TITLE IV. LAND USE

CHAPTER 400: ZONING REGULATIONS

ARTICLE I. IN GENERAL

SECTION 400.010: SHORT TITLE

This Chapter shall be known and may be cited as the "Zoning Code of La Plata, Missouri", or simply as the "Zoning Code". (CC 1984 §42.010)

SECTION 400.020: DEFINITIONS

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

ACCESSORY BUILDINGS OR USES: A building or land use incidental and subordinate to the principal use or building and located on the same lot with such principal building or land use. Buildings or structures not included as permanent, such as playhouses, small storage sheds, incinerators for residential use, clothesline post and playground equipment with none any bigger than eighty (80) square feet base. All must be predetermined to be in compliance with the residential/commercial/ordinance of the existing area and may require the purchase of a permit. Compliance and necessity of a building permit is to be determined by the Building Inspector prior to construction or placement of said structures.

ADMINISTRATIVE OFFICER: The Building Inspector of this City, unless some other person is designated and authorized by the Board of Aldermen to perform the duties of the Administrative Officer.

ALLEY: A narrow public service way providing secondary access to abutting properties.

ALTERATION: Applying to buildings meaning a change or rearrangement in the structural parts or in the exit facilities, or an enlargement either by extending on a side or by increasing in height, or moving from one location or position to another, or by changing in the use from one zoning district permitted use to another district permitted use.

APARTMENT: A room or suite of rooms in a multi-family building which is arranged, used or intended to be used as a single housekeeping unit containing complete kitchen, bath and toilet facilities permanently installed.

APARTMENT HOUSE: A building arranged or designed to be occupied by three (3) or more apartments.

BLOCK: A parcel or parcels of land that are surrounded by public streets, roads, or highways. Where a block is not entirely surrounded by public streets, roads or highways, the Administrative Officer shall determine said block.

BOARDING HOUSE: A building other than a hotel where for compensation, meals or lodging and meals are provided for three (3) or more but not exceeding twelve (12) persons. An establishment

§ 400.020 La Plata City Code § 400.020

where meals are served for compensation for more than twelve (12) persons shall be deemed a restaurant.

BUILDING: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property.

BUILDING AREA: The maximum horizontal projected area of a building and accessory buildings, excluding open steps, terraces, and cornices projecting beyond the building not more than thirty-six (36) inches.

BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed, or existing or finished grade at the front of the building to the highest point of a flat roof, the deck line of a mansard roof, the mean height between the eaves and ridge for gable or a hip or gambrel roof.

BUSINESS ESTABLISHMENT: Any establishment conducting a profit-making operation entirely within the confines of an enclosed building.

CONDITIONAL USE PERMIT: A conditional use permit may allow a specifically identified land use or building occupancy as being acceptable at a particular place and states the conditions for the acceptability of the permitted non-conforming use or occupancy. A conditional use permit may impose time limits on a non-conforming use.

DISTRICT: A section of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and intensity of use are uniform.

DWELLING: A building or portion thereof designed or used exclusively for residential occupancy, but not including home trailers, mobile homes, hotels, motels, boarding and lodging houses, tourist courts, or tourist homes.

DWELLING, MULTIPLE: A building designed for, or occupied exclusively by more than two (2) families.

DWELLING, ONE-FAMILY: A building designed for, or occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY: A building designed for, or occupied exclusively by two (2) families.

FAMILY: One (1) or more persons whether or not related to each other by birth, adoption or marriage living as a single housekeeping unit.

FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit trees, and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce provided that the operation of any such accessory use is secondary to the normal farming activities and also that farming does not include the feeding of garbage or offal to swine or other animals.

FRONTAGE: The distance along a street line from one intersection street to another or from one (1) intersecting street to the end of a dead-end street.

§ 400.020 Zoning Regulations § 400.020

GARAGE, PRIVATE: An accessory in use by occupants of the lot on which the private garage is located.

GARAGE, PUBLIC: Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of motor-driven vehicles.

GENERALLY: Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure", and the word "shall" is mandatory and not directory.

HOME OCCUPATION: Any occupation or profession carried-on on the premises. The home occupation must be secondary to the principal use of the premises as a residence and conducted entirely within the residence or accessory building. A sign displaying any words, letter or number other than the name and address of the occupants shall not exceed two (2) square feet in size. No noise, odor or light shall be made which is noticeable beyond the limits of the property and no storage of goods or equipment shall be outside of the residence or accessory buildings.

HOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times.

HOUSEKEEPING UNIT: Any number of rooms assembled under one (1) roof which contains complete kitchen, bath and toilet facilities.

JUNK YARD: An area where waste, discarded, or salvaged material are bought, sold, exchanged, baled or packed, disassembled or assembled, stored or handled, including the dismantling or wrecking of automobile or other vehicles, machinery, housewrecking yards, used lumber yards and places for storage of salvaged housewrecking and structural steel materials and equipment.

LAUNDRY OR LAUNDROMAT: A service establishment providing cleaning service to the public either by employed persons or self-service machines.

LOADING SPACE: A space within a building or on the same lot as a main building providing the standing, loading or unloading of vehicles.

LODGING HOUSES: Same as "boarding house".

LOT: Land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building, together with its accessory buildings and the yards, loading and parking spaces required by this Chapter, and having its principal frontage upon a public street or place which has been improved to where motor-driven vehicles may move in any weather condition.

LOT, CORNER: A lot abutting upon two (2) or more streets or places at their intersection.

LOT, DEPTH: The mean horizontal distance between the front lot line and the rear lot line.

LOT, DOUBLE FRONTAGE: A lot abutting on two (2) streets or places but do not intersect while abutting the lot.

LOT, INTERIOR: A lot that abuts other lots on either side.

§ 400.020 La Plata City Code § 400.020

MOTEL: A single building or a group of buildings providing sleeping accommodations to the public for compensation.

NON-CONFORMING USE: Any building or land occupied by a use at the time of the adoption of this Chapter, amendment thereto or subject to the provisions of a conditional use permit, which does not conform to the district regulations established by the Zoning Code as amended.

NURSERY SCHOOL: A school providing daytime care for pre-school children either as a home occupation or conducted in a building not associated with a person's residence and classified as a school.

NURSING HOME, REST HOME, AND HOME FOR THE AGED: An establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted persons, in which not less than three (3) persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured.

PARKING SPACE: A durably surfaced area, enclosed in the main building, in an accessory building, and if the space is unenclosed, comprising an area of not less than one hundred ninety-eight (198) square feet, exclusive of a durably hard surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. The minimum area for vehicles other than automobile shall be of sufficient size to adequately provide the required parking space.

SERVICE ESTABLISHMENTS: An establishment conducting a profit-making operation entirely within the confines of an enclosed building. The only exception is for a filling station in which the only outside activity is supplying gasoline, oil and small parts to motor vehicles upon the service drive. Also except for a bank drive-in service window or booth.

SOLID WASTE TRANSFER STATION: Any facility or use of property wherein solid waste, whether in sealed or unsealed containers or otherwise is transferred from one mode or manner of transportation to another mode or manner of transportation. Such facilities or uses shall include, but not necessarily be limited to, the following:

1. A facility where solid waste is transferred from railroad cars to trucks, or other railroad cars.

2. A facility where solid waste is transferred in sealed containers or sealed truck trailers from railroad cars to trucks, or other railroad cars.

3. A facility where solid waste, whether in sealed or unsealed container, is transferred from one truck to another truck.

STORY: That portion of a building included between the surface of any floor and the floor next above it. If there be no floor above it, then to the ceiling next above the floor. A basement that has less than one-half (½) of its height underground or a basement that is more than half underground and used as a part of the living space of a residence or a business shall be classified as a story.

STORY, HALF: A portion of a story which is not the full height of the story but used in conjunction with the occupancy of the building.

STREET LINE: A dividing line between a lot, tract or parcel of land and a continuous street.

§ 400.020 Zoning Regulations § 400.040

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

TRAILER OR MOBILE HOME: An occupied or unoccupied dwelling which is on wheels or is permanently mounted but brought to the site on wheels either as a unit or in pre-assembled sections ready for occupancy after minor connections.

TRAILER OR MOBILE HOME PARK OR COURT: A tract of land that is designed to accommodate three (3) or more trailers or mobile homes and meeting the requirements of this Chapter for such use.

YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, the mean horizontal distance between the lot line and the main building shall be used.

YARD, FRONT: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than for steps. On corner lots, the front yard shall be considered as a parallel to the street upon which the lot has its least dimension.

YARD, REAR: A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps.

YARD, SIDE: A yard between the main building or any projection other than steps and the side lot line, and extending from the front yard line to the rear yard line. (CC 1984 §42.020; Ord. No. 695 §1, 4-21-97; Ord. No. 858 §1, 11-25-03)

SECTION 400.030: INTERPRETATION─PURPOSE─CONFLICTS

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annual any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter, nor is it intended by this Chapter to interfere with or abrogate or annual any easements, covenants, or other agreements between parties; provided, that where this Chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by such ordinances or agreements, the provisions of this Chapter shall control.

(CC 1984 §42.030)

SECTION 400.040: ADMINISTRATION AND ENFORCEMENT BY ADMINISTRATIVE

OFFICER WITH COOPERATION OF OTHERS─APPEALS FROM

DECISIONS OF ADMINISTRATIVE OFFICER

It shall be the duty of the Administrative Officer to administer and enforce the provisions of this Chapter. It shall also be the duty for all officers and employees of the City to assist the Administrative Officer by reporting to him/her upon new construction, reconstruction, or land uses,

§ 400.040 La Plata City Code § 400.060

or upon seeming violations. Appeal from the decision of the Administrative Officer may be made to the Board of Adjustment as provided in Article XIV of this Chapter. (CC 1984 §42.040)

SECTION 400.050: VIOLATIONS AND PENALTIES

A. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this Chapter.

B. The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.

C. Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

SECTION 400.060: AMENDMENTS AND CHANGES

This Chapter may from time to time, be amended, supplemented, changed, modified or repealed.

1. The Board of Aldermen may, from time to time, either on its own action or on petition of interested property owners, after public notice and hearing as provided by law, amend, supplement, change, modify or repeal the boundaries or regulations herein or subsequently established. A fee of fifty dollars ($50.00) payable to the City shall be filed with each petition of interested property owners requesting any of aforesaid changes.

2. If such proposed amendment, supplement, change, modification or repeal is petitioned for by interested property owners, such petition shall be signed by the owners of fifty percent (50%) of the area of all the real estate included within the boundaries of the tract of real estate described in such petition.

§ 400.060 Zoning Regulations § 400.070

3. Whenever any amendment, supplement, change, modification or repeal is proposed, such proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning Commission, which shall within thirty (30) days after the date of the receipt of such proposed amendment, supplement, change, modification or repeal report back to the Board of Aldermen either approving or disapproving such proposed amendment, supplement, change, modification or repeal.

4. Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the legislative body of such City. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.

5. It shall be the duty of the Board of Aldermen to act upon such proposed amendment, supplement, change, modification or repeal within sixty (60) days after receiving the report from the Planning Commission.

6. If an amendment filed by interested property owners is rejected by the Board of Aldermen, a new application for the same amendment on the same property may not be filed before six (6) months have elapsed. (CC 1984 §42.060)

ARTICLE II. DISTRICTS AND DISTRICT REGULATIONS

SECTION 400.070: PURPOSES OF, UNIFORMITY WITHIN, AND DESIGNATION OF

DISTRICTS

In order to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specific uses; to regulate and limit the intensity of use of lot areas; and to regulate and determine the areas of yards and other open spaces surrounding such buildings, the City is hereby divided into classes or "districts".

1. The uses and area regulations are uniform in each district, and the districts shall be known as:

a. "AG", Agricultural District.

b. "R-1", One-Family Dwelling District.

c. "R-2", Residential Dwelling District.

d. "C-1", Commercial District.

e. "C-2", Commercial District.

f. "M-1", Manufacturing District. (CC 1984 §42.100)

§ 400.080 La Plata City Code § 400.120

SECTION 400.080: DISTRICT BOUNDARIES─DISTRICT ZONING MAP

The boundaries of the districts designated in Section 400.070 are hereby established as shown upon the District Zoning Map, which is properly attested and is on file in the office of the City Clerk; and such District Zoning Map together with all the notations, references and other information shown thereon is hereby incorporated in and made a part of this Section as fully as if it were set out herein in full. (CC 1984 §42.110)

SECTION 400.090: RULES WHERE UNCERTAINTY MAY ARISE WITH RESPECT TO DISTRICT BOUNDARIES

Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Zoning Map, the following rules apply:

1. The district boundaries are the centerlines of either streets or alleys unless otherwise shown on the District Zoning Map.

2. Where the district boundaries are not indicated by street or alley centerlines, and where the property has been divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the District Zoning Map and bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.

3. In unsubdivided property, the district boundary lines on the District Zoning Map shall be indicated by a distance in feet. (CC 1984 §42.120)

SECTION 400.100: EFFECT OF VACATION OF STREET, ALLEY OR PUBLIC WAY

Whenever any street, alley or other public way is vacated by official action of the Board of Aldermen, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. (CC 1984 §42.130)

SECTION 400.110: TERRITORY HEREAFTER ANNEXED TO CITY

All territory which may hereafter be annexed to the City shall be considered as being in the "AG" Agricultural District until otherwise changed by ordinance. (CC 1984 §42.140)

SECTION 400.120: ERECTION AND ALTERATION OF BUILDINGS WITHIN DISTRICTS

No building shall be erected or altered:

1. To exceed the height;

2. To accommodate or house a greater number of families;

3. To occupy a greater percentage of lot area; or

§ 400.120 Zoning Regulations § 400.150

4. To have a narrower or smaller rear yard, front yard, side yard, inner or outer court, than is specified for the district in which such building is or is to be located. (CC 1984 §42.150)

ARTICLE III. "AG" AGRICULTURAL DISTRICT

SECTION 400.130: REGULATIONS APPLICABLE WITHIN DISTRICT

Within the "AG" Agricultural District, the regulations set out in this Article shall apply.

(CC 1984 §42.200)

SECTION 400.140: PERMITTED USES

Permitted uses in the "AG" Agricultural District are as follows:

1. Farms, truck gardens, nurseries, grain storage facilities and other agricultural uses, including the sale and distribution of agricultural products raised on the farm.

2. One-family dwellings; provided, that the dwelling is the only residence on the farm and conforms to the yard area requirements set forth in the "R-1" Single-Family District.

3. Churches and accessory uses, including bulletin boards not exceeding fifty (50) square feet in area and located on the same lot or land as the church and not closer than thirty (30) feet to any public right-of-way.

4. Public school, elementary or high, or private school having a curriculum the same as ordinarily given in a public school.

5. Publicly owned or operated park, playground or other property.

6. Country club or golf course, except a miniature course or driving range for commercial use.

7. Cemeteries; provided, that the approval of the Planning Commission, which may establish reasonable criteria with respect to location and landscaping, is received.

8. Airport and/or landing field; provided, that the approval of the Federal Aviation Agency is received. (CC 1984 §42.210)

SECTION 400.150: AREA AND HEIGHT REGULATIONS

In District "AG" the minimum dimensions of yards, and the minimum lot area per family permitted on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.

1. Front yards. The front yards for all buildings in this district shall have a minimum depth of fifty (50) feet.

§ 400.150 La Plata City Code § 400.180

2. Side yards. There shall be a side yard on each side of every building on an interior lot of fifteen (15) feet. A side yard on the street side of a corner lot shall be the same as the requirements on an interior lot.

3. Rear yards. The rear yards in this district shall have a minimum depth of fifty (50) feet. Accessory buildings may be built in the rear yard; provided, that the buildings do not occupy over thirty percent (30%) of the rear yard.

4. Lot area. The minimum lot area in this district shall be twelve thousand (12,000) square feet for one-family dwellings and a sufficient size for any other uses permitted in this district to maintain the minimum yard and off-street parking requirements.

5. Height. The height of all buildings shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter. (CC 1984 §42.220)

SECTION 400.160: OFF-STREET PARKING

A. The off-street parking required for uses of land and buildings in this district are as follows:

1. One-family dwellings. Two (2) spaces for each dwelling unit.

2. Churches or temples. Two (2) spaces for each eight (8) seats in the main auditorium.

3. Schools, high schools and colleges. Four (4) spaces for each classroom.

4. Country clubs and golf courses. One (1) space for each five (5) members. Public golf courses shall provide two (2) spaces for each hole on the regular playing course.

5. Community center, library, museum or art gallery. Ten (10) spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.

B. Off-street parking spaces required in this district shall not be permitted within the required front yard unless upon a drive providing access to a required garage, carport or parking area in back of the required front yard. (CC 1984 §42.230)

ARTICLE IV. "R-1" RESIDENTIAL DWELLING DISTRICT

SECTION 400.170: REGULATIONS APPLICABLE WITHIN DISTRICT

Within the "R-1" One-Family Dwelling District, the regulations set out in this Article shall apply. (CC 1984 §42.240)

SECTION 400.180: PERMITTED USES

Permitted uses in the "R-1" Residential Dwelling District are as follows:

1. One-family dwellings.

§ 400.180 Zoning Regulations § 400.190

2. Churches and accessory uses including bulletin boards not exceeding fifty (50) square feet in area and located on the same lot or land use as the church and not closer than thirty (30) feet to any public right-of-way.

3. Public school, elementary or high, or private school having a curriculum the same as ordinarily given in a public school.

4. Publicly owned or operated park, playground or other property.

5. Country club or golf course, except a miniature course or driving range for commercial use.

6. Cemeteries; provided, that the approval of the Planning Commission is received, which may establish reasonable criteria with respect to location and landscaping.

7. Public or community buildings, museums, libraries or art galleries.

8. Home occupations.

9. Accessory uses or building, including a private garage customarily incidental to the above uses, but not involving the conduct of a business.

10. Private swimming pools appurtenant to a one-family dwelling on the same lot, when they meet yard depth and width requirements for principal buildings in the district and the pool is adequately fenced to prevent access of small children and meets all applicable health and sanitary requirements.

11. Signs appertaining to the sale or lease of the premises or trespassing thereon. All signs appertaining to any advertising are prohibited. (CC 1984 §42.241)

SECTION 400.190: AREA AND HEIGHT REGULATIONS

In District "R-1" the minimum dimensions of yards, and minimum lot area per family permitted on any lot shall be as follows:

1. Front yards. The front yards for all buildings in this district shall have a minimum depth of thirty-five (35) feet.

3. Rear yards. The rear yards in this district shall have a minimum depth of forty (40) feet. Accessory buildings may be built in the rear yard; provided, that the buildings do not occupy over thirty percent (30%) of the rear yard.

5. Height. The height of all buildings shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter. (CC 1984 §42.242)

§ 400.200 La Plata City Code § 400.230

SECTION 400.200: OFF-STREET PARKING

A. The off-street parking required for uses of land and buildings in this district are as follows:

1. One-family dwellings. Two (2) spaces for each dwelling unit.

2. Churches or temples. Same as required in "AG" District.

3. Schools, high schools and colleges. Same as required in "AG" District.

4. Country clubs and golf courses. Same as required in "AG" District.

ARTICLE V. "R-2" RESIDENTIAL DWELLING DISTRICT

SECTION 400.210: REGULATIONS APPLICABLE WITHIN DISTRICT

Within the "R-2" Residential Dwelling District, the regulations set out in this Article shall apply. (CC 1984 §42.250)

SECTION 400.220: PERMITTED USES

Permitted uses in the "R-2" Residential Dwelling District are as follows:

1. Any uses permitted in the "R-1" One-Family Dwelling District.

2. Governmental offices and facilities. (CC 1984 §42.260)

SECTION 400.230: AREA AND HEIGHT REGULATIONS

In District "R-2" the minimum dimensions of yards and minimum lot area per family permitted on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.

1. Front yards. The front yards for all buildings in this district shall have a minimum depth of twenty-five (25) feet.

2. Side yards. There shall be a side yard on each side of every building on an interior lot, except accessory buildings. If accessory buildings are within twenty (20) feet of the principal building then a ten (10) foot side yard shall be required. If accessory buildings are located over twenty (20) feet from the principal building then such accessory building may be built as close to the

§ 400.230 Zoning Regulations § 400.260

property line as desired so long as no part thereof extends beyond the property line either at the ground level or at any height above the ground. A side yard on the interior side of a corner lot should be the same as the requirements on interior lots.

3. Rear yards. The rear yard requirements of this district shall be twenty-five (25) feet.

4. Lot area. The minimum lot area in this district shall be seven thousand five hundred (7,500) square feet for one-family dwellings and a sufficient size for any other uses permitted in this district to maintain yard and off-street parking requirements. The minimum lot area for buildings containing more than two (2) dwelling units shall be three thousand five hundred (3,500) square feet per unit.

5. Height. The height of all buildings shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter. (CC 1984 §42.270)

SECTION 400.240: OFF-STREET PARKING

The off-street parking required for uses of land and buildings in this district shall be two (2) spaces per dwelling unit. Off-street parking spaces required in this district shall not be permitted within the required front yard unless upon a drive providing access to a required garage, carport or parking area in back of the required front yard. (CC 1984 §42.280)

ARTICLE VI. "C-1" COMMERCIAL DISTRICT

SECTION 400.250: REGULATIONS APPLICABLE WITHIN DISTRICT

Within the "C-1" Commercial District, the regulations set out in this Article shall apply.

(CC 1984 §42.300)

SECTION 400.260: PERMITTED USES

Permitted uses in the "C-1" Commercial District are as follows:

1. Residential buildings designed for two (2) residential dwelling units or more.

2. Medical and health care facilities such as doctors' offices, hospitals and other similar facilities.

3. Business establishments such as banks, department stores, drugstores and hardware stores.

4. Service establishments such as filling stations, restaurants, repair shops and funeral homes.

5. Offices such as insurance agents, realtors, finance companies and attorneys.

6. Similar uses to the above so long as no business is conducted outside the confines of an enclosed building with the exception of a filling station and bank drive-in. Specifically excluded are drive-in restaurants, automobile sales and service establishments and drive-in theatres.

§ 400.260 La Plata City Code § 400.280

7. Signs pertaining to permitted uses. Signs identifying and/or advertising uses of land and buildings in this district may be placed upon the side of a building or projecting from the building or a freestanding sign. Signs may be illuminated; provided, that they do not interfere with the vision of motor vehicle operators or persons on residential property within any "R" District. No signs should be within any public right-of-way, including temporary advertising signs associated with filling stations. The total aggregate area of all signs on a premises should not exceed twice the total frontage of the property. No highway type billboards shall be permitted in this district.

8. Off-street parking areas or garages. (CC 1984 §42.310)

SECTION 400.270: AREA AND HEIGHT REGULATIONS

In District "C-1", the minimum dimensions of yards, and minimum lot area on any lot shall be as follows. Exceptions to these regulations are contained in Article IX of this Chapter.

1. Front yards. In this district there shall be no front yard required for commercial uses except where parking, drives, signs and canopies are proposed in the front of a building. If a portion of a block between two (2) intersecting streets is partially in any "R" District then the front yard required of any use in this block shall be the same as required in the "R" District. Buildings containing two (2) or more dwellings units shall provide the same front yard as required in the "R-2" District.

2. Side yards. In this district there shall be no side yard required for commercial uses except where a lot in this district adjoins any "R" District, in which case there shall be a side yard required equal to that required in the "R" District. Buildings containing three (3) or more dwelling units shall provide the same side yard as required in the "R-2" District.

3. Rear yards. In this district there shall be a rear yard required of twenty-five (25) feet which shall be kept free of any debris associated with the business.

4. Lot area. In this district there shall be no minimum lot area required for commercial uses. Buildings containing one (1) or more dwelling units should provide the same lot area as required in the "R-2" District.

5. Height. The height of all buildings in this district shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter.

(CC 1984 §42.320)

SECTION 400.280: OFF-STREET PARKING

Off-street parking shall not be required for any building constructed, converted, enlarged or re-opened after the date upon which this Chapter becomes effective. (CC 1984 §42.330)

§ 400.290 Zoning Regulations § 400.320

ARTICLE VII. "C-2" COMMERCIAL DISTRICT

SECTION 400.290: REGULATIONS APPLICABLE WITHIN DISTRICT

Within the "C-2" Commercial District, the regulations set out in this Article shall apply.

(CC 1984 §42.350)

SECTION 400.300: PERMITTED USES

All Commercial District "C-1" uses and all "R-1", "R-2" and the following uses:

1. Commercial recreation facilities such as bowling alleys, recreation centers, swimming pools, skating rinks and miniature golf and driving ranges.

2. Automobile and farm equipment sales and service businesses.

3. Theatres, auditoriums, civic centers and other places of public assembly.

4. Motels and hotels.

5. Drive-in theatres and drive-in restaurants. (CC 1984 §42.360)

SECTION 400.310: AREA AND HEIGHT REGULATIONS

In District "C-2", the minimum dimensions of yards and minimum lot area on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.

1. Front yards. In this district there shall be a front yard for all permitted buildings and land uses of forty (40) feet.

2. Side yards. In this district there shall be a side yard required for commercial uses of five (5) feet.

3. Rear yards. In this district there shall be a rear yard required for all permitted buildings and land uses of twenty-five (25) feet.

4. Height. The height of all buildings in this district shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter.

(CC 1984 §42.370)

SECTION 400.320: OFF-STREET PARKING

A. Off-street parking shall be required for every building and land use in this district in accordance with the following:

1. Apartments. Same as required in the "R-2" District.

2. Medical and health facilities. Same as required in the "C-1" District.

§ 400.320 La Plata City Code § 400.340

3. Business establishments. One (1) space for each commercial vehicle used, four (4) spaces for every one thousand (1,000) square feet of floor area.

4. Service establishments. One (1) space for each commercial vehicle used or one (1) space for every two (2) seats.

5. Offices. One (1) space for every three hundred (300) square feet of floor area.

6. Commercial recreation facilities. One (1) space for every four (4) customers able to be served at a peak period plus one (1) space for every employee and commercial vehicle.

7. Automotive and farm equipment sales and service. One (1) space for each employee and space for all display equipment.

8. Places of public assembly. One (1) space for every four (4) seats at maximum capacity plus one (1) space for every employee.

9. Motels and hotels. One (1) space for each bed for tourist accommodations at maximum capacity.

B. Off-street parking required in this district shall be provided on the same lot as the building or land use. Joint off-street parking facilities could be provided, however, the buildings or land uses must be on adjoining lots. The required off-street parking cannot be combined in the case of joint lots or parking areas. (CC 1984 §42.380)

ARTICLE VIII. "M-1" MANUFACTURING DISTRICT

SECTION 400.330: REGULATIONS APPLICABLE WITHIN DISTRICT

Within the "M-1" Manufacturing District, the regulations set out in this Article shall apply.

(CC 1984 §42.400)

SECTION 400.340: PERMITTED USES

Permitted uses in the "M-1" Manufacturing District are as follows:

1. Business establishments as previously defined.

2. Service establishments as previously defined.

3. Automobile and farm equipment sales and service.

4. Motels and hotels.

5. Wholesale firms.

6. Storage and warehousing firms.

7. Lumber stores and yards.

§ 400.340 Zoning Regulations § 400.360

8. Contractors' yards.

9. Bulk storage of feed, fertilizer and petroleum products.

10. Trucking terminals.

11. Shops for sheetmetal welding and machining.

12. Manufacturing or processing of goods and/or materials which the Planning Commission after careful review have determined that the proposed use will not:

a. Substantially increase traffic hazards or congestion.

b. Substantially increase fire hazards.

c. Adversely affect the character of the neighborhood.

d. Adversely affect the general welfare of the community.

e. Overtax public utilities.

f. Be in conflict with the future plans for the City. (CC 1984 §42.410)

SECTION 400.350: AREA AND HEIGHT REGULATIONS

In District "M-1", the minimum dimensions of yards and minimum lot area on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.

1. Front yards. In this district there shall be a required front yard of fifty (50) feet.

2. Side yards. In this district there shall be a required side yard of twenty (20) feet.

3. Rear yards. In this district there shall be a rear yard required of fifty (50) feet.

4. Height. The height of all buildings in this district shall not exceed the height limitations established by the Planning Commission in reviewing the criteria for manufacturing uses. All other uses shall not exceed two and one-half (2½) stories. (CC 1984 §42.420)

SECTION 400.360: OFF-STREET PARKING

Off-street parking shall be required for every building and land use in this district in accordance with the following:

1. Uses previously permitted. Same as required previously.

2. Permitted uses 5 through 12. Parking and/or storage space for all vehicles used in the conduct of such business plus two (2) spaces for each person regularly employed on the premises.

(CC 1984 §42.430)

§ 400.370 La Plata City Code § 400.390

ARTICLE IX. HEIGHT, YARD AND LOT WIDTH

MODIFICATIONS AND VARIATIONS

SECTION 400.370: CONSTRUCTION OF ARTICLE

The district regulations set forth in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter. (CC 1984 §42.500)

SECTION 400.380: HEIGHT

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyor and flag poles. Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side yard and rear yard are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located. (CC 1984 §42.510)

SECTION 400.390: FRONT YARDS

A. When thirty percent (30%) or more of the frontage on the same side of the street between two (2) intersecting streets is improved with buildings that have observed a greater or lesser depth of front yard than required by the district in which it is located, no building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the building upon either side of the proposed structure or, if there be buildings upon only one (1) side, then the proposed structure shall observe the same front yard depth as the closet building on that side. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line.

B. On lots having double frontage, the required front yard shall be provided on both streets.

C. Fences may be erected to a height not exceeding four (4) feet along the front yard boundaries of a lot, except that no such fence shall be erected within thirty (30) feet of a street intersection. Fences may be erected to a height not exceeding six (6) feet along the side and rear boundaries of a lot, except that no fence shall be erected with thirty (30) feet of a street intersection.

D. An uncovered porch or paved terrace may project into a required front or rear yard for a distance of not more than ten (10) feet. Porches or terraces that are covered or enclosed are considered a part of the main building.

E. Filling station pumps and pump islands may be located within a required yard; provided, that they are not less than fifty (50) feet from the boundary of any residential district.

(CC 1984 §42.520; Ord. No. 687 §1, 6-18-96)

§ 400.400 Zoning Regulations § 400.420

SECTION 400.400: SIDE YARDS

A. On a corner lot the width of the yard along the side street shall not be less than one-half (½) the required front yard on such street. No accessory building shall project beyond the required yard along either street.

B. An unenclosed porch may project into a required side yard provided it is not less than one-half (½) the required distance from any side lot line.

C. For the purpose of side yard regulations, a two-family or multiple dwelling shall be considered as one (1) building occupying one (1) lot.

D. Where a lot of record at the time of the effective date of this Chapter is less than fifty (50) feet in width, the required side yard may be reduced to ten percent (10%) of the width of the lot.

(CC 1984 §42.530)

SECTION 400.410: REAR YARDS

A. Where a lot abuts on an alley, one-half (½) of the alley width may be considered as part of the required rear yard.

B. Accessory buildings may be built in a required rear yard. Such accessory building shall not be nearer than four (4) feet to any rear lot line or to any alley, nor shall any accessory building occupy more than thirty percent (30%) of the required rear yard. No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises.

C. The ordinary projection of sills, belt courses, cornices and ornamental features may extend to a distance not