreational equipment is defined as including
boats and boat trailers, travel trailers, pick -up campers or coaches (designed to
be mounted on automotive vehicles), motorized dwellings, tent trailers, and the
like, and cases or boxes used for transporting recreational equipment, whether
occupied by such equipment or not. No major recreational equipment shall be parked
or stored on any street or street right -of -way. No such equipment shall be stored
on any lot in a residential district in such a manner as to impede visibility of
pedestrian or vehicular traffic. No such equipment shall be used for living, sleap-
ing, or housekeeping purposes when parked or stored on a residential lot, or in any
location not approved for such use.
8. Parking and Storage of Certain Vehicles. Automotive vehicles or
trailers of any kind or type including chassis or bodies of such vehicles without
current license plates shall not be parked or stored on any residentially zoned
property other than in completely enclosed buildings or in the rear yard area
enclosed by tight fencing sufficient in height to totally obscure such vehicles or
trailers as seen from a height of 5 feet along the property line. Such fencing and
the storage area shall be constructed, used and maintained so as to have an orderly
appearance at all times.
9. Spe Area Plans. In any zone district and on contiguous land
or composed of two or more contiguous parcels, a plan may be submitted to the
Planning and Zoning Commission proposing the unique development of such land or the
rehabilitation or redvelopment of an existing area with unique planning, building or
ownership techniques not adequately recognized by the terms of this ordinance for
the zone district in which the land is located, A public haaring shall be hold to
required by gee, 15 it in tLe judgment of the Plcnning•Aonmiasion the following
objectives can be satisfied, then the Commission may approve such a
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plan and its approval shall be final and binding and permits shall be issued. No
subsequent change in the plan may be made unless approved by the Commission after a
public hearing.
(a) If residential, the over -all net density of the area so planned,
exclusive of the street rights of way, is not greater than if each
individual parcel were built upon with a lot size conforming to the
requirements of the zone district.
(b) The plan provides for the use and continuous maintenance of any re-
maining open space as public land if the local governing body will
accept such land, or as land common to all properties or controlled
by a corporation composed of all present and future owners of all
property within the proposed development and provision is made for
the recording of such with each deed.
(c) Exceptions to minimum setback and lot width and depth requirements
for each building can reasonably be made so that the public health,
safety and general welfare will be protected.
(d) Setbacks on the periphery of the area are not less than those re-
quired for the zone district in which the building complex is
located; provided, however, that front setback requirements on
interior streets or service drives may be changed.
(e) The plan is in accordance with the Land Use Plan and provides appro-
priate conditions and safeguards in harmony with the general purpose
and intent of this ordinance.
(f) The property is to be provided with adequate access to transporta-
tion water supply, waste disposal, fire and police protection, and
other needed public facilities and services.
(g) The plan will cause no undue traffic congestion or create unnecessary
traffic hazards in the surrounding neighborhood.
(h) The plan will provide traffic access ways, interior circulation ways
and parking and loading spaces as required for the zone district in
which the land is located.
(i) The plan will not have a substantially adverse effect upon the
character of the neighborhood or upon adjacent property or property
values in the area.
(j) The plan will incorporate adequate safeguards, screening, fences and
landscaping to protect and maintain harmony with the surrounding area.
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This provision is specifically intended to facilitate and encourage unique
inventive development ideas such ns cluster plans variable density arraagements,
condoxin'um arrangements, garden apartments, shopping cantata, industrial parks,
common grounds and facilities and frequently referred to as planned unit c,Gvalopmenta
10, Publie Utilities, For purposes of all districts, a public utility is
defined to be a water, irrigation, sewer, gaa,electric, telephone, bus taxi,
ambulance or railroad system or installation which serves five or more customers
whether or not it be franchised or organized as a corporation or district. Public
utility installations shall be subject to the following requirements;
(a) Distribution, transmioaion and service lines and routes requiring
simple easements or installation in public rights of way, or in-
otalled under franchise agreement with the City and /or County and
usual customer facilities shall not be subject to zoning requirements.,
(b) Utility service facilities, the major use of which involves either
office, manufacturing, warehousing, retailing, vehicle storage or
maintenance functions, shall be constructed only in those zoos
districts in which a private firm not in the utility business would
i
be permitted to establish a similar function or use.
(c) Special utility facilities, such as water reservoirs, sewage lagoons,
switching yards, pumping stations, and other component equipment
i
installations on land owned or leased and where the equipment is
fenced or placed in a building shall not be constructed until a
i
special use permit has been issued by the Planning Commission.
(d) Thr,se regulations ahal.l in no way prohibit the installation of
temporary facilities of the types described in "b" and "WI above in
cases of emergency conditions, provided within a reasonable period of
time application is made for approval of installation of permanent
facilities,
S CTTON 7 OFF - STREET PARKING REQUIF MNTS
1. Off- Street Loading. All buildings hereinafter constructed for non-
residential use shall provide at least one accessible off - street loaV %cS space (at
least 10 feet wide, 50 feet long and 14 feet high except in E -1 Districts 107kare such
space shall be at least 30 ,long) for up to 25,000 square feet of grnse square feet
of floor area; one additional apace for the next 25,000 square feet of floor area;
one additional space for each of the next two increments of 50,000 square feet, end
one additional space for each additional increment of up to 100,000 square feet of
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floor area.
2. Of Street Parking - Residential. All buildings and uses hereinafter
constructed and mobile homes shall provide at least one accessible and usable off -
street parking space for each residential unit contained in said building. Said
parking space may be open or covered, but shall be located behind the front setback
line for t'ke parcel in question; shall be permanent in character; shall be provided
with a permanent driveway to a public way, and both the parking space and the drive-
way shall be paved or surfaced and maintained with a dustless hard surface cover
material, except that in the case of single- family homes and duplexes surfacing
with at least 2 inches of gravel or equivalent material will be acceptable.
3. Off- Street Parking - Non - Residential
(a) Application. The off - street parking requirements herein contained
shall apply only to buildings and uses newly constructed, extended,
or restored after enactment of these requirements, and shall not
apply to buildings lawfully repaired or improved where no increase of
floor area is made. The regulations in this section shall apply to
all parking spaces, lots, garages, buildings or portions thereof to
be provided in meeting the requirements of this ordinance.
(b) Required Number of Spaces. The number of spaces required for any
publicly owned facility in S -1 .Zone shall be as determined by the
Planning Commission. In all other zones, private places of assembly,
such as theatres, auditoriums and school or seminar rooms shall be
provided with at least one off - street parking space for each six
seats. Office uses shall be provided with at least one space for
every 500 square feet of net floor area. Retail uses in the B -1,
B -2 and R -6 Zones shall be provided with at least one space for every
100 net square feet of floor space, and in the B -4 Zone there shall
be at least one space for every 400 net square feet of floor space.
Wholesale, warehouse, industrial and manufacturing uses shall be
provided with at least one space for every 2 employees anticipated
to be employed on the largast shift. Institutional uses, such as
churches, hospitals, and private schools shall provide 1 parking
space for every 4 adults expected to be present in the building at
the time of maximum occupancy. Open uses, not in buildings, shall be
provided with at least one space for every 2 employees. In the event
these standards do not appear reasonable when applied to a specific
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use or combination of uses, the administrativa official or the appli-
cant may apply for a variance, but the variance may not reduce o:: in-
crease the required number of spaces by more than 25 par cent.
(c) Dimensions. Each off - street parking apace shall be a minimum of
9' x 18' in size and access ways shall be provided however, as ac.
alternative the owner may provide 300 square feet of area for each
required parking space. The precise layout of the parking area for
10 or more vehicles shall be approved by the City Traffic Enginoer.
(d) Location. Off- street parking, whether open or enclosed, shall be
provided upon the same parcel of land containing the use for which
it is required, or on separate parcels as follows:
(1) Within a one - hundred foot radius excluding public ways in all
Residential Districts..
(2) Within a three- hundred foot radius excluding public ways in all
Business and Industrial Districts.
(e) Ownersh Except as provided in Section 7 -1 and Section 7 -J, such
separate lots shall be held in the same ownership or right to possess
as the lot containing the use for which they are required. The
provision of such off - street parking apace shall be considered as a
basic condition for granting that use in that location on an initial
and continuing basis. If conditions are changed in such a manner
that this basic requirement is no longer met, said change shall
constitute a viola tibn of these zoning requirements.
(f) Access - Minimum. Unobstructed and direct access ways shall be pro-
dded to the parking lot or garage from a street or alley. Access
roadways or driveways shall be approximately perpendicular to the
street or alley at the right -of -way lino. All curb cuts shall be
approved by the City Traffic Eagineer.
(g) Barriers. All parking aisles and parking spaces shall be within the
property line, and not on a public right -of -way. Parking spaces
shall be so arranged and physical barriers so provided that no part
of any vehicle will overhang the public right -of -way.
(h) Surfacing and Drainage. All open parking areas shall be paved or
surfteed and maintained with a dustless hard surface cover material,
except parking areas for single family homes and duplexes, where
surfacing with at least 2 inches of gravel or equivalent material will
be acceptable. All parkLug areas shall be properly drained,
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SECTION 8. USE INDEX
P ermitted Use of Land and Buildings. Except as otherwise provided, no
buildin7 permit or certificate of zoning compliance shall be issued for a use not
specifically mentioned or described in this section and not specifically provided
with the required off - street loading and parking spaces and access driveway. In the
case of a proposal for a use not specifically mentioned, the administrative official
shall request that the Planning Commission initiate proceedings to cause the amend-
ment of this section to make provision for ouch a use.
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(1)
Joint Use. Different portions of the same off - street parking lot or
garage may be used by different adjacent or nearby uses for purposes
of meeting these off - street parking requirements if located as re-
quired in Section 7�d, provided, however, that no off - street parking
space required for any building or use for the purpose of complying
with the provisions of this ordinance shall be included as an off -
street parking space similarly required for another building or use,
except as permitted in Section 7-j belowi
(j)
Multiple Use. The same space in an off - street parking lot or garage
may be counted by other uses as meeting their individual parking
requirements if those uses characteristically do not each need the
same spaces during the same hours of the day.
(k)
Plan Required. A dimensioned plan showing the intended location and
amount of space allocated to each required parking space, the re-
quired access, the type of surfacing and drainage facilities, the
location and type of barriers, and the spaces allocated to particular
uses for which such spaces are required, shall be submitted with each
application for a Building Permit for the construction of a new
building or addition, or for a Certificate of Zoning Compliance for
the use of commercial parking lot or garage.
(1)
Proof of Compliance. Each applicant for a Building Permit or Certif-
icate of Zoning Compliance involving the provision of required park-
ing spaces off the premises shall submit written proof of ownership
of the land or building, or proof of contractual arrangements with
the owner, which guarantee the continuous use of the required park-
ing spaces for the particular uses intended.
SECTION 8. USE INDEX
P ermitted Use of Land and Buildings. Except as otherwise provided, no
buildin7 permit or certificate of zoning compliance shall be issued for a use not
specifically mentioned or described in this section and not specifically provided
with the required off - street loading and parking spaces and access driveway. In the
case of a proposal for a use not specifically mentioned, the administrative official
shall request that the Planning Commission initiate proceedings to cause the amend-
ment of this section to make provision for ouch a use.
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1. Agricultural Three (A -3) and Four (A -4) Districts.
(a) Purpose. The standards of these districts (A -3 and A-4) are de-
signed to provide and retain certain lands for orderly low den-
city residential development in a rural atmosphere, with rights
retained for limited agricultural activity for the exclusive use
of the occupants.
(b) Uses by .uipht.
(1) Farming or Ranching for the exclusive use of the occupants
only, excluding feed lots, kennels and other commercial
activities, and provided at least k acre of land is pro-
vided for each horse or other large animal and provided
stables and corrals are set back at least 15 feet from the
property lines.
(2) Residence, One - Family
(c) Uses by Review. A use by review is any of the following uses
which are permitted only upon issuance of a special use permit.
(1) Cemetery, Crematory, Mausoleum
(2) Church and Religious Buildings
(3) Recreation Facilities, Private
(4) Utilities as outlined in Sec. 6 -10
2. Single- Family Residential District (R -1).
(a) Purpo The standards of this district (R -1) are designed to
retain and provide areas of low- medium density development
characteristically and exclusively for single - family dwelling
units.
i
(b) Uses by Right.
Residence, One- Family
(c) Uses by Revi ew. A use by review is any of the following uses
which are permitted only upon issuance of a special use permit.
(1) Church and Religious Buildings
(2) Recreation Facilities, Private
(3) Utilities as outlined in Sec. 6 -10
3. Single-Family Residential District (d -2).
(a) g u g np000, The standards of this district (R -2) are dosigned to
retain and provide areas primarily for single - family development
of medium density.
22 -
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(b) Uses by Right.
Residence, One- Family
(c) Uses by Review, A use by review is any of the following uses
which are permitted only upon issuance of a special use permit,
(1) Church and Religious Buildings
(2) Recreation Facilities, Private
(3) Utilities as outlined in Sec. 6 -10
4. One and Two - Family Residential District (R -3).
(a) Purpose. The standards of this district (R -3) are designed to
retain and provide areas of higher density development character-
ized by single- family and two - family dwelling unit structures.
(b) Uses by Rieht.
(1) Residence, One- Family
(2) Residence, Two- Family
(c) Uses by Review A use by review is any of the following uses
which are permitted only upon issuance of a special use permit.
(1) Charitable Institution
(2) Church and Religious Buildings
(3) Recreation Facilities, Private
(4) Utilities as outlined in Sec. 6 -10
5. Mixed Residential District (R -4).
(a) Purpose, The standards of this district (R -4) are designed to
retain and provide areas with cc- mingling of single- family dwell-
ing units and limited multiple - family dwelling unit structures.
(b) Usea by Right.
(1) Auto Parking
(2) Grouped Houses
(3) Home: Children, Blind, Disabled, Elderly, Maternity,
Religious
(4) Residence, One - Family
(5) Residence, Two - Family
(6) Residence, Three -and Four - Family
(7) Residence, Over Four - Family
(c) Uaes by Review, A use by review is any of the following uses
which are permitted only upon issuance of a special use permit.
(1) Charitable Institution.
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(2)
Child Care Center and Play School
(3)
Church and Religious Buildings
(4)
Home Occupations, except as otherwise provided in Sec. 11 -2
(5)
Recreation Facilities, private
(6)
Utilities as outlined in Sec, 6 -10
6. Multiple
- Residential and Office District (R -5).
(a)
Purpose. The standards of this district (R -5) are designed to
retain
and provide areas of high density multiple - family dwell-
ing
unit structures with limited co- mingling of professional
offices
and studios.
(b)
Uses
by Right,
(1)
Agency Offices (Real estate, Insurance, Property Management,
(2)
Apartment Building and Apartment Hotel
(3)
Art Gallery, Commercial
(4)
Associations, Clubs, Lodges
(5)
Auto Parking
(6)
Beauty Shop, Barber Shop
(7)
Boarding House
(8)
Child Care Center and Play School
(9)
Church and Religious Buildings
(10)
Fraternity House or Sorority House
(11)
Grouped Houses
(12)
Health Center
(13)
Home: Children, Blind, Disabled, Elderly, Materhd ;ty,
Religious
(14)
Home Occupations (except as otherwise provided in Sec. 11 -2)
(15)
Professional Offices
(16)
Residence, One - Family
(17)
Residence, Two- Family
(18)
Residence, Three- and Four - Family
(19)
Residence, Over Four - Family
(20)
Sign, Business
(c)
Uses
by Rew::e A use by review is any of the following uses
which are pes4itced only upon issuance of a special use permit.
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(1) Aircraft Beacon, Marker or Tower
(2) Charitable Institution
(3) Nor uezy
(4) Racreation Facilities, Private
(5) Utilities as outlined in Sec. 6-10
(6) Rastaurant
7. Multiple- Rssiden *_i.al and Commerc District (R -u).
(a) Purp ose. The standards of this district (R -6) are highway
oriented and dasigned to retain and provide areas of mixed
residence, commercial use, and accommodations for transients.
(b) ?Js_sj�y ?t p rc.
(1) Agency Offices (Real Estate, Insurance, Property
Management, etc.)
(2) Apartment Building and Apartment Hotel
(3) Associations, Clubs, Ladgas
(4) Auto Parking
(5) Beauty Shop, Barber Shop
(6) Boarding House
(7) Car Wash, Self- Service only
(B) Charitable Institution
(9) Child Care Center and ?lay School
(10) Church and Religious Buildings
(11) Club: Private, Social, Fraternal
(12) Club: Supper and Amusement
(13) Cocktail Lounge
(14) Convent
(15) Floral Shop (retail only)
(16) Fraternity or Sorority House
1(17) Grouped Houses
(18) Home: Children, Blind, Disabled, Elderly, Maternity,
Religious
(19) Home Occupation (except as otherwise provided in Sec. 11 -2)
(20) Hospital (for humans)
(21) Hotel
(22) Laundry and Dry Cleaning, Self - Service
(23) Library
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(24)
Mortuary
(25)
Motel
(26)
Nurses Home, Dormitory
(27)
Professional Offices
(28)
Recreation Equipment, Sales & Service (Boats, Camping
Equipment, Snowmobiles, etc.)
(29)
Residences
(30)
Restaurant
(31)
Service Station
(32)
Sign, Advertising
(33)
Sign, Business
(34)
Tavern
(35)
Tourist Home
(36)
Trailer Sales
(37)
Transient Lodging
(c)
Uses
by Review. A use by review is any of the following uses
which
are permitted only upon issuance of a special use permit.
(1)
Aircraft Beacon, Marker or Tower
(2)
Amusement Park or Facility
(3)
Camping Area, Commercial (Transient)
(4)
Christmas Tree Sales (Temporary)
(5)
Fireworks, Retail
(6)
Golf Course
(7)
Hospital, Veterinarian
(8)
Natural Deposits, Extraction
(9)
Nurs3ry (Vegetation)
(10)
Recreation Facilities, Commercial
(11)
Recreation Facilities, Private
(12)
Restaurant, Drive Inn
(13)
Utilities as outlined in Sec. 6 -10
8. Mobile Home
Residential District (R -7).
(a)
Pu rDb ae. The standards of this district (R -7) are designed to
retain and provide areas of high density residence for mobile
home parka and mobile home subdivisions.
(b)
vase kY � �4s
(1)
Accessory Buildings and Structures
(2)
Mobile Home, One- Family
011J1t
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(c) Usal b °viLw, A use by raviavr is any of the following uses
which are permitted only upon isaup.nce of a special nee pa-mite
(1) CLurch and Religious Buildings
(2) R&c- eaCion Facilities, Private
(3) Utilities as outlined in Sec. 6 -10
9. Neighborhoo3 Bu District (B -Q
(a) Pu xaoso, , Tho standards of th13 district (3 -1) are designed to
retain and provide areas For the sale at retail of those cin-
venience type goods and services required by the residents of the
immediate neighborhood and for those outlets which by their
nature create uo nuisances and serve a trade territory of only
one neighborhood.
(b) Usea by Risht.
(i) Bakery (retail only)
(2) Beauty and Barber Shop
(3) Drugstore
(4) Floral Shop (retail only)
(5) Grocery Store
(6) Laundry and Dry Cleaning, Self - Service
(7) Meat Market
(8) Office
(9) Service Station
(10) Shoe Repair Shop
(11) Sign, Business
(12) Utilities as outlined in Sec. 6 -10
'(13) Car Wash (Self- Service only)
(c) Uaes by Review. A use by review is any of the following uses
which are permitted only upon issuance of a special use permit.
(1) Residence, Single - Family
(2) Restaurant
10, Subreaional Business District (B -2).
(a) g The standards of this district (B -2) are intended to
provide areas for the sale at retail of convenience type goods
and services required by residents of a subregion provided the
outlets Preate no 6uigelleea,
(b) Lae® hv_Ria t.
(1) Bakery (retail only)
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(2? Beauty and Barber Shop
(3) Car Wach (Self -Sa rice only)
(4) Drugstore
(5) Floral Shop (retail only)
(6) Grcciry Starc
(7) Laundry end y Cleaning, Sell--Service
(G) Meat N.arket
(9) Office
(( 10 ) Repair Shop, Household Appliance
(12) Repair Shop, Shoe
(12) Restaurant
(13) Retail Store
(14) Service Station
(15) Siga, Busiuess
(16) Utilities as outlined in Sec. 6 -1C
(c) Uses by Reviecr, A use by review is any of the following uses
which are permitted only upon issuance of a special use pewit.
(1) Residence, Single - Family
(2) Restaurant, Drive -In
11. Pen
io ^.al 3usinass Di (B ^4),
(a) Pu rpose, The standards of this district (B -4) are intended to
provide areas for the location of business and other central
services required by the region at large.
(b) Use by Right. A use by right in any use which is primarily
retail, office, commercial, fineuae, transient residence,
government, service, entertainment social or cultural in
nature (including parking lot and parking structure), which
serves the public good and which does not involve permanent
residence or the manufacture, productiun, fabrication or rebuild
ing or the bulk storage, warehousing or wholesaling of marchand-
ise. (Utilities as outlined in Sec. 6 -10.)
(c) Uses by Review. A use by review is any of the following uses
which are permitted only upon issuance of a special uas permit.
(1) Apartments, Row Houses, etc.
(2) Bulk Storage, Warehousing or Wholesaling
12. 4ga Igdustr aj Ri tr&,gt (D-1),
(a) Fuep osa. The standards of this district (I -1) are des;,hved to
retain and provide areas for the development of manufactuzing ii
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wholesaling activities in a. park -like atmosphere to the e-cclusion
of noncompatible uses or operations. '
(b) Uses by Eight.
(1) Abrasives, Mfg. and /or Whlse.
(2) Acetylene, Mfg. and /or Whlse,
(3) Acid, Whlse.
(4) Advertising Display, Mfg.
(5) Artificial Flower, Mfg. and /or Whlse.
(6) Athletic Equipment, Mfg.
(7) Auto and Trailer Assembly
(8) Auto Parking
(9) Auto Service Station
(10) Blue Printing
(11) Bottles,Whlse.
(12) Boxes, Whlse.
(13) Braces, Orthopedic, Mfg, and /or Whlse.
(14) Broom and Brush, Mfg. and /or Whlse.
(15) Building Materials, Mfg. and /or Whlso.
(16) Business Machines, Mfg. and /or Whlse.
(17) Cabinet, Wood Working and /or Furn. Shop
(18) Casket, Mfg. and /or Whlse.
(19) Ceramic Prouucts, Mfg. (Pottery)
(20) Chemicals, Mfg. and /or Whlse.
(21) Chemist, Analytical and Consulting
(22) Clothing, Mfg. and /or Whlss.
(23) Conveyor, Mfg.
(24) Cosmetics, Mfg.
(25) Dental and Medical Laboratory
(26) Dental and Medical Supply, Mfg. and /or Whlse
(27) Drugs* , mfg. and /or`Whlse.
(28) Electric Equipment and Machine Tool Mfg. and /or Whlse.
(29) Engraver
(30) Fire Protection Equipment and Supplies, Mfg. and /or Whlse.
(31) Food Products, Mfg,
(32) Food,'Vegetablo Processing
(33) Hair and Fur Processing, M2g. and /or Wh1se.
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(34) Hardware, Mfg.
(35) Heating, Conditioning, Venting and Refrigerating Equipment,
Mfg. and /or Whlse.
(36) Home Appliances, Mfg. and /or Whlse., Service
(37) Hospital Equipment and Supplies, Mfg. and /or %ralse.
(38) Hotel Equipment and Supplies, Mfg- and /or Whlse.
(39) Jewelry, Notions and Novelties, Mfg. and /or W::lse.
(40) Laboratories, Analytical and Research
(41) Leather, Artificial or Synthetic, Mfg.
(42) Motion Picture Studio
(43) Musical Instruments, Mfg.
(44) Nursery and Green House
(45) Office Building on site of Industry
(46) Optical Goods, Mfg.
(47) Oxygen and Other Air Equipment, M,`.g., and /or Whlse.
(48) Paint and Varnish, Mfg.
(49) Paint Equipment and Supplies, Mfg.
(50) Paper Products, Mfg.
(51) Pencil, Mfg.
(52) Perfume, Mfg.
(53) Phonograph, Mfg.
(54) Phonograph Records, Mfg.
(55) Photo - Engraving
(56) Photographic Equipment and Supplies, Mfg., Whlse., and
Service
(57) Picture Framing
(58) Plastic and Plastic Products, Mfg.
(59) Plumbing Fixtures, Mfg.
(60) Printing and Publishing Co.
(61) Restaurant Equipment and Supplies, Mfg.
(62) Riding Equipment, Mfg.
(63) Rope, Mfg.
(64) tubber Products, Mfg.
(65) Safe, Mfg.
(66) Scaffold, Mfg.
(67) Scales, Comm-, Mfg-
30
(68) School Equipment and Supplies, Mfg.
(69) Service Contr. Slop
(70) Service utati.on Equipment, Mfg.
(71) Sheet Metal Prod., Mfg, and /or Whlse.
(72) Sign, Advertising
(73) Sign, Business
(74) Sign, Mfg., Repair, Service and Sales
(75) Soda Fountain Supplies, Mfg.
(76) Sporting Goods, Mfg.
(77) Springs, Metal, Mfg.
(78) Surgical Supplies, Mfg. and /or Whlse.
(79) Textile, Mfg. and /or Whlse.
(80) Tobacco Products
(81) Utilities as outlined in Sec. 6 -10
(82) Vending Machine Service
(83) Venetian Blind, Mfg.
(84) Watch and Clock, Mfg.
(c) Uses by Review. A use by review is any of the following uses
which are permitted only upon issuance of a special use permit.
(1) Aircraft Beacon, Marker or Tower
(2) Airport, Private
(3) Associations, Clubs and Lodges
(4) Athletic Field
(5) Atomic Reactor and /or similar scientific installations
(6) Charitable Institutions
(7) Farming or Ranching
(8) Natural Deposits, Extraction and /or Proc.
(9) Residence for watchman or caretake:
(10) Restaurant
13. Iigl %t Industrial District (I -2).
(a) Purpose. The standards of this district (I -2) are designed to
retain and provide areas for the macufacture, warehousing,
jobbing and limited retailing of products which by th3ir inherent
charaoterietics and the operations involved are not obnoxious ':o
one another or surrounding uses.
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(b) Usea h Rieht.
(1) Agricultural, rmpiem2ute, Mfg., Sales, Service
(2) Aircraft, Retail, Service, Whlse.
(3) Ammonia, Retail, Whlse.
(4) Ammunition, Whlse.
(5) Asbestos Products, Retail, Whlse.
(6) Athletic Field
(7) Auction House
(8) Auto Garages, Rental Vehicles
(9) Auto, Parts and Supplies, Retail, Whlse.
(10) Auto, Retail
(11) Auto, Service and Body Work
(12) Auto Storage
(13) Auto Towing Service
(14) Bag, Jobber, Retail, Whlse.
(15) Bakery, Production, Retail, Whlse.
(16) Barber Supplies, Mfg., Whlse.
(17) Barrel, Retail, Whlse
(18) Beauty Shop Equipment, Mfg., Ret::.'.1, Wiase.
(19) Beer and Ale, Whlse.
(20) Belting, Retail, Service, Whlse.
(21) Beverage Mfg., Bottling, Whlse.
(22) Bicycle Mfg., Service, Whlse.
(23) Bleaching, Cloth
(24) Bleaching, Compound, Whlse.
(25) Blueing, Whlse.
(26) Boat, Mfg.
(27) Boiler and Tank, Retail, Whlse.,Service
(28) Book Binding and Publishing
(29) Bottle, Mfg., Retail, Whlse.
(30) Bottiecaps and Seals, Mfg., Whlse.
(31) Brick Mfg., Whlse.
(32) Bronze, Whlse.
(33) Buggy, Mfg., Retail, Service, Whlse.
(34) Bus Line Bhops (Garage, Repair)
(35) Butcher Supplies, Mfg., Whlse..
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(36) Can, Whlse.
i
(37) Carb ?.de> detail, Whlse.
(38,'. Carbonic Gas, Retail, Whlse.
(39) Carbonic Ice, Retail, v7hlse.
(40) Castings, Whise.
(41) Cast Iron, Pipe, Whlse.
(42) Caustic Soda, Retail, Whlse.
(43) Celluloid and Cellulose, Whlse.
(44) Cement, Whlse.
(45) Cement Products, Retail, ,Whlse-
(46) Chalk, Retail, Whlse.
(47) Chlorine,Retail, Whlse.
(48) Cleaning Compounds, Retail, W,11.33.
(49) Clothing, Cleaning, Dyeing and Pressing
(50) Coal, Coke and /or Fuel Yard
(51) Coal Tar Distillates or Products, R3ta1 ?., Whlse.
(52) Coin Machine, Mfg., Service, WM.rc -
(53) Concrete Batching or "Reedy 1 P13nt
(54) Concrete, Mfg. (Bulk)
(55) Concrete Products, Retail, Whlse.
(56) Contractors' Equipment and Supplies,Re2e. 1, WUSGe
(57) Conveyor, Mfg., Retail, Service, Whlse.
(58) Copper, Retail, Whlse.
(59) Corrugated Metal, Whlse,
(60) Cotton Baling and Whlse.
(61) Cottonseed Oil, Whlse.
(62) Cotton Wadding, Whlse.
I
(63) Crane, Storage, Yard
(64) Creosote, Whlse.
(65) Crop Dusting Equipment, Yard
(66) Dairy Equipment and Supplies, Retail, Wh1se.
(67) Disinfectant, Whlse.
(68) Display Designer and Shop
(69) Distiller, Whlse.
(70) Drawing Materials, Mfg., Whlse.
(71) Drive -In Theatre
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(72) Dyestuffs, Mfg., Whlse.
(73) Electric Plating
(74) Express Storage and Delivery Station
(75) Exterminating and Fumigating
(76) Exterminator and Insect Poison, Whlse.
(77) Feed and /or Grain, Mfg., Whlse. Retail
(78) Fences, Mfg., Retail, Whlse.
(79) Fertilizer, Whlse.
(80) Filters, Mfg., Whlse.
(81) Firearms, Service, Whlse.
(82) Fireproofing Materials, Mfg., Whlse.
(83) Floor Materials, Mfg., Service Whlse.
(84) Freight Depot
(85) Frozen Food Lockers
(86) Furnaces, Service, Whlse.
(87) Furniture, Service, Whlse.
(88) Glass, Whlse.
(89) Glue, Whlse.
(90) Graphite, Whlse.
(91) Gunpowder, Whlse.
(92) Heliport, Commercial
(93) Horseshoeing
(94) Ice Mfg., Whlse.
(95) Imported Goods, Whlse.
(96) Indian Goods, Whlse.
(97) Industrial Equipment, Assembly, Retail, Rental, Storage,
Whlse.
(98) Industrial Truck Body,.Retail, , Whlse.
(99) Insecticide, Retail, Whlse.
(100) Insulation Materials, Whlse.
(101) Kerosene, Retail, Whlse.
(102) Lard, Whlse.
(103) Lawn Mower, Mfg., Service, Whlse.
(104) Lead, Whlse,
(105) Leather Goods, Custom Repairing, Mfg., Flhlee.
(106) Lubricating Compounds, Whlse,
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(107) Mail Order House
(108) Matches, Whlse.
(109) Metal Polish, Mfg., Whlse.
(110) Monument, Mfg., Retail, Whi.se.
(111) Motorcycle, Service, Whlse.
(112) Motor Freight Company Garage
(113) Oil, Whlse.
(114) Oxygen, Retail, Whlse.
(115) Packing & Crating Service
(116) Paint Equipment and Supplies, Mfg., Whlse.
(117) Paint, Shellac and Varnish, Mfg., Whlse.
(118) Photographic Film Processing
(119) Plastic and Plastic Products, Mfg., Alre.
(120) Pottery, Mfg., Whlse.
(121) Poultry Supplies, Mfg., Retail, Whlse.
(122) Printer Equipment and Supplies, Mfg., Whlse.
(123) Racetrack
(124) Rubber, Whlse.
(125) Rubbish Removal Equipment, Yard
(126) Service Contractor's Office, Yard
(127) Shoe Blackening, Whlse.
(128) Taxidermist
(129) Television Parts, Mfg., Whlse.
(130) Tin Products, Mfg., Service, Whi.se.
(131) Tire, Retail, Service, Whlse.
(132) Towel Supply, Service
(133) Trailer, Service, Whlse., Mfg,
(134) Tree Service
(135) Truck Parking, Service Garage
(136) Utilities as outlined in Sec, 6 -10
(137) Veterinarian Hospital and Kennels
(138) Veterinarian Hospital, Supplies, Whlse.
(139) Wagon, Retail, Service, Whlse,
(140) Water, Distilled, Processing
(c) Uses by R eview. A use by review is any of the following .sas
which are permitted only upon issuance of F. s;eaisl use permit
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(1) Aircraft Beacon, Marker or .Tower
(2) Airport, Private
(3) Associations, Clubs and LodEeo
(4) Atomic Reactor and /or similar scientific installations
(5) Cafe, Cocktail Lounge, Cafeteria
(6) Carnival (Temporary)
(;) Charitable institution
(3) Circu3 Grounds
(9) Farming and Ranching
(10) Natural Deposits, Extraction
(11) Residence for watchman or caretaker
(12) Restaurant
(13) Salvage Yard
(14) Sand and Gravel, Proctasing
(15) Tavern
(16) Tent Show (Temporary)
(i') All Uses by Right and Uses ty Review permitted in the
1- -1 Dis%rict.
14, F eayy In uuetrial_Dtstr ict (1 -3).
(a) purpos Tire standards of this district (1-3) are designed to
retain and provide areas for industrial uses which because of
th products °sued or produced an-4 the nature and extent of the
products used or produced and the nature and extent of the
operations should not be lucated to close proximity to residen-
t'.-A' activities,
(b) Uaes by Right• A use by right is any and all uses except
residential, religious and institutional uses.
(c) Uses by Review. A use by review is any of the following uses
which are permitted only upon issuance of a special use permit,
(1) Institutional Use
(2) Religious Use
(3) Residence for watchman or caretaker
15. Public Ilse D (S -1).
(a) Pur se. The standards of this district (S -1) are designed to
retain and provide land areas for public use and to place the
public and all elected officials and public agencies on notice
of propoaod ohangee in the uas and development of uuah public
lands.
(b) Use by Right.
Any temporary use. 76 -
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( ^.) Uaes by Review: Any construction or MOveeed penis- 'iLeut lion of
land or buildings by any p blic agency, or otbers on public
land, whether or not an amendment to Lhe zoni.c m {;n is 3nvoivad,
shall be submitted to the Planning Commission for review and
approval. The Planning Commission review shrill concern itself
With the proposed uses relative to tha Comprehensive Plan, t-e
effect of the site plan on ad,jaca:.t propgrti.es, tbn needs of the
neighborhood, lot area, lot dimensions, lot co-,lerage, floor area
ratio, building height, building set - hacks, landacspi.tg and load-
ing spaces and other similar requirements uormal.:f :.pplied Lo
the use of private property. This review mall `e given after a
public hearing has been held; notice of which hes boea gives, an
if for an amendment to the zoning map.
lei. Air. f ield District (S -2).
(a) Purpose. The standards of this district. (S -2) are designed to
give added protection to the population, buildiugs, structure's
and aircraft in close proximity to ai.rff.Mldc and suparaeda tAe
height standards of the use district over which 'they may be
applied.
(b) Zone Requirements The zone requirements within each zone-
district shall apply where the Airfield District is supesSsposed
except for the building height requirements.
(o) Building Height. Within the Airfield Zor.e District, the :.eight
of structures, buildings, trees or fences shall lot exceed tl.:•'.
limits as herein defined and sFowrl on the zone waps for:
(1) Approach Surface. Defined by an inclin.+. pla.ua with a
slope of 50:1, 40:1 or 20:1 as cho•m on 1:110- zon.r. chaps„
(2) Horizontal Surface, Defined by a L-orizoatal. :ra:,i'an .
located one hundred and fifty feet a>ovn thn estAbltslaed
airport elevation and radiating o «t from the airport as
shown on the zone maps.
(3) Conical Surface. Extends upward from the perip'a:ry of tf -a
horizontal surface (defined in 2 above) at a slope of 20:1
and outward a distance shown on the zone maps.
(4) Transitional Surface. Extends upward from lines parallel
to the center line of the runway at an angle of 7:1 a
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distance shown on the zone maps,
17, Floo• Pla9.a District (S -3).
(a) Purpo The standards of this distract (S•3) ark dasianed to
retain and provide areas for the unobstructed passp+ge of .flood
waters and give protection from flood to tike popu s.ti.co, build-
ings and structures located therein and in the su:=':ax3ing cram..
(! >) Uses by Right.
(1) Farming and Ranching
(2) Riding Trails
(c) Uses by Review
(1) Golf Courses and other athletic fields and racreati.oual
facilities
(2) Land fill and /or excavation. No open 1um ;ing permitted
(3) Natural Deposits, Extraction
(4) Natural Deposits, Processing
(S) Parking for motor vehicles (open lots only)
(6) Lowers, radio and television
(7) Utilities as outlined in Sec. 6 -10
18, P_ezl District ( L-
(a) Purpose. The standards of this district (S -4) are designed to
retain and provide land area for off - street parkin3, primiri.ly
for uses in an adjacent zone district in thcsa iustaaces : %2re
rezoning to permit all the uses permitted in that adjacent zona
district would have an adverse effect on the neighborhood.
gib) Uses by Right.
(1) Auto parking lots
(2) Auto Parking Structures
(3) Residential uses as permitted in ti+e most restrictive
adjacent zone
(4) Sign, Business
(c) Uses by Review. A use by review is any of the follcwiug uses
which are permitted only upon issuance of a special use permit.
(1) Signs, Advertising
OtlJ
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q P.DKT.NI3TR AND ENFORCEMENT - BUILDING PEIU.frTE :,ND CEP ±I A 'i. :'> OS
ER':1'III, COMPLIANCE
1. Al s:.nistra *_inn and En£o;: cement y An ad:ainis_ c fici :.1 des' - guated
I, t•!vi City Manager shall administer and enforce this ordinance. lis may be providad
with the assistance of such other persons as the City Mann er may direct:.
1' t'ra adeilniatrativc official shall find that any of the provisions of
OMJA:
th:.s crdinanc.n are being violated, he shall notify in :•rrit_ir.3 the porson responsible
far: rvch violations, indicating the nature of the violation and ordering the action
nrec�ssar.1 to correct it. lie shell order di scan tinaanca o ill al use of land, build -
inks, or strucixres; ramrral of illegal buildings or ctructuros or of illegal addi-
t1cus, altercz::�Xzia, or structural changes; discontinuance of any illegal work beinG
duce; or shall trd.e any other action authorized by this orcir. :,nce to eaonre compli.-
nnen wl or to pre-,-ant violation of its provisions.
:. Fermits RA.qu! r ed_ No building or other struct•.ue shall be
....acted., evn +ei, aC+de_• to, or altered without a permit therefor, issued by the admin-
istrative ofEic'al. No building permit shall be issued by the administrative offl•+
vial except 3r: conformity with the provisions of this ordinl.nce, unless 'an receives
a writtr.n order f - . :gym the Zoning Board of Appeals in the _ of an administrative
review, rpeeial exception, or variance as provided by tb',s oral. :*,uance,
3. An lication for Buildf.na, Permit. All applications for building permits
z! ;.s accom- pnLied by two copies of a plot_ plan drawn to scale, show :C. +.+g t1.2 actual
di_�.ee.�+i..•.ts aria shapc of the lot to he built upon: the exact sf.7es and loc -itions ars
thn lot of buildings already existing, if any; and the location and dimensions of
the proposed b•aildirr or alteration. The application shall include such other infor
w3tinn sa lawfully may be required by the administrative official, including exirtiug
or prorored building or alteration; existing or proposed us =.:s of ta^ bj1lc1?.ng an',
land; the number of families, housekeeping units, or re�tai. units tlm bui '_dine is
desirned to accommodate; conditions existing on the lot; and such matters as
may be nncessarj to determine conformance with, and provide for the n_�, of,
this orlinanr_e.
Or. s c.cp.1 of the plot plan shall be ret :•rued to the applicant by the admin-
i :c :a' :1 °�e off'cial, after he shall. have marked such copy either as ap ?roved or dis-
approved and attested to same by his signatu.e on such copy, The original of the
plot plan, oimi.'.zrly marked, shall be retained by the admintst- 4tt•We official.
k. � ?AiLtA, fig.£ �. �:: �f i. �cn .144:�;161G,®.•8i:_"a':1SO'. Altarsd. .,r�.�`154�.�,5:?f. °.��
U, :e.s. It shall be unlawful to use or occupy or psrr.At. tine use rr oa cpancy of any
building or prentsos, or hat':, or part thareof hcz• cr^atsd, err+:ted, cbapged,
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converted, or wholly or partly altered or enlarged in its use or structure until a
certificate of zoning compliance shall have been issued therefor by the administra-
tive official stating that the proposed use of the building or land conforms to the
requirements of this ordinance.
No non - conforming structure or use shall be maintained, renewed, changed,
or extended until a certificate of zoning compliance shall have been issued by the
administrative official. The certificate of zoning compliance shall state specifi-
cally wherein the non - conforming use differs from the provisions of this ordinance,
provided that upon enactment or amendment of this ordinance, owners or occupants of
non - conforming uses or structures shall have three months to apply for certificates
of zoning compliance. Failure to make such application within three months shall be
presumptive evidence that the property was in conforming use at the time of enactment
or amendment of this ordinance.
No permit for erection, alteration, moving, or repair of any building shall
be issued until an application has been made for a certificate of zoning compliance,
and the certificate shall be issued in conformity with the provisions of this ordi-
nance upon completion of the work.
A temporary certificate of zoning compliance may be issued by the adminis -•
tray „ive official for a period not exceeding six months during alterations or partial
occupancy of a building pending its completion, provided that such temporary certif-
icate may include such conditions and safeguards as will protect the safety of the
occupants and the public.
The administrative official shall maintain a record of all certificates of
zoning compliance, and a copy shall be furnished upon request to any person.
Failure to obtain a certificate of zoning compliance shall be a violation
of the Code of Crdinances of the City of Pueblo.
5. Expiration of Building Permit, if the work described in any building,
permit has not begun within 60 days from the date of issuance thereof, said pe:c.•:1::
shall expire.
If the work described in any building permit has not be ^n substantially
completed within two years of the date of issuance thereof, said permit shall expire
and be cancelled by the administrative official. Further work as described in tha .
cancelled permit shall not proceed unless and until a new building pa-zacit has oea'n
ol*t•.e.i.ned.
A•li.
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2e x
6. Const ruction and Use to be as Prg ±Tid in Applir.. +ons ° T ernit;� 3 ,
an1_ a.tes o Zoning Compliance. Building permits or Certificates of zoning
compliance issued on the basis of plans and applications approved by the administra-
tive official authorize only the use, arrangement, and construction set forth in
such approved plans and applications, and no other use, arrangement, or construction.
Use, arrangement:, or construction at variance with that authorized shall be deemed
violation cf the Code of Ordinances of the City of Pueblo.
S !CTION 10. ZO NIN BOARD OF APPEALS FS TABLISI14SNT AND PP. ^ZDUpp
1„ s'roce of the Zoning Board of Anpe a.ls. The Zoning Board of
Appeals sell adopt written rules necessary to the conduct of its affairs and in
keenin, with the provisions of this ordinance. Meetings ahall be held at the call
of the chair - nan and at such other times as the Board may deteim ins. Tha chairman,
or in his absnaen the acting chairman, may administer oaths and compel the attend-
ance of witnuesseo. All meetings shall be open to the public.
The Zoning Board of Appeals shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing to vote iliftca
ing sa -:h fact, and shall keep records of its examinations, its specific findings of
'acts is aacb case, and other official actions, all of which shall bo a public
reretd rnd be immediately filed in the office of the Board.
2. Hearin Appeals: No tice. Appeals to the Zonl Board of Appeals
concerning interpretation or administration of thin ordinance mcy be teken by any
person aggrieved or by an officer or bureau of the governing body of the City
affortc.d by any deasion of the administrative official. Such appeals shall be
tak+:n wit)%in a reasonable time, not to exceed 30 days, by filing with the administra-
tive official and with the Zoning °.oard of l.ppeala a notice of appeal srcci the
grounds thereof. The administrative official shall forthwith transmit to the Board
all papers constituting the record upon which the action appealed from was taken.
The Zoning Board of Appeals shall fix a reasonable time for the hearing of
epneal, give 15 days public notice thereof as well as due notica '-o t o p ptie.s in
Interact, and decide the'same within a reasonable time. At the hearing, any party
may apyacr in pitson or by anent ov attorney.
3. Sta of Pro An appeal stays all proceedings in furtherance of
the a::tion apreal_d from, unless the administrative official from whom the appeal is
P.altan oartifiva to the Zoning Board of Appeals nftar the notice of appeal is filed
with him, that by reaoon of facts stated in the certificate, a stay would, in his
•J HJ %I
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opinion, cause immineut peril to life and property, In such case proceedings shall
not be stayed other than by a restraining order which ma; be granted b;. the Board or
by a court of record on application, on notice to the administrative official from
whom the appeal is taken and on due cause shown.
S ECTION 11, THE ZONING BOARD OF APPEALS: POWERS AND DUTIES
The Zoning Board of Appeals shall have the following powers and duties:
1. Administrative Review,_ To hear and decide appeals where it is alleged
there is error in any order, requircmeu*_, decision-, or determination made by the
administrative official in the enforcement of this ordinance.
2. Limited Use Permits, To hear and authorize or deny issuance of limited
use permits for certain personal services listed below when conducted as a home
occupation in an R -4, R -5 or R -6 residential district. A limited use permit shall
be issued and may be renewed for a period of not less than one year nor more than
four years, as the Board shall deem advisable. At any time during the term of a
limited use permit the Zoning Board of Appeals upon notice and hearing to the
psrmittee, may revoke such permit if it is determined that the use la adverse or
detrimental to adjoining properties or to the surrounding area. In making such
determination the Zoning Board of Appeals may consider the effect on adjoining
properties or properties in the surrounding area of such factors as pedestrian and
vehicular traffic, ingress and egress to the property, and proximity of the limited
permit use to adjoining residential properties. All standards, requirements and
procedures set forth hereafter for uses by review shall also apply to issuance and
renewal of limited use permits except that limited use permits provided for in this
subsection shall not run with the land, and shall not be transferable to any person
other than the named permitter. Vacancy or non -use of the premises for the limited
permit use for a period of cue year shall be deemed prima facie proof of abandonment,
Li mited- Permit Uses. A limited permit use is any of the following uses
which may be allowed in the appropriate zone district upon issuance of the required
permit:
(a) Barber Shop
(b) Beauty Shop
(c) Wig Shopa
3. Uses by R^view: Conditions Governi Applications: :rocadu To
hear and deride only such uses by review as the Z.onVg Board of Appeals in spezifi-
cally authorized to pass on by the terms of this ordinance; to decide such questions
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6
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O1
as are involved in determining whether uses by review should be granted; and to great
uses by review with such conditions and safeguards as are appropriate under this
ordinance, or to deny uses by review when not in harmony with the purpose or intent
of this ordinance. A use by review shall not be granted by the Zoning Beard of
Appeals unless and until:
(a) A written application for a use by review is submitted indicating the
serti.on of this ordinance:undar which the use by review is sought and stating tine
grounds on which it is requested;
(b) Notice shall be given at least ten days in advance of public hear;cig.
The owner of the property for which a use by review is s.0 -ht. or his
agent shall be notified by mail. Notice of such hearing shall be
posted on the property for which the use by review is sought. .Notice
ahall also be given to the owners of real property l,inS within 100
feet of the exterior boundaries of the property f which the use. by
review is requested by sending a copy of such notice by registered or
testified mail, with return receipt requested. The word "eemer" as
used in this section shall be construed to mean persons in wham 00
record fee. title is vested, although subject to lien or encumbrance.
The holder of a bona fide recorded contract of purchase shall be
considered the owner for the purposes hereof. A ropy of such notice
shall be published as by Charter provided. Proof of compliance with
this section shall be by the written statement of the administrative
official giving the names and addresses of the persons to whom the.
notice was mailed, and the date of mailing, together with the post
office receipts and return receipts attached thereto, a statement
that the required sign was posted upon such property, and the
publisher's affidavit of publication. Such proof shall be filed
with, and shall become a part of, the record of tlae Zoning Board of
Appeals.
(c) Tle public hearing shall be held. Any,party may appear in person,
or by agent or attorney;
(d) The Zoning Board of Appeals shall make a finding that it is empowered
under the section of this ordinance described in the application to
grant the use by review, and that the granting of thn use by review
will not adversely affect the public interes�
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(e) Before any use by review shall be permitted, the Board shall make
i
written findings certifying compliance with these specifi- riles
governing individual uses by review and that eeticfactory prari-
lion and arrangement has been made concerning the followin&,
where applicable:
(1) Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
particular attention to the items in (1) above and the
economic, noise, glare, or odor effects of•the use by re-
view on adjoining properties and properties generally in
the district;
(3) Refuse and service areas, with particular reference to the
items in (1) and (2) above;
(4) Utilities, with reference to locations availability, and
compatibility;
(5) Screening and buffering with reference to type, dimensions,
and character;
(6) Signs, if any, and proposed exterior lighting with refers
ence to glare, traffic, safety, economic effect, and
compatibility and harmony with properties in the district;
(7) Required yards and other open space;
(g) General compatibility with adjacent properties and other
property in the district,
4. Variances: Conditions Governing Applications; Procedures To authorize
upon appeal in specific cases such variance from the terms of this ordinance as will
r.ot be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this ordinance would result in unnecessary hard-
ship. A variance from the terms of this ordinance shall not be granted by the
Zoning Board of Appeals unless and until:
(a) A written application for a variance is submitted containing the
following;
(1) The applicant's name and address and the name and address
of any person, firm or corporation represented by such
applicant in the application,
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control, and access
in
case of
fire
or catastrophe,
(2)
Off- street parking
and
loading
areas
where required, with
particular attention to the items in (1) above and the
economic, noise, glare, or odor effects of•the use by re-
view on adjoining properties and properties generally in
the district;
(3) Refuse and service areas, with particular reference to the
items in (1) and (2) above;
(4) Utilities, with reference to locations availability, and
compatibility;
(5) Screening and buffering with reference to type, dimensions,
and character;
(6) Signs, if any, and proposed exterior lighting with refers
ence to glare, traffic, safety, economic effect, and
compatibility and harmony with properties in the district;
(7) Required yards and other open space;
(g) General compatibility with adjacent properties and other
property in the district,
4. Variances: Conditions Governing Applications; Procedures To authorize
upon appeal in specific cases such variance from the terms of this ordinance as will
r.ot be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this ordinance would result in unnecessary hard-
ship. A variance from the terms of this ordinance shall not be granted by the
Zoning Board of Appeals unless and until:
(a) A written application for a variance is submitted containing the
following;
(1) The applicant's name and address and the name and address
of any person, firm or corporation represented by such
applicant in the application,
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(2) The interest of the applicant and the iatorest of the peraou
or persons, firm or corporation represented by the applica:..�,
be it legal, sales, development, operation, or other inter-
es t;
(3) The nature of the variance, the street address, and a logal
description of the property for which the vatience is
requested;
(4) A statement of the facts which the applicant believes
justify the variance;
(5) A plat to scale showing the dimensions of the property and
the location of improvements with respect to property
lines, for which the variance is requested.
(b) ??otice of public hearing shall be given as Sru Section 11 (3) (b)
above;
(a) The public hearing shall be held. Any party may appear in
person, or by agent or attorney;
(d) Conditions required for variance. refore the zou_ng Board of
Appeals may grant a variance it shall find, in writing, based
upon appropriate evidence and testimony, that all of the follow-
ing conditions exist:
(1) The granting of a variance will not: reduce the required
light and air to adjacant properties; conotituts a nuinauce
to the properties within 100 feet of the property for which
the variance is requested; or substantially reduce the
monetary value of properties within 100 feet of the proper-
ty for which the variance is requested,
(2) The general planning or the City with respect to land use,
density of use, and the location of streets and highways
will not be jeopardized.
(3) Strict ad'aetence to this ordinance would not secure appro-
priate development of the property for which the variance
is requested.
(4) The property z'or which the �,arianc3 is requested suffers a
unique or singular disadvantage, not common to other
property in the district, through the operation of this
Or dioan0e. ',
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ou:ixj Ioll.iz once" .. -, of;
(e) The non- conforming use of neighboring lands, structures, or
buildings,.in the same district, and permitted or non - conforming
use of lands„ structures, or buildings in other districts shall
not be considered grounds for the issuance of a variance:
(f) Under no circumstances shall the Zoning Board of Appeals grant
a variance to allow a us* not permissible under the terms of
this ordinance in the district involved, or any use expressly or
by implication prohibited by the terms of this ordinance in said
district.
(g) In granting any variance, the Zoning Board of Appeals may pre-
scribe appropriate conditions and safeguards in conformity with
this ordinance. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is
granted, shall be deemed a violatiou of this ordinance and
punishable under section 18 of this ordinance.
(h) Time limit. Any variance, or use by review or building permit
granted by the Zoning Board of Appeals shall not be personal to
the applicant, but shall be transferable and shall run with the
land, except that arty variance, or use by review, or building
permit granted must be exercised in full within not more than
one year from the date of granting such variance, or use by
review, or building permit unless application for renewal is
made to and approved by the Zoning Board of Appeals 60 days
prior to the expiration date; otherwise, the variance, or use
by review, or building permit so granted shall become null and
void and the parcel of land shall thereafter be subject to all
applicable regulations of this ordinance. The diocontinuance
or non -use of any variance, use by review, or building permit
granted by the Zoning Board of Appeals hereunder for a period
of a year shall terminate the right to such variance, use by
review, or building permit.
S. Board Has powers of Administration Office on Appeals; Reversing Deci-
sion of Administrative Official. In exercising the above mentioned powers, the
Zoning Board of Appeals may, so long as such action is in conformity with the terms
of this ordinance, reverse or affirm, wholly or partly, or may modify the order,
requirement,, decision, or determination appealed from and may make such order,
requirement, decision, or determination as ought to be made, and to that end shall
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have the powers of the administrative official from whom the appeal is taken.
The concurring vote of four members of the Board shall be necessary to
reverse any order, requirement, decision, or determination of the administrative
official, or to decide in favor of the applicant on any matter upon Which it is
required to pass under this ordinance, or to effect any variation or to grant any
use by review in the application of this ordinance.
S=:'10 III. _AFPEAL FR039 TUE ZONIWIG LOARD 01 APPEP
Aay person or persons, firm or corporation, or r.r..y board,
department, or bureau of the City aggrieved by any deciaion of the Z"il.n.; Board of
Appeala may seek review by a court of record of such decision, in the vannor pro-
vided by Rule 106 of the Colorado Rules of Civic Procedure. A petition for such
review shall be filed within 30 days after final action of the ZonLna Board of
Appeals. It shall not be a condition precedent to judicial review that the Board
rac'. its decision.
It is the intent of this ordinance that all questions of interpretation
and enforcement shall be first presented to the administrative official, and that
such questions shall be presented to the Zoning Board of Appeals only on appeal from
the decision: of the A&—atuistrative olfirial, and.that recourse from the decisions
of the Zoning Board of Appeals shall be to the courts as provided by Rule 106 of the
Colorado Rules of Civic Procedure. All such review shall be filed within 30 days
after final action of the Zoning Board of Appeals.
It is further the intent of this ordinance that the duties of the
City Council in connection with this ordinance small not include hearing and
deciding questions of interpretation and enforcement that may arise. The procedure
for deciding such questions shall be as stated in this section and this ordinance.
Under this ordinance the City Council shall have only the duties (1) of considering;
and adopting or rejecting proposed amendments or the repeal of this ordinance, as
provided by law, and (2) of establishing a schedule of fees and charges as stated
in Section 14 below.
_c ::T:Di4 14. SCHEDUL OF FEES. C HARGES. AND EXPENSES
The City Council shall by resolution establish a schedule of fees, chargeq,
and expenses and a collection procedure for building permits, certificates of sonin;
compliance, appeals, amendments, and other matters pertaining to this ordinance.
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_'he schedule of fees shall be posted in the office of the administrative official,
rnd may be altered or amended only by resolution of the City Council.
Until all applicable fees, charges, and expenses have been paid in full,
no action shall be taken on any application or appeal.
SEMON I.S. AMuffi) ENmc
1. Aopli.cation. Any person and any public or private agency desiring a
change in the zoning ordinance shall submit to the Planning and Zoning Commission a
written application containing the following:
(a) The applicant's name and address and toe name and addreos of any
person, firm or corporation represented by such applicant in the
application;
(b) The interest of the applicant and the interest of the Perron, firm or
corporation represented by the app'icant, be it legal, sales develcp-
ment, operation, or other interest;
(c) The nature of the amendment and a legal desc ription of the. property
which would be affected by the amendment;
(d) A statement of the facts which the applicant believes justify the
amendment;. provided,' however, when'any smondrWnt'cluuisib6 tLe zonit:,
map is requested, the following additional information shall be
furnished.
(1) A general description of the proposed development to the diste.nr.p
which will be affected; such description innluding subjects of
environmental effect, economic effect and traffic effect, If
any; and such description carried outAn scope and detail to the
extent needed to support the requested amendment and as may be
required by the Planning and Zcning Commission.
(2) A tentative site plar_ showing proposed structures, uses, opan
spaces, facilities for parking and loading, and arrangements for
pedestrian and vehicular circulation;
(3) A statement of the proposed time schedule for bagi^.ning and
completion of development;
(4) A statement reasonably indicating the applicant's oronomic .'e-
sponstbility and capability of acccmpiishing the davelop-wnt for
which a aoning amendment is requested,
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OtlEI% �JJ O1JJMj
2. - p ,earing, Notice. The Planning and Zoning Commission shall_ hear appli-
cations for amendments and shall set a time for a public hearing. The Commission
quad cause writtan notice of public hearing on the proposed changes to bo sent to
owners of real rrcperty lying within three hundred fee*_ of the property on which the
change 5•n zone is proposed, such notice to be given rot leas than fiftce:a days before
the date set for the hearing. Such notice may be served by depositing the same,
propariy adexessed and postage paid, in the post office. Notice shall be posted in
a conspic+:ous place on or near the property upon which action is pending. Such
poetsd nor,�;,a ehali be not less than eighteen inches by tsrent,y-four, ln(J+:s with black
1^_tters not leas than one inch in height on white background and shall b. clearly
i.ci'ala from t -o. street. Such notice shall be so posted at least fifteen days betote
the date, of th.e itoering. It nhall !)a unlawful for any person to remove mutilate,
&c trey or chan such posted notice prior to the hearing.
3. _nztis by C The Planning and Zoning Commission. may
t:.iti.e.te proposed amendments to the zoning ordinance in accordance wW4 See. 15-2,
cr by giving notice by publication in a newspaper as required by the City Charter at
least fifteen days before the date set for the hearing. ._c`: publicatLc ^l E:aall
appear thr: -e timeS, on separate days, and shall state the description of the property
and the time and place of the hearing.
4. Rec ommendations to Council. The planning and Zonira ^,ommission shall
sutmit to the City Council its recommendations on proposed amendments within thirty
(3C) days ofter the hearing is concluded. Such recommendation may be to appro -re,
appreva whit condition as provided in Sec. 15-5 or disapprove the application.
5. C oats, D Re- AOnlyi -ne Before any action shall be taken, the
applicant pro -esing or recommending a change in the district regulations or district
hou- .da.ries rhall d ^.posit with the City Clerk an application fee of twenty -five
dollars. After. the Commission has made its recommendations and before the n- epara-
tics and presentation of an ordinance to the City Council by the planning staff, an
ordinance fee of twenty -five dollars must also be deposited with the City Clerk to
eav_r the arprosimate costs of this procedure.
Under no condition shall such sum or any part cheraof be refu:ic : for
failure of such change to be adopted by the City Council.
t,o deposit of money shall be required when any action is initiated by the
l.aaniug and Zoning Commission.
In the event the proposed amendment or change is denied by the Council, no
new re_uest shall be made for the same or a substantially similar amendment or ch:.nee
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within six mouths of such d=ial thereof.
��A I
6. Cou Ccn siderstion_ Upon payment of the required ordinance fee, the
City Council shall consider the application for amendment of the zoning map, which
application @hall have followed the procedures set forth -in Sec. 15 -1 through 15 -5
inclusive-;
7. Resolution-of-latent to.Re- Zoae, k ally time following the @lode of
public hearing upon the ordinance amshdiug the aoaing map the Council may Widato
its general approval in principle of the proposed amendment by the adoptiox of a
"Resolution of Intent to Re -Zone" all or any portion of the property described in
the application. Such resolution shall set forth any conditions, stipulations, or
limitations which the Ccuncil may determine necessary in the public interest to re-
quire as a prereouipiste to final action.
The failure of the applicant to meet all conditions, stipulations and
limitations contained in said resolution within the time limit stated therein, or
within any extensions granted by the Coulaeil shall reader said resolution a nullity
for alL purposes. No express finding of the City Council an to failure to meet such
conditions shall be necessary in order to annul said resolution. Failure of the
applicant to appear before the Council to prove or offer to prove strict compliance
with such conditions, stipulations and limitations within the time limit or any
extension thereof shall be conclusive evidence of noncompliance. In all cases where
proof of compliance is submitted to the City Council, the finding of compliance or
non - compliance by the Couucil shall be conclusive upon the applicant. In the event
this Council shall find that the conditions, stipulations and limitations set forth
in the resolution hPve not been mat, it may take the following action:
(a) Extend the time for compliance not to exceed one year fron the
date such extension is granted; of
(b) Completely annul the resolution and declare all structures w%
improvements placed thereon by applicant to be nonconforming and
order the removal of such structures and improvements within such
reasonable time as shall be determined by the Council; or
!c) Modify and amend said resolution provided such modification
alrall not permit ony use r:;:.pressly or impliedly prohibited in the
original resolution, and provided further that the spirit and
intent of the original resolution shall be carried cut„ refre
ti.- C:.ty Council shall take final action on apy proposed
mp4i.`.iation of a resolution of intent, such proposed
itAiid.catirns shall bG referred to the Planning and Zoning
Ccwissiol for ± :xcomendat :cW,
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ou:aii) ui�'.�xf omit
After strict compliance with all conditions, stipulations and limitations
in the resolution of intent as originally approved or as modified, the Council may
finally approve an ordinance effecting such amendment of the zoning map; provided
always that nothing contained herein and no action taken by virtue of the above
shall be construed to be a. delegation, surrender or curtailment of the legislative
pow:•.rs, police poo.•ers er r. vi.riatrative authority of thO City oz the City Council.
SEA :0i 16, eR STO (° ;i3 OkDINANC? P.EC7AR3D T C D! _MC:III4IIM •5:13 - EM N RS
in '.•hsir in`er;retation and application, the provisions of this ord'.txa vca
sbai.l i)e helll to be x-MLaim requirements, adopted hoc the promotion of ik•s pu:i?ic
hca'.Va, safpq, mol - els, or general welfare. Wherever: tau requirements o' thin ordi-
na,x;e are at va::ia c.s with the requirements of r.uv other lawfully adDptod rules,
re3x ;lations, ordivancen, deed restrictions, or vovunants, the most rast.:ictive or
th at imposing the i,i.ohar standards, shall gova_c..
. SECTl0Lj _ J L, COMPLAIN " "S RSGARMXG VIOLATION
Whenever a violation of this ordiu;n.:n occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint stating fully thn
causes and basis thereof shall be filed with the administrative official. He shall
record preparly suck. complaint, immediately investigate, and take action thereon as
provided by t`iic ordinancs-
:-
u k. �T %0;1 18 < RHl?AL FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with
any of its requirements (including violations of conditions and safeguards estab-
lished in connection with grants of variances or uses by review) shall constitute a
violation of the Code of Ordinances of the City of Pueblo, Any person who violates
this ordinance or fails to comply with any of its requirements shall upon conviction
thereof be punished as provided in Section 1 -8 of the Code of Ordinances,
The owner or tenant of any building, structure, premises, or part thereof,
and any architect, builder, contractor, agent, or other person who commits, partici-
pates in, assists in, or maintains such violation may each be found guilty of a
separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the City from taking such other
".ewful action as is necessary to prevent or remedy any violation,
i
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t
SECT,I 1.9 SEPAR ABILITY CLAUSE.
Should any section or provision of this ordinance be declared by the courts
to be unconstitutional or invalid, such decision shall not affect the validity of
the ordinance as a whole, or any part thereof other than the part so declared to be
unconstitutional or invalid.
;' TIOM 2 R. D92INITIONS
For the purposes of this ordinance, certain terms or words used herein
shall be interpreted as follows:
The word persur, includes a firm, association, o,ganization, pnrznerohip,
trust, company, or corporation as well as an individual.
The present tense includes the future tense, the Eingular cumber includes
the plural, and the plural number includes the singular.
The word shall is mandatory, the word may is permissive.
The words used or occupied include the words intende dssizned or
arra —; d t o be u sed or occupied.
The word lot includes the words plot or av reel.
Accessory Us e or Structure - A use or structure on the same lot with, and
of a nature customarily incidental and subordinate to, the principal use or struc-
ture, An accessory structure may be attached to a principal structure.
Buildable Area - The portion of a lot remaining after required yards
have been provided.
Bu ildinz. Principal and /or Main - A building in which is conducted the
main or principal use of the lot or parcel on which said balding is sitna*_ed, and
including areas such as garages, carports, storage sbeds, etc., which are attached
to and architecturally integrated with the principal building.
C ampine Ar Commercial An area for the pStching of tents or similar
accommodations, providing sanitary facilities, laundry facilities, and disposition
of waste, rubbish and debris created or deposited by its patrons. No person shall
be permitted to ramp on any commercial camping area for a period longer than 15
drys.
C Institution - An institution organized and operated for general
public use for the benefit of an indefiuite number of persons and designed to benefit
them from an educational, religious, moral, physical or social standpoint. Such an
orgACisation may not be donducted for profit and no part of the not earnings 01%11
taure to the benefit of any private shareholder or individual.
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Child Care Center - A facility, by whatever name known, which is ma3n-
tained for the whole or part of a day for the care of five or more children under
the age of sixteen years and not related to the owner, operator, or manager thereof,
whether such facility is operated with or without compensation for such care, and
with or without stated educational purposes. The term shall include facilities
commonly known as "day care centers ", "day nurseries ", "nursery schools ", "kinder -
I
gartens ", "pre - schools ", "play groups ", "play schools ", "day camps ", "summer camps"
,and "centers for mentally retarded children ".
Drive -In Restaurant or Refreshment Stand - Any place or premises used for
sale, dispensing, or serving of food, refreshments, or beverages in automobiles,
including those establishments where customers may serve themselves and may eat or
drink the food, refreshments, or beverages on the premises.
Dwelling. Multiple Family - A residential building designed for or
occupied by three or more families, with the number of families in residence not
exceeding the number of dwelling units provided.
Dwelling. Single - Family - A detached residential dwelling unit other than
a mobile home, designed for and occupied by one family only. (Includes a mobile
home if it meets the Building Code, is unlicensed as a motor vehicle, attached to a
permanent foundation, and on the ad valorem tax rolls as an improvement.)
Dwelling. Two - Family - A detached residential building, containing two
dwelling units, designed for occupancy by not more than two families.
Dwelling Unit - One room, or rooms connected together, constituting a
separate, independent housekeeping establishment for owner occupancy, or rental or
lease on a weekly, monthly, or longer basis, and physically separated from any other
rooms or dwelling units which may be in the same structure, and containing inde-
pendent cooking and sleeping facilities.
Fad - One or more persons occupying a single dwelling unit, provided
that unless all members are related by blood or marriage, no such family shall
contain over five persons, but further provided that domestic servants employed on
the premises may be housed on the premises without being counted as a family or
families, and that a child or children on the premises by reason of a visitor family
care program shall be deemed related for the purposes of this definition.
Farm or Ranch - An area of at least five acres in size and used for fara.-
!.ng or agriculture.
Farming or Ranching - The act or business of cultivating land, producing
crops and /or keeping livestock.
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Floor Area. Gross - The sum of the gross horizontal areas measured between
the exterior faces of exterior walls of the several floors of a building and acceao -
ao -y buildings, including interior walls, balconies, mezzanines, hallways, wells,
basements, and cellars, and including the area of roofed porches, patios and Car-
ports having more than one wall.
Fl Area, Net - The sum of the gross horizontal areas measured between
the interior faces of exterior walls of the several floors of a building and acces-
sory buildings including interior balconies, mezzanines, retail or wholesale floor
areas, basements, cellars and surrounding open spaces used in conjunction with the
building and accessory buildings, but excluding interior walls, enclosed hallways,
wells, shafts, lavatories, furnace rooms, janitor supply rooms or closets, accgc;:ory
storo rooms, and roofed porches, patios and carports enclosed by less than three
walls.
Floor Aran, Ratio (F.A.R.) - The quotient of the gross floor area of all
buildings on a parcel divided by the area of said parcel, for example:
Floor Area - 100 sq ft - F.A.a 2
Land Area - 50 eq ft
Hom Occupation - An occupation conducted in a dwelling unit, provided
that:
(a) No person other than members of the family residing on the premises
shall be engaged in such occupation;
(b) The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than 25 per cent of the floor area of the
dwelling unit shall be used in the conduct of the home occupation;
(c) There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home
occupation other than one sign, not exceeding one square -foot in
area, non - illuminated, and mounted flat against the wall of the prin-
cipal building (See Sign Home Occupation)
(d) No home occupation shall be conducted in any accessory building;
(e) There shall be no sales in connection with such Noma occupation;
(f) No traffic shall be generated by such home Occupation in greater
volumes than would normally ba erpacted in a residential ntighborhood,
and any need for parking generated by the conduct of ouch home occu-
pation shall be met off the street and other ".bra i*: t. required fxr.'.t
yard.
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(g) IVo equipment or process shall be used in such home occupation which
08JX�_
creates noise, vibration, glare, fumes, odors, or electrical inter-
ference detectable to the nc -mal senses off the lot, if the occupa-
ttou is conducted in a single- family residence, or outside the
dwelling unit if conducted in other then a single - family resido -Ce.
In the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference in anyrradio or
television receivers off the premises, or causes fluctuations in Una
voltage off the premises.
Hous, Grouped - A group of two or more attached or semi - attached dwoll-
ing units or apartment structures usually separated by a court or courts used in
common by the inhabitants thereof.
L_sd So ace, Off- Street - Space logically and ecnvoniently located for
bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off - street parking spaces are filled.
R quired off - street loading space is not to be included as off- street parking spate
in computation of required off - street parking space.
Lot - For purposes of this ordinance, a lot is a parcel of land at least
sufficient size to meet minimum zoring requirements for use, coverage, and area, and
to provide such yards and other open spaces as are herein required. Such lot shall
have frontage on an improved public street, or on an approved private street, and
may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record, of complete lots of record
and portions of lots of record, or of portions of lots of record;
(d) A parcel of land described by metes and bounds;
Provided that in no case of division or combination shall any residual lot or parcel
La created which dces not meet the requirements of this ordinance.
Loc Fr.onta:�e - The front of a lot shall be construed to be t::e portion
nearest the street. For the purposes of determining yard requirements cn corner
lots and trough lots, all sides of a lot adjacent to streets shall be considered
frontage, and yards shall be provided as indicated under Ygrds in this section,
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ua�n
Lot Mea -
(a)' II°nth of a lot shall be considered Lo be the distance between the
midpoints of straight lines connecting the foremost points of the
side lot lines in front and the rearmost points of the side lot lines
in the rear.
(b) {?i of a lot shall be considered to be the distance between straight
lines connecting front and rear lot lines at each side of the lot,
measured across the rear of the required front yard, provided hovevsr
that width between side lot lines at their f ^remost points (where
they intersect with the street line) shall not be less than 80 per
cenc of the required lot width except in the case of lots on the
turning circle of cols -de -sac, where the 80 per cent requirement
shall not apply.
_,ot of ae;orc. - A lot which is past of a subdivision recorded in the office
of the County Clerk, or a lot or parcel described by metes and bcuuds, the descrip-
tion of which has been so recorded.
an Tvr ns - The diagram (Figure 1) which fellows illustrates terminology
used in this ordinance with reference to corner lots, interior lots, reversed
frontage lots and throup lots:
Fig ure 1
B B
( e1—D N � A B
(1, _
A H B ... i B -D C -D
A -D A
B
B
B B B A A A
In the diagram, A - corner lot, defined as a lot located at the inter-
section of two or more streets. A lot abutting on a cured street or streets shall
be considered a corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior angle of less
than 135 degrees. See lots marked A( in the diagram.
B - interior lot, defined as a lot other than a corner lot with only one
frontage on a street.
C - t ush lot, defined as a lot other than a corner lot with fcontage 04
more than one street. Through lots abutting two straeta may be referred to as
double frontage lots.
U�d =1
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D m reversed fronto lot, defined as a lot on which the frontage is at
right angles or approximately right angles (interior angle less than 135 degrees) to
the Cene::c1 pattern in the area. A reversed frontage lot may also be a corner lot
(A -D in the diagram), an interior lot (B -D) or a through lot (C -D).
Mobila Home - Any vehicle used or maintai ed for use as a coxveyance upon
highways or public streets or waterways, so designed and so constructed as to permit
occupancy thereof as a dwelling unit or sleeping place for one or more persons or
for co=me rctal use, having no other foundation than wheels or jacks.
Mobile Ho Park - An area of at least five acres, not bisected try a public
way, d %signed and improved as a site for ten or more mobile homes and related drive-
ways, laadscap.ug, parking areas, recreational facilities, service facilities and
other r•reuitiea.
Advertis Bus iness - Prov.tEioo of outdoor, di.aplays Or dlspiry
space on a lea3e or rental basis only.
?arki Space .Off- Street - For the purposes of this ordinance, an off-
street parking space shall consist of a apace adequate for parking an automobile
with room for opening doors on both sides, together with properly related access to
a public street or alley and maneuvering room. Required off - street parking areas for
three or more automobiles shall have individual spaces marked, and shall be so
designed, maintained, and regulated that no parking or maneuvering incidental to
P.3rk.ing shall be on any public street, walk, or alley, and so that any automobile
may he prr:ced and unparked without moving another.
For purposes of rough computation, an off - street parking space and noes- _
nary access and maneuvering room may be estimated at 300 square feet, but off - street
parkin-7 will be considered to be met only when actual spaces meeting
the reouirements above are provided and maintained, imptoved in a manner appropriate
to no circumslnnce.s of the case, and in accordance with all ordinances and regnla-
tirna of the City.
Person Aggrieved - Any unsuccessful applicant for a particular in.terprets-
tion cr administration of this ordinance or for a variance or special use permit. or
zoning or re- zoning, or any officer or administrative official of the City affected
b;; any final action. In the case of an application for a variance, spsc.ial use
permit., zoning or re- zoning, all persons to whom notice of such application is re-
gaLxac. to be given under the terms of this ordinance may also be deemed aggrieved
p ^rsor.s for the purpose of prosecuting an appeal from the final action, Zoning Boar'
of r`.,ac2dla or from the City Council as the case may be.
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Profe Offices - The office of a surgeon, physician, dentist,
clergyman, architect, engineer, attorney, musician, artist, or similar professional
per.von. Clinics and laboratories operated in conjunction with an office of
physicians and surgeons may be considered a part of the professional offices.
recreati Facilities, Priva - Land, buildings, facilities and equipment
reserved for the exclusive use of owners, occupants, tenants, customers or members
of non - profit clubs, associations, etc., for either active or passive recreation
purpose:. Tb�_s definition shall include but is not limited to golf clubs, tennis
clubs and similar organizations and activities.
Refre Stand - see definition Drive -In ...
Servi!:e St ation - Buildings and premises where gasoline, oil, grease,
batteries, tires, and automobile accessories may be supplied and dispensed at
retail, and where iu addition the following services may be readered and sales made,
and no other:
(a) Sale and servicing of spark plugs, batteries, and distributors and
distributor parts;
(b) Tire servicing and repair, but not recapping or regrooving;
(c) Replacement of mufflers and tail pipes, water hose, fan belts, brake
fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers, wheel bearings, mirrors,
and the like;
(d) radiator cleaning and flushing;
(e) Washing and polishing, and sale of automotive washing and polishing
materials;
(f) Greasing and lubrication;
(g) Providing and repairing fuel pumps and lines;
(h) Minor servicing and repair of carburetors;
(i) Emergency wiring repairs;
(j) Adjusting and repairing brakes;
(k) Minor motor adjustments not involving removal of the head or crank-
case or racing the motor;
(1) Sale of cold drinks, packaged foods, tobacco, and similar convenience
goods for rarvica station customers, as accessory and incidental to
principal operation;
(m) Provision of road maps and other informational material to customere;
provision of restroom facilities.
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Uses permissible at a dareioa station do not include major mecha;aicil and
body work, straightening of body parts, painting, welding, storage of automobiles
not in oporatin3 condition, or other work involving noise, glare, fumes, smoke, or
other characteristics to an extent greater than normally found in service stati.ona.
A ra;:vicn station is not a repair garage nor a body shop.
Sips - Any device designed to inform or attract the attention of persons
not on t" promises on which the sign :.s located and including any words, letteria ,
figures, numerals, phrases, sentences, devices, designs, pictures, symbols or trade
corks by which anything is made known, such as are uced to deoignate a firm, an
a_na�lstion, a corporation, a business, a service or a commodity or product, or any
type of publicity, whether placed on natural objects or on a building, fence or
other maa-m da structuro, which are visible from any public street or public road
right -nf -•way; provided, however, that the following shall not be includ:-1 in the
application of the regulations herein:
(a) Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants of premises,
or other identification of premises not having commercial connote-
tions;
(b) Flags and insignia of any government except when displayed in
connection with commercial promotion;
(c) Segal notices; i:ientification, informational, or direct.onai sigua
erected or required by governmental bodies;
(d) Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts, or moving lights;
(e) Signs directing and guiding traffic, and parking or. private property,
but bearing no advertising matter.
Sic ^. - A sign which directs attention to a business, product,
activity or service which is not conducted, sold or offe,ad upon the pr;rnisos :•`are
such sign is located.
Sian, Animated - Any sign having a conspicuous and intermittent variation
l.n the physf.cal poattion of any part of the sign.
Sipia_Area - The total area enclosed by the shortest line that can be drav#m
arcund the etetire sign or sign structure, including all parts and appurtenances
tha:aot. Frames and structural matter., not eucoedll:g o ^.e square foot in cross sec-
ti.co and not bearing lights or advertising matter, shall be excluded in computation
of cign area. Each display face of a sign or sign structure shall be measured
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t_para *.eI in computing total sign area.
6i_ - A sign which directs attention to a business, professior.,
service, product or activity sold or offered upon the premises where such sign is
located.
Sign, Combination - Any sign incorporating any combination cf the features
of.ree- standing, projecting and /or roof signs.
Iic", Construction - A sign advertising the development or improvement of
a property by a builder, contractor or other person furnishing services, materials,
or 1:::ar i:o said premises, which sign is intended for a limited period of display
fr..) ; :Ce ^..ted on the same lot with the work being done.
Sian, FTashina - Any sign having a conspicuous and intermittent variatitn
in tha Llluminetion of the sign.
S1en Seanding - A sign which is supported by ouc or morn ugrignts,
poles, '.r Lracas In or upun the ground..
Sien„ Home Occupation - Home occupation signs shall be mounted flat against.
Lire w.a1.0 c tha principal building. Illuminated signs or signs painted upon a
Tan^ or upon a glass pana mounted in a door in such a manner that light from
a;1 r.ha dwelling shall cause such sign or lettering to be illuminated from within
}. not be permitted. In measuring the area of the sign, which area shall Lot
exceed onz square foot, the entire panel or plate upon which the sign is painted or
viJimvwlse inscribed shall be included, and not merely the area occupied by the
Sign, Off -Site - A sign other than an on -site sign.
.Oa-Site - A sign relating in its suiject matter to the preuiaes en
which it is located, or to products, accommodations, services, or activities on the
:amires. On -size signs do not include signs erected by the ou`dour advartisins
irdusi;r,y in the conduct of the outdoor advertising business.
S'irtn, 1'rolectir - A sign which is attached directly to the 'building wall
ac-- wick. extends more than fifteen inches from the face of the wail.
Real Estate - A sign indicating the availability for sale, rent or
lLese of a parcel or building upon which the sign is placed or displayed.
Sian, Roof - A sign erected upon or above a roof or parapet wall of a
:slid! ^g cr structure.
§tgA Su}�d&XJAi,on - h sign advarci aing the oalo ar development of sub -
1d +riai.o.c lots, parcels or tracts and erected upon the property being subdivided and
a9::artised for sale.
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Ob
S ian. Wall - Any sign painted on, attached to, er erected aga3.aa*_ tha wall
..:c a building or structure, with the exposed face of the aigu in a plant parallel tc
the plena of said wall and extending not more than fifteen inches from the face of
the wall.
Stre Approved Private - A street shown on a filefi plat as private which
me*ts city standards but is owned and maintained by the abutting property owners,
according to terms in the covenants that assure continuous maintenance.
S treet Line - The right -of -way line of a street.
Stru - Anything constructed or erected with a fixed location on the
grvw.ad, or attached to something having a fixed location on the ground. Among other
things, structures include buildings, mobile homes, walls, fences, billboards, and
poster Pozels.
Structu Principal - See definition B4tildina. Prin cipal,.
Trrvol Trailer - A vehicular, p:) taLl9 un A
designed to be used as a temporary dwelling for travel and recreational purposes,
havinc a body width not exceeding eight feet.
Uses by Review - A use by review is a use that would not be appropriate
generally or without restriction throughout the zoning division or district but
which, if controlled as to number, area, location or relation to the neighborhood,
would promote the public health, safety, welfare, morals, order, comfort, conven-
ience, appearance, prosperity, or general welfare. Such uses may be permitted in
such zoning division or district as uses by review, if specific provision for such
uses by review is made in this zoning ordinance.
Variance - A variance is a relaxation of the terms of the zoning ordinance
where sur.h variance will not be contrary to the public interest and where, owing to
coeditions peculiar to the property and not the result of the a-:tions of the appl -•-
:.Int a literal enforcement of the ordinance would result in unnecessary and undue
hardship. As used in this ordinance, a variance is authorized only for 'height, area.,
are: size of structure or size of yards and open spaces; establishment or expansion of
r•. usu otherwise prohibited shall not be allowed by variance, nor shall a variance be
;canted because of the presence of non - conformities in the zoning district or uses
.., s.n adjoining zoning district.
Yard - A required open apace other than a court unoccupied and unobstruct..:I,i
by au; structure or portion of a structure from 30 inches above the general grow.. - ul
1 ^r•.l of the graded lot upward, provided however that fences, walls, pnles,',posts,
an;: other customary yard accessories, ornaments, aul farnitnre may be pe.rni;tte4 i^
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any yard subject to height limitations and requirements limiting obstruction of
>bility.
Y ard. Front - A yard extending between side lot lines across the front of a
lot adjoining a public or approved private street,
In the case of through lots, unless the prevailing !ront yard pattern on
adjoining lots indicates otherwise, front yards shall be provided on all frontages.
Where one of the front yards that would normally be required on a thr.rtgh lot is not
in keeping with the prevailing yard pattern, the administrative official may waive
the requirement for the normal front yard and substitute therefor a cpecial yard
requirement which shall not exceed the average of the yards provided on adjacent
ln:s.
In the case of corner lots which do not have reversed frrintage, a front
yard of the required depth shall be provided in accordance with the prevailing yard
pattern and a second front yard of half the depth required generally for front yards
in the district shall be provided on the other frontage.
In the case of reversed frontage corner lots, a front yard of the required .
depth shall be provided on either frontage, and a second front yard of half the depth
required generally for front yards in the district shall be provided on the other
frontage.
In the case of corner lots with more than two frontages, the administrative
official shall determine the front yard requirements, subject to the following limita-
tions: (1) At least oc.a front yard shall be provided having the full depth required
generally in the district; (2) No other front yard on such lot shall have lees than
half the full depth required generally.
Depth of required front yards shall be measured at right angles to a
straight linajoiningthe foremost points of the side lot lines. The foremost point of
the side lot line, in the case of rounded property corners at street intersections,
shall be assumed to be the point at which the side and front lot lines would have met
without such rounding.
Yard. Side - A yard extending from the rear line of the required front yard
to the rear lot line, or in the absence of any clearly defined rear lot line to the
point on the lot farthest from the intersection of the lot line involved with the
public street. In the case of through lots, side yards shall extend from the rear
lanes of f yards required, In the case of corn�ar„ 1„U yards remaining after
full - and half -depth front yards have been established shall be considered side
yards.
62
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Width of a required side yard shall be measured in such a manner that the
- established is a strip of the minimum width required by district regulations
with its inner edge parallel with the side lot line.
Yard._ - A yard extending across the rear of the lot between inner side
yard lin %s. In the case of through lots and corner lots, there will be no rear
yards, but only front and side yards.
yzp!h of a required rear yard shall be measured in such a manner that the
yard established is a strip of the minimum width required by district regulations
with it: inner edge parallel with the rear lot line.
Yard Special - A yard behind any required yard adjacent to a public or
approved private street, required to perform the same functions as a side or rear
yard, but adjacent to a lot line so placed or orient %Q that neither the term "side
yard" nor the term "rear yard" clearly applies. In such cases, the ad- Ani.strative
offici =l Shall require a yard with min•..vum dimensions as generally requLTed for a
si.da yard or a rear yard in the district, datermiuing which shall apply by the rela-
tion jai the portion of the lot on which the yard is to be located to the adjoiniug
lot or lots, with due regard to the orientation and locaLl oa of structures and build -
e,ble areas thereon.
The diagram (Figure 2) below illustrates location and methods of measurl - %i
yards on rectangular and non- rectangular lots.
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Figure 2
LOCATION AND NpASURF.N3NT OF YARDS ON LOTS
0
Yards
/1
Rear : •: j
Special fwd
Lot Lines
Yard measurement lines - - - _ _ _ _ _ _
The illustration here assumes front yard depths required
at 30 ft. (half -depth front yards 15') side yard widths
10 ft., and rear yard depths 10 f^. Note that at A, a
special yard is shown, indicating treatment where usual
side or rear yard teniainology would be difficult to apply
but purpose of the yard is clear.
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SECTION 21. REPEAL OF CONFLICTING ORDINANCES: EFFECTIVE DATE
All ordinances or parts of ordinances in conflict with this zoning ordi-
nance, or inconsistent with the provisions of this ordinance, are hereby repealed
to the extent necessary to give this ordinance full force and effect. This ordi-
nance shall become effective on 7th day of March , 1968.
INTRODUCED November 13 , 1967
BY John Ballas
Councilman
APPROVED %
President of'the Council
ATTEST:
�- � City Clerk
►wwble [Gb.l ChbfeeFw, Ridgy, Oac. 2f, 11i1 7t
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