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HomeMy WebLinkAboutORD 1472°3 `f ej 3 0,-3 TONING ORDINANCE (Passey � ORDINANCE N0. 2 2/`:�/`5_1;, q510 AN ORDINANCE TO REGULATE AIIDRESTRICT THE LOCATION AND USE OF BUILDINGS AND THE USE OF LAND WITHIII THE CITY OF REINTON,. WASHI11'GTOPd, TO LIMIT THE DIGHT OF BUILDINGS, TO PRESCRIBE BUIMING LINES AND THE SIZE OF YARDS AND OTHER. OPEN SPACES, AND FOR THESE PURPOSES TO DIVIDE THEE CITY INTO DISTRICTS AND REPEALING ORDINANCE 110. 11.64 OF THE CITY OF REIITON, WAST IGTON BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL 4' THE CITY OF P7,TCN AS FOLLOWS: SECTION I 1. This Ordinance shall be known a he "Zoning Ordinance of the City of Rentan ." 2. This Ordinance shall consist of the text hereof and as well as that certain map or book of maps identified by the approving signature of the Mayor and City Clerk on the title page and marked and designated as "The Maps of the Zoning Ordinance of the City of Renton!" which map or book is now on file in the office of the City Clerk of this City. Said book of maps has been heretofore examined in detail by the City Council, and is hereby adopted as a part of this Ordinance.- Said Ordinance, and each ard all of the terms' are to be read and interpreted in the light of the contenta of said books of neaps. If any conflict between the map or book of maps and the text of this Ordinance is deemed to arise, the text of the Ordinance will prevail. SECTION II For the purpose of the Ordinmace certain -Ards and terms are defined as follows: Words used in the present tense include the future; words in the singular include the plural and wrds in the plural number include the singular number. Words not defined herein shall be construed as defined in the Building Ordinances of the City of Denton if defined therein. 1. "ACCESSORY USE OR BUILDING:11 A subordinate use or building customarily indident to the and located upon the same lot occupied by the main use or building. 2. "ALLEY:" A vehicular right-of-way not over thirty feet wide® 3. "APARTMENT HOUSE:" A building or portion thereof used or intended to be used as the home of three or more families or householders living independently of each other. 4. "COURT:" An open, un d upied space other than a yard on the lot on which a building is erected or situated, A court, one entire side or end of which t bound by a front yard, a rear yard$ or a side yard, or by the front of a lot, by a str et or public alley., i "outer Court". Every court tahich `is not an "outer court" is an"inner court." 5• "COURT HEIGHT:" The Court height shall be measured from the floor level of the lowest story in the building on which there are windows served by the said court, to the highest point of the enclosing walls of the said court. b. "ESTABLISH ED GRADE:" The curb line grade at the front lot line as established by the City Council, 7« "FAI ILY:", A number of related individuals or not more than .four (4) unrelated individuals living together as a single housekeeping unit and doing their cooking on the premises. 8- "HEIGHT OF BUILDING:" The height of a building is a vertical distance at the center of a buildingts principal front measured from the level of the first floor above grade to the highest point of the roof beams in the case of flat roofs, to the deck line of mansard roofs, or to the center height between 0.aves and ridges :for gable hip or gambrel roofs For buildings set back from the street line, the height may bemeasured from the average elevation of the finished grade, along the front of the building. First Floor above grade means the floor which isnot more than four .feet six inches above grade, 9, "LOT:" Land occupied or to be occupied by a building and its accessory building, includin4; such open spaces as are required under this ordinance, and having frontage upon a street or aLey. 10. "PUBLIC GARAGE:" Any premises used for the storage or housing of more than three towable or motor -driven vehicles, or where such vehicles are repaired or kept for hire or sale. 11. "FRONT YARD:" An open, unoccupied space on the same lot with a building, between the front line of the building (exclusive of steps) and the front property line. 12. "FRONT P'stOPERTY LINE:" The front property line shall be the front line as shown upon the official plats of the property, 13. "iMULTIPLE UNIT RES.IDE1,10ES:" A building arranged to be occupied by more tha living independently of each other and having sep- arate baths and kitchens:, ..2�. 14, !'HEAR,, YARDS:" An open unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps, porches and accessory building) and the rear line of the lot« 15. "SIDE YARD -.11 An open unoccupied space of the same lot with a building between the side wall line of the building and the side line of the same lot. 16. itSINGLE-FAMILY DZnM- LING:" A building arranged or designed to be occupied by not more than one family. 17. "STORY:" That portion of a building included between the surface of any floor andthe surface of the floor next above it, or if there be no floor above it, then the q)ace between such floor and the ceiling next above it* 18. "COMMISSION:" Planning Commission of the City of Renton. Whenever the term "this ordinance" is used herein, it shallbe deemed to include, where the context permits, all amencLients thereto as the sae may hereafter from time to time be adopted. SECTION III USE DISTRICTS The City of Renton is hereby divided into five (5) types of use districts as follows; 1. SR -1 Suburban Residence t'1 - RS -1 is symbol on maps. a 2. SR -2 Suburban Residence ;2 - RS -2 is symbol on maps. 3. RS- Residence SirgLe Family District. RS is symbol on Maps. 4. S-1 Surburban Residenbe .District. S-1 is symbol on maps:. 5. R-1 Residence district. R-1 is symbol on Naps. 6, R-2 Residence District. R-Z'is symbol on Maps. 7.. P-1 Public (Medical, Health, Fire, Eduacati.on, etc.) District. P-1 is the symbol on Maps. 8, B-1 Business District. 1 is symbol on Haps. 9. L-1 Light Industrial District. L-1 is symbol on Maps. 10. H-1 Heavy Indistrial Ligtrict. H-1 is symbol on i1aps. 11. %:T Trailer Parks - T is symbol in Maps. SECTION IV In the R -S, Residence Single Family District, no building or premises shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided for in ted sordinance, except for one or more of the following or similar uses: 1. One Family Dwellings. 2. Art Galleries, libraries, museums. 3. Buildings necessary fnr the operation of public utilities or government functions, when ft permitted by the Planning Commission upon approval of plans of site arrangement so as to harmonize with the district. 4. Churches, schools, colleges, non-commercial playgrounds and golf - courses upon approval by Vie Planning Commission of plans of site arrange- ment so as to harmonize with the district. — 3 . 5. Accessory buildings such as are ordinarily appurt- enant to single family dwellings shall be permitted, including one private garage to each family when located not less than sexty (60) feet from front property line nor less than ten (10) feet from any flanking street line, unless attached or within the family dwelling. A. The office of a physician, dentist or other pro- fessional person when located in his or her dwelling, also home occupation engaged in by individuals within their own dwellings are permitted provided that no window display is made nor any sign shown other than one not to exceed two (2) square feet in area and bearing only the name and occupation of the occupant. No neon signs of any kind shall be permitted. B. Signs not exceeding six (6) square feet in area pertaining to the leasing, rental or sale of buildings or premises and signs on a non -conforming use are permitted, provided however that such signs shall be erected flat against the building or painted upon the sides thereof or erected not less than 20 feet from the front property line. All other signs, signboards, billboards and outdoor advertising are prohibited. C. Nothing herein contained shall be deeded to prohibit the use of vacant property for gardening; or fruit raising. D. No trailer shall be used as a place of habitation but shall be stored only in an accessory or other building on the property. F. A commercial nursery or greenhouse may be located within the District for a period of not more than ten (10) years, upon a special permit issued by the Council after hearing and examination of the location and the making of a finding by the City Planning Commission that such nursery or greenhouse may be maintained for such period without undue detriment to adjacent and surrounding property. F. Private garages in R -S Residence District shall be limited to ten percent (100) of the lot area, provided that nothing in this regulation be construed to prevent the building of a-rivate garage of not more than two (2) car 4. capacity, i.e. passenger or panel truck of less than one ton capacity, on any lot or plot of record at the time of passage of this ordinance. G. a. (Front Yard) There shall be a front yard for every family dwelling having a minimum depth of twenty (20) feet. b. (Rear Yard) There shall be a rear yard for every family dwelling having a r�i.nimum depth of twenty-five ( 25 ) feet except on a lot which is a complete unit held under separate and distinct ownership from the adjoining; lots and of record prior to the taking effect of this ordinance in which case the depth of the rear yard may be reduced to not less than ten (10) feet; if necessary to such an extent only as will permit a building depth of thirty (30) feet. c. (Side Yard) There shall be a side yard for every family dwelling of not less than five (5) feet in width on each side of a one to one and one half (lz) story building;of not less than six feet for 2 to 22 story building and of not less than eight feet for 21 to 3 story building, provided however, that on a lot having a width of 40 feet or less as shown by the last conveyance of record at the time of the passage of this ordinance, the side -,I-ard on each side of a one story ?wilding shall be not less than three (3) feet in width. (side of building means outer face of any part of building nearest to side line, not including roof eaves) and the side yard along a flanking side street shall not be less than ten (10) feet in width. d. Single car garages are allowed within three (3) feet of side property lines by written consent of adjoining property owners. H. SITE AREAS: Every building hereafter erected or structurally altered which is located in an R -S residence district stall provide a lot of not less than five thousand (5,000)square feet with a minimum width of fifty (50) feet for a single family dwelling, provided, however, that where a 16t has . 5. less area than herewith required as shown by the last con- veyance of record at the time of the passage of this ordinance, this regulation shall not prohibit one (1) private dwelling and its accessory buildings on such lot. In any event sixty-five (65) per cent of the area of all sites must be left vacant and free from structures. I. HEIGH P LIMIT: No building shall exceed a height of thirty-five (35) feet, nor more than two (2) stories, whichever is less. SECTION.' V S-1, SUBURBAN RESIDENCE DISTRICT In the S-1, Suburban Residence District, no building or premises shall be used and no building shall be hereafter erected or structurally altered unless otherwise provided in this ordinance, except for one or more of the following or similar uses: 1. Any use permitted in the R -S Residence Sifigle Family District if Utilities, i.e.- sewers and dedicated streets are available. 2. On any tract of land having an area in one ownership of 40,000 sq. ft. or more and a width of at least 140 feet, the following uses are permitted: - (a) j:arming, truck gardening, and such other uses as are ordinarily appurtenant hereto, except stock raising and dairying. (b) The keeping of one cow and the requisite number of horses, not to exceed. 3 in number, to carry on the farming permitted in paragraph (a) provided that nothing in this ordinance shall be deemed to nullify or supercede the provisions of other ordinances of this city relative to the keeping of horses, cattle and the maintenance of stables. (c) Stock raising (except the raising of swine) and dairying; may be permitted by the Planning Commission by temporary and conditional permit after public Hearing hereon and an examination of the location with the finding by the Commission that the location and use thereof will not be unduly detrimental to adjacent and surrounding properties and the enjoyment thereof. All permits granted under the 00 6 -. provision's of this paragraph shall be subject to and not less restrictive than the provisions of any other ordinances of the City of Renton relative to the keeping of animals or the operation of dairies. FRONT YARD, REAR YARD, SIDE YARD, OPEN SPACE AND HEIGHT LIMIT, OFF-STREET PARKING, MININL+ii%!: ROOT SILLS, NET LOT AREAS regulations and requirements shall be the same as for R -S Residence Single Family District as heretofore defined. SECTION VI R-1 R SIDENCr DISTRICT In the R-1, Residence District, no building or premises shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following or similar uses: 1. Any use permitted in the R -S Residence Single Family District. 2. .: „1- . familljn' dwellings and residences of one story height only. 3. Apartments, hotels and offices may be allowed by special permit, if approved by the Planning, Come. Jj..ssi.on after public hearing hereon and an examination of th:-; location, o.ith a finding by the Commission that such proposed use will not be unduly detrimental to adjacent and sirrounding properties and the enjoyment thereof. Any building erected pursuant to paragraphs 1, 2, 3, above shall have the following requirements: 4. a. REEAR YARD shall be not less than twenty feet. b. EIGr-T lzm ted to one stor.;r only c. SITE AREA not less than 4,000 square feet. d. CORNER LOTS should have at least fifty-five (55) percent open spaces. SEC`I'IOT'J VII R-2 RESIDENCE DISTRICT In R-2, Residence District, no building or premises shall be used and no building shall be hereafter erected or structurally altered unless othervtiise provided in this ordinance, except for one or more of the following or similar uses: A. 1. Any use permitted in R-1 District. 2. dubs or l-aternal soci tio3 , co.f.munity club house s, -:_: morial buildings, except those the chief activity of wh=ich is ser J_ customarily carried on as a business, and e Kccpt these v.r.er ., alcoholic beverages of any 1,:ind are sold, given away, or dispensed in any manner. 3. Flats, apartments, boarding -rouses, lodging -houses duplexes, and multirlo: unit dwellin,~rs such as motels and modern cabin courts which have s()arat.e sanitary facilities built for each unit according to Stat -a Board Healt7.,Regulations. Clinics only by approval of the Planning Commission after a public hearing t7.i_:.reon etc. B. BUI D:L1 0 iEI^�? I.Ii�'IT: Tot to exceed three (3) stories in height or forty (40) feet, whichever is less. C. BUILDINIG SITE AREA REQUIRED: At least 4 thousand (4000) square; feet, sixty-five (65) percent of said area to be open and free from structu.r s if on interior lots, fifty-five(55) percent of said area to be open and free from structures if on corner lots. D. FRONT YARD RErlUIRED: There shall be front yard having a minimum depth of tw(;nty (20) feet. E. SIDI,�j YARD E i _RFD: There shal_1 be a side ya-d of not less than five (5) fest in width on each side of a 1 to 12 Story Building, of not less than six (6) feet for 2-2-1 story building, and of not less than (8) feet for a 3 story building; provided however, that on a. lot having a width of forty (40) feet or less as sklovrn by the east convey- ance of record at the; time of the passage of this ordinance, there shall be a side yard on each side of a building of not less than three (3) feet in width (side of building, means outer face of .any part of building nearest to side line, not including, roof eaves) and a side yard along flanking side street to be not less than ten (10) feet provided the other re;cuirements of this section are compliedwith. F. Single car garages are allowed within three:. (3 ) feet of side property lines by written consent of .:adjoining property owners. - 8 - G. REAR YARD REQUIRED: There shall be a rear yard having a minimum depth of twenty (20) feet except on a lot which is a complete unit held under separate and distinct ownership from the adjoining lots and of record prior to the taking effect of this ordinance in which case the, depth of the rear yard may be reduced to not less than ten (10) feet; if necessary to such an extent only as will permit a building depth of thirty ( 30 ) feet. Table 1 HEIGHT, AREA, AND YARD REQUIREMENTS LOT COt ERAGE y'':INIMUM ROOiV(, SIZES, OFF --STREET PARKING FOR "R -1t1 1 story or 20 ft . ; Residence institutional build - District ings- 3 stories or 40 feet I?R-21r 3 stories or 40 ft . ; Residence institutional build - District ings - 3 stories or 40 feet d.u. means Dwelling Unit Minimum lot size 4,000 sq. ft. 1,250 sq. ft. per d.u. of 2 bedrooms or more 850 sq.ft. per d.u. of 1 bedroom 600 sq.ft. per d.u. of 0 bedroom Minimum lot size 4,000 sq. ft. 22000 sq.ft. per d.u. of 2 bedrooms or more 1,500 sq.ft. per d.u.. of 1 bedroom 1,000 sq.ft. per d.u. or 0 bedroom 20 feet 20 feet In all residence districts there shall be at least one perma- nently maintained parking space on the same lot or tract with each re sidence unit erected on the lot, or within one hundred (100) feet of such unit, providing it is on a lot or tract owned by the unit owner. Such parking space need not be separately zoned. R -S, S-11 R-1, and R-2 RESIDENCE DISTRICTS DISTRICT HEIGHTS NET LOT AREAS FRONT YARDS Maximum Permitted Least Depths "R -S`? 2 stories or 35 ft.; Minimum lot size 20 feet Single institutional build- 5,000 sq. ft. Residence ings - 3 stories or District 40 feet its -lit 2 stories or 35 ft.; Minimum lot size 20 feet Suburban institutional build- 40,000 sq. ft. Residence ings - 3 stories or District 40 feet "R -1t1 1 story or 20 ft . ; Residence institutional build - District ings- 3 stories or 40 feet I?R-21r 3 stories or 40 ft . ; Residence institutional build - District ings - 3 stories or 40 feet d.u. means Dwelling Unit Minimum lot size 4,000 sq. ft. 1,250 sq. ft. per d.u. of 2 bedrooms or more 850 sq.ft. per d.u. of 1 bedroom 600 sq.ft. per d.u. of 0 bedroom Minimum lot size 4,000 sq. ft. 22000 sq.ft. per d.u. of 2 bedrooms or more 1,500 sq.ft. per d.u.. of 1 bedroom 1,000 sq.ft. per d.u. or 0 bedroom 20 feet 20 feet In all residence districts there shall be at least one perma- nently maintained parking space on the same lot or tract with each re sidence unit erected on the lot, or within one hundred (100) feet of such unit, providing it is on a lot or tract owned by the unit owner. Such parking space need not be separately zoned. SIDE YARDS REAR YARDS LOT COVERAGE MINIMUM OFF Least Widths Least LIMITS ROOM STREET Depths SIZES PARKING Story Side Abutting Interior Corner Yard Street Lots Lots Side. Yards 1 to 5 ft. 1-0 f7oct 25 feet 35% 35% Form No. 2 1? 2278 spaces 2 to 6 ft. July 1952 1OIX201 2, F.H.A. Dwel- each 3 8 ft. ling Unit size regula- tions 1 to 5 ft. 10 fc,et 25 feet Samc as Same as 1 Above Above 2 to 6 ft. ?-i- 3 8 ft . l to 5 ft. 10 feet 20 feet 35% 45% Same as l car 1' Above space 2�to 6 ft. 10 I 20 T 2' - for 3 -"- 8 ft. each d.il. 1 5 ft. 10 feet 20 feet 35% 45 same as same as above above SECTION VIII TRAILER PARKS The use, in an area designated 'IT91 on the Zoning Map, shall include in addition to any other uses pormitted therein use for trailers and trailer camps as permitted and subject to the applic- able statutes and lawful regulations of the State of Washington and the ordinances and lawfi::l regulations of the City of Renton. in the :vent of use for a trailer park, the height and area regula- tions shall not apply. The use of any other land in the City for the parking of trailers or for a. trailer camp is hereby prohibited. SECTION IX P-1 PUBLIC (FIRE, POLICE,PUBLIC PARKS,) DISTRICT(HOSPITALS, CLINICS, EDUCATION ETC.) In the P-1, Public District, no building or premises shall be used and no building shall be hereafter erected or structurally altered unless otherwise provided in this ordinance, except for one or more of the following or similar uses! 1. Governmental buildings and uses i.e., Federal, State, County, Municipal or other governmental or quasi -governmental subdivision. 2. Hospitals and sanatoriums, clinics, public and private, Except those for inebriates, insane or mental disuses which shall be subject to regulations of the Health Department. uses, 3. Institutions for education, philanthropic or eleemosynary 4. Libraries, art galleries, and museums. 5. Parks, playgrounds, tennis courts and 'like recreational uses. _10- 6. Private clubs, franternities and lodges. 7. Professional Service Offices, such as for doctors, dentists, etc. 8. Residential Hotels. 9. Schools, public and private. This area is reserved for public and semi-public uses. All display of merchandise or products, all adv-rtising devices and any manufacturing is prohibited. Buildings requiring services such as food, drugs, cigars, etc., usually incidental to a public building, office building or hotel, may contain same within the interior thereof. Entrances from street must not display advert- ising on same, Street deliveries are prohibited except during certain designated hours or building shall be so designed as to facilitate unleading fuel and merchandise from vehicle placed in alley, driveway or loading area on private property. All structures contemplated for this district must first have plans, specifications, and uses approved by the planning commission and said plans and stated uses are to be filed with the permit. The Planning Commission is charged with the responsibility of ascertaining and determining that the architectural design, the yard widths, the landscaping, etc., shall conform to the adjacent development. Said structures shall further meet the following requirements; a. FRONT YARD: There shall be a front yard having a minimum depth of 15 feet. b. SIDE YARD: There shall be a 5 foot yard on each side on interior lots, in case of corner lots, a yard 10 feet wide on flanking streets, c. HEAR YARD: There shall be a rear yard of minimum depth of 10 feet. d. HEIGHT LIMIT: Height limit shall be four (4) stories, excluding necessary elevator penthouse. SECTION X B-1, BUSINESS DISTRICT - USES PERMITTED In the B-1, Business District, no building or premises shall be used and no building shall be hereafter erected or structurally altered unless otherwise provided in this ordinance, except for one or more of the following or similar uses: 1. Any use permitted in R-1 and R-2. 2. Banks 3. Barber shops, beauty parlors, personal service shops. 4. Furniture stores, drug stores. 5. I -land 'Laundries, clothiers, cleaning and pressing. 6. Locksmiths, shoe and other repair shops. 7. Lumber yards, coal and fuel yards, provided that when unhoused they shall be surrounded by an eight (80 foot solid wall or sight -obscuring fence herein known as a structure, and the yard regulations of this district shall be observed, and provided further that no such lumber yards, coal and fusel yards shall be maintained closer than one hundred (100) feet/ to the side line of an R-1 District. $. Police or fire stations. 9. Parking lots. 10. Printing establishments Snd newspaper printing. 11. Public garages, repair shops and battery service stations and tire repair shops. 12. Restaurants, cafeterias and catering. 13. Retail trade shops or shops for custom work or the making of articles not manufactured by chemical process. 14. Sales rooms or store rooms for motor vehicles and other articles of merchandise. 15. Service Stations. 16. Stores, retail and wholesale markets. 17. Studios, offices, business or professional. 1$. Telephone exchanges, telegraph offices and Employment agencies. 19. Undertaking establishments and crematories- only when a permit therefore has been obtained from the Planning Commission. 20. Billboards, advertising signs and devices of any size, provided the same height and yard regulations governing buildings and structures in B-1 are complied with and provided further that two (2) copies of drawing or sketches, showing the proposed size lettering and location on the ground plan, shall be filed with the Planning Commission for approval. HEIGHT LIYTIT: Whenever any B-1 District is located within or adjacent to, on two or more sides, any Residence or Suburban -12- Residence District, the buildings in such D-1 Use District shall be limited to one (1) story in height, provided 'however that the Council may allow a. builc;i: g to be erected to an additional height, not exceeding two (2) additional stories, by special permit after public hearing and exarl _na.tion of the location, upon due proof to the c.t sfaction of the Citi; Planninm Commission that such additional he -ghat will not be und,zl7 dPtr,_mf nr,al to adjacent and surrounijin 7 ?--operty. liuo building*. si-ic.3.1 c1,,-c::ed a height of forty (40) feet or thrc::e (3) stories. FRO�?T YARD ANDSIDE YARDS: No yards r" .re ,.;��.=_� ec} except for lots whose side: Linc:; is adj,-.cent to a district were said yard regulations shall then be L.h,� Ua.me as in the Residential District, Front yard shall conform to adjacent residences, side yard to be not less than five: (5) feet, side yv.rds on flanking: streets to conform to front yards of residences to the rear but to be not less than ten (10) fc and rear yard shall not be less than ter. (10) feet. SECTION XI L-1 - LIMIT INDUSTRY D<:S`IRICT In the L-1, Light Industrial District, no building or premises shall be used and no buildingshall be hereafter erected or struct- urally altered unless otherwise provided in this ordinance, except for one or more of they following or Similar uses: A: USE PERMITTED: 1. Any use permitted in D-1 Districts. 2. Any light manufacturing using power not in excess of 5 H.P. in one unit. 3. Auto assembly plants. 4. Auto laundries, fender and body repair shops. 5. Wrecking yards, lumber yards, coal and fuel ;cards, provided that when unhoused they shall be surrounded by an eight (8) foot solid wall or sight -obscuring fence known herein as a structure, and the yard reg;ula.tions of this district small be observed, and provided further, that no auto wrecking places, lumber yards, coal and fuel yards shall be maintained closer than one hundred (100) feet to the side lines of an R-1 District. I . Bakeries employing more than twenty (20) persons. 7. Express and hauling companies. -13- 8i Cleaning and dyeing establishments. 9. Clothing manufactUring; 10. Distilleries and wineries. 11. Dress Manufacturing. 12. Electric manufacturing shops. 13. Laundries 14. Milk bottling plants 15. Painting and decorating shops 16. Manufacturing of plumbing supplies. 17. Upholstery shops 18, Warehouses 19. Vielding and Sheet metal works 20, Other uses which can be reasonable considered similar or related to the uses listed above, upon approval of the Planning Commission. IT Bstories U J_-DI11G HEIGHT: Three (3) or thirty-five (35) feet 4tj- except when otherwise approved by the Cit Planning Comi,,iission. FRONrl.' YARDS AND SIDE YARDS: Required same as B-1, SSECTION XII I T VI -1 "EAVY INDUSTRY DISTRICT In the H-1, H(_-Vy Industrial District, no building or premises shall be used and no building shall be hurca.fto er,ected or structurally altered unless otherwise provided in this ordinance, except for one or more of the following or similar uses: 1. Any use permitted in L-1, 2. Airplane manufacturing 3. Assaying (other than gold and silver) 4. Automobile r.rianufacturilng 5. Blast furnaces 6. Boiler works 7. Boat building and repairing 8. Breweries and distilleries 9. Broommand brush manufacturing 10. Candle manufacturing 11. Carbon manufacturing 12. Celluloid or similar cellulose materialsmanufactured 13. Feed and Cereal mill -14- 14. Chain and cable manufacturing 15. Charcoal manufacturi.n',and pulverizing 16. Chemical manufacture 17. Cooperage works 18. Dog Pound 19. Dry kilns 20. Dyestuff manufacture 21. Emery cloth or sandpaper manufacture 22. Enameling 23. Exterminators or insect poisons manufacture 24. Flour mills 25. Foundries 26. Class or glass products manufacture 27 . Hangar 28, Ice manufacture 29. Japanning 30. Junk; rags, scrap iron or paper storage or bailing. 31. Lamp block manufacture 32. Heavy manufacture and larF e warehoiising 33. Lubricating ,gr(: ase manufacture or oil compounds 34. Lumber and shingle mills 35. Machinery manufacture 36. Heavy machine shops 37. Match manufacturing 38. Oil cloth and linoleum manufacture 39. Oxygen manufacture 40. Paint, oil, shellac, varnish or turpentine manufacture 41. Paper box manufacture 42. Planing=- mill or wood working; plant 43. Plaster or wallboard manufacture 44. Power, light or steam plant (central station) 45. Printing ink manufacture 46. Railro.!?d yarns and roundhouse 47. Rolling or blooming; mill 48. Rope manufacture 49. Rubber or ca.outchouc manufacture from crude material 50. Salt works 51. Saw mills -15- 52. Shoddy manufacture 53• Shoe manufacture 54• Shce blacking manufacture 55. 5bap manufacture. 56. Stablm.. commercial 57. Starch, glucose: or dextrose manufacture 58. Steel or Iron mills 59. Stoneware and earthenware 60. Stove polish manufacture 61. Storage warehouses 62. Textile mills 6 3.Tobacco (chewing) or cigar manufacture 64. Vegetable oil or other oil manufacture and refinin# or storage 65. Ye ast Plants 66. Wholesale houses hearty equipment 67. Any use of electric power -motors requiring five (5) horsepower or more A. The following listed and any not listed if having obnoxious odors' noise., smokes dust and air poluting substances are prohibited: 1. Ammonias chlorine or bleaching powder manufacture 2. Asphalt manu.facting or refining 3. Bricks tiles or terra-cotta manufacture or storage 4. Coke ovens 5• Creosote treatment or manufacture b. Disinfecting manufacture 7. Distillation of woods coal and bonesp or manufactureof any of their by-products 8. Explosives storage 9. Gas (illuminatming or heating) manufactureing or storage 10. Incineration or deduction of garbage., offals dead animals an d refuse 11. Kelp reduction and the extraction of its by-products 12. Paper and pulp manufacture 13. Petroleums refining or storage or manufacture of any of its by-products 149 Reducing or refining aluminum.. coppers tin or zinc 15. Soap and compound manufacture 16. Tannings curing or storage of raw hides or skins 17. Tar distillation or manufacture _16_ 18, Tar roofing or' tar waterproofing manufacture 19. Cement, lime, gypsum manufacture 20. Fat rendering 21. Fertilizer manufacture 22. Glue Manufacture 23. Stock yards REAR YARD: No rear yard. is required except where the industrial district abuts on a. residential district with no intervening street or alley in which case a rear yard of not less than twenty (20) feet is required. SIDE YARD: No side yard is required except where an indust- rial district adjoins a residential district with no intervening street or alley, in which case the side yard shall be the same :as required for the residential district. 24.. Other uses which can be reasonable considered similar or related to the uses listed above upon approval of the Planning Commission. SECTION XIII FRONT, SIDE AND REAR YARDS 1. FRONT YARD: Where any front yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer the front property line than the distance indicated by the depth of the required front yard. EXCEPTIONS: Eaves, cornices, steps, terraces, platforms and porches having no roof covering, and being not over forty-two (4.2) inches high may be built within a front yard. When forty (4.0 ) per cent or more, on front foot basis., of all the property on one side of a street between two intersecting streets at the time of passage of this ordinance has been built up with buildings having a minimum front yard of more or less depth than that established by the ordinance, and provided that the majority of such front yards do not vary more than six (6) feet in depth, no building shall be built within or shall any portion, save as above except+7; project into such minimum front yard; provided further that no new buildings be required to set back more than thirty-five (35) feet from the street line in the R-1 or R-2, Residential District, nor more than two (2) feet farther than any building on an adjoin- ing lot and that this regulation shall not be so interpreted as _17- to reduce a required front yard to less than ten (10) feet in depth. 2. SIDE YARD+ Whore any specified side yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the side lot line than the distance indicated by the width of the required side yard. EXCEPTIONS: Eaves and cornices may extend over the required side yard for a distance of not more than two (2) feet. Access- ory buildings when erected so that the entire building is within a distance of thirty (30) feet from the rear lot line, may also occupy the side yard on an inside lot line. Fences not over forty-two (42) inches may occupy a side yard 70 feet from front property line, then raise to 6 feet to depth of property or rear lot line. 3. REAR YARD: Where any specified rear yard is required, no building shall be hereafter erected or altered so that any portion thereof may be nearer to the rear lot line than the Distance indicated by the depth of the required rear yard. Accessory buildings may be built within a rear yard, provided the required total open space is not exceeded. No accessory building shall cover more than fifty (50) per cent of the area of the rear yard. SECTION XIV PARKING AND LOADING SPACE REQUIREMENTS In addition to the regulations hereinabove prescribed for each of the respective districts, no new building or structure, or enlargement or increase in size of industry building or struct- ure shall be hereafter erected unless in connection there -with there is provided off-street parking and loading space equal to the following .requirements: There shall be established and .maintained a permanent off- street parking area upon site of residential property or in case of commercial and manufacturing property within one thousand (1000) feet of the front entrance thereof. The capacity of such parking area shall be as follows, for the following uses; One parking space shall equal at least an area of eight (8) by twenty X20) feet. NO Land Use One family dwellings Two family dwellings Multiple family dwellings Apartment Houses Rooming and lodging houses, club rooms, fraternity houses, dormitories Trailers or cabins Hotels and hospitals Sanitoriums and orphanages, convalescent homes, homes for the aged, and asylums Theaters Stadiums and auditoriums, churches, school auditoriums Libraries and museums Dance halls, assembly halls Skating rinks and other commer- cial recreation places Outdoor sports areas or parks without fixed seats Bowling Alleys Medical or dental clinics, banks, and professional offices Mortuaries or funeral homes Banks, business and profession- al offices Restaurants, taverns, and any establishment for the sale and consumption on the premises of food, alcoholic beverages, or refreshments Food stores, markets, and shopping centers: having not more than 2,000 sq, ft. of gross floor area, exclusive of basement having more than 2,000 sq. L but not more than 5,000 sq, ft. of gross floor area exclusive of basement having more than 5,000 sq. Lt. of gross floor area, exclusive of basement Number of Parking Spaces Two spaces per d.u. One space per d.u. Same as above Sam: as above 1 for each 3 occupants One space per each sleeping, unit and one for each trailer tow car One space per each 600 sq. ft. of floor space One space for each 1000 sq. ft. of gross floor space One space for each 100 sq, ft. of gross floor space One space for each 120 sq. ft. of gross floor space One space for each 250 sq. ft. of gross floor space One space for each 150 sq. ft. of gross floor space 1 for each 100 sq, ft, of gross floor area of the building Subject to review by Planning Commission 5 spaces for each alley One space for each 200 sq. ft. of gross floor space One space for each 50 sq. ft, of gross floor space 1 for each 200 sq, ft. gross floor area of the building 1 for each 100 sq. ft. of gross floor area of the building _1.9- 1. for each propietor and or co- owner and each regular employee 1 for each 100 sq. ft. of gross floor area of the building 1 for each 200 sq. ft. of gross floor area of the building Other retail establishments, such as furniture, appliance, hardware stores, household equipment service shops, clothing or shoe repair or service shops Wholesale stores, warehouses, and storage buildings, motor vehicle or machinery sales Manufacturing uses including research and testing Tabora- torics, creameries, bottling establishments, bakeries, can- neries, printing and engraving shops, machine shops, lumber outlets. Each commercial and industrial building shall provide unload- ing space as follows: I for each 500 sq. ft. of gross Boor area of the building providing; that each must have at least 2 parking spaces 1 for each 2 employees, at least 1 for each 800 sal. ft, of gross floor space of building 1 for each 3 employees, with a minimum of 2 spaces, and at least 1 for each 800 sq. ft. of gross floor space of the build- ings. One unloading space is the equal area of sixty ( 60 ) by forty-four (44) ft. One unloading space for building having 10,000 sq. ft, of floor area or less: two spaces for building having bet- ween 10,000 and 30,000 sq. feet of floor area. For building having greater floor areas shall provide one additional 25,000 sq. ft, of floor area or any portion thereof. SECTION XV EXTENSION OF NON -CONFORMING USES Any use not excluded from the H-1, Industrial District, which is a non -conforming use in any district in the city may be cont- inued by reconstruction or alteration, upon any tract of land held under the ownership and partially occupied by said use at the time of the passage of this ordinance, provided, however, that in case of rec,nstruction the yard provisions of the district within which the use may be located shall be complied with. In case of destruction by fire or other cause reconstruction may be permitted if said reconstruction is made within one year from time of destruction and provided, however, that the yard provisions of the district within which the use was located shall be complied with. SECTION XVI OWNERSHIP DIVIDED BY A DISTRICT BOUNDARY LINE If a district boundary line cuts property having a single ownership as of record at the time of passage of this ordinance, all such property may take the least restrictive classification, provided the property is developed as one; unit. -20- SECTION XVII COURTS In all buildings hereafter erected or structurally altered, all windows shall open upon a yard, court, street or alley as hereafter provided. In no event shall any yarn: or court be made to serve two buildings hereafter erected, or any existing; building and a building hereafter erected. Every court shall be open and unobstructed to the sky from the floor level of the lowest story in a builc3inc; in which there are windows from rooms or apartments abutting; the said court and served by the said court, except that a cornice, belt course of similar projection on the building may extend into an "outer court," two inches for each foot in width of such court, and may extend into an 44inner court" one inch for each such foot in width of such court. INNER COURT: An inner court shall be of a width of not less than four (4) feet nor less than sixteen (16) per cent of the court height, provided, further that in no case shall a width of more than twenty (20) feet be required. Aminimum court length of one and one-half (11) times the court width is required. OUTER COURT: An outer court shall be of width of not less than four (4) feet, nor less than ten (10) per cent of the court height, provided further that in no case shall a width of more than ten (10) feet be requires'. VENTILATION AND LIGIH T: Every room used for habitation shall have openings to the exterior with an area through which light may pass of not less than one-eighth of the floor area. Exterior doors and windows shall open to the extent of not less than five (5) per cent of the floor area. Windows shall face unobstructed, uncovered, horizontal areas of at least the extent of the glass area of all the windows opening thereon, but no dimension of which is less than five feet. —21— SECTION XVfIS ADMINISTRATION AND ENFORC TENT INTERPRETATION AND APPLICATION 1. In interpreting and applying the provisions of this ordin- ance, they shall be held to the minimum requirements for the pro- motion of the public health, safety, morals and general welfare; therefore where this ordinance imposes a greater restriction upon the use of the buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or requ.r ed by other laws, ordinances, rules or regulations, the provisions of this ordinance shall control_ 2. Furthermore, recognizing that there are certain uses of property that may be detrimental to the public health, safety, morals and general welfare, depending upon the facts of each part- icular case, a limited power to issue permits for such uses is vested, by specific mention in this ordinance, in the Planning Commission, subject to review by the Council as herein provided. Subject to such review, the City Planning Commission (or the Council on review) shall have power to impose in said permit such condit- ions or limitations as in its judgment are required to secure adequate protection to the zone or locality in which the use is to be permitted. Likewise subject to such review, the City Planning Commission (or the Council on review) shall have power to terminate any such permit, upon complaint and public hearing, for any violation of the terms or limitations there prescribed. 3. The council may permit in a zone any use not described in this ordinance and deeriled by the Planning Commission to be in general keeping with the uses authorized in such zone subject to a public hearing thereon. 4. The Planning Commission may approve the granting of temporary and conditional permits for structures and uses that do not conform with the regulations herein prescribed for not more than two year periods, upon such terms and conditions as the Commission may prescribe. 5. In specific cases the Planning, Commission by specific regulations may authorize the permit for a variation of the appli- cation of the use district regulations herein established, in harmony with their general purpose and intent, by granting a permit Im for a temporary building or land use for commerce and or industry in an undeveloped residence district, which is incidental to the residential development and such permit to be issued for a period of not more than one year. b. The Council may, in specific cases where the topography of the premises or the location of buildings existing prior to the passage of this ordinance makes compliance with the provisions governing the .location of private garages impossible, grant a special permit for a. priv'<te garage to be located nearer to the street line than the main structure, but in any case where such location is within a required. front or side yard, the highest point of a building so located shall not be more than thirty (30) inches above the average level of the ground on the side farthest from the street line. 7. It shall be the duty of the City Planning Commission: a. To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan thereof, as shown by the maps fixing the several districts, accompanying, and made part of this ordinance in case where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid. b. To rule on the proper application, or to interpret the mean- ing of the zoning ordinance in case there is a dispute between the administrative officials of the city and any owner or owners of property. Appeal to the planning; Commission may be made within ten days from such ruling;. Appellant shall file with the building; inspector and with the Council written notice of the appeal. The building inspector shall forthwith transmit to the Planning Com- mission all papers constituting the record upon which the action appealed from was taken, and in addition thereto the Planning Commission may receive such additional evidence as seems relevant to it. 8. The Planning Commission may approve the granting; of temporary and conditional permits for structures and uses that do not conform with the regulations herein prescribed for not more than two year periods, upon such terms and conditions as the Coi,mmission may prescribe. 3- SECTION XIX APPEALS TO THE CITY COUNCIL Any interested citizen or administrative officer of the city may appeal to the City Council from any ruling of the Planning Commission pertaining to the granting or denial of any permit applied for hereunder when such ruling; is adverse to his interests, by filing with the Secretary of the Planning Commission within ten (10) days from such ruling a written notice of appeal. Thereupon the Secretary of the Planning Commission shall forthwith transmit to the Council copies of all papers constituting the record upon which the action appealed from was taken, and in addition thereto, the City Council may at its hearing receive such further'evidence as seems to it relevant. Upon due and public hearing, the Council shall have power by vote of 3/4 of councilmen present to overrule or alter any such ruling of the Planning Commission pertaining to the granting or with -holding of any permit so applied for. SECTION XX BOUNDARIES AND DISTRICTS 1. The boundaries of the various districts shall be shown on the Use and Area maps accompanying and hereby made a part of this ordinance. The said district boundaries are, unless other- wise indicated, the center lines of streets, alleys or lot line as shown on the said maps. Where the location of the boundaries in such districts, as indicated on these maps, are shown to be other than street, alley or lot lines, then such boundary shall be construed to be distance one hundred twenty (120) feet from and parallel with the frontage street line, unless shown to be otherwise by a distance in figures. 2. Where the street layout actually on the ground varies from that shown on the Use District maps, the designations shown on the maps shall be appliewby the Planning Commission to the street as actually laid out so as to carry out the intent and purpose of the zoning plan of that district. SECTION XXI ENFORCEDENT It shall be the duty of the Building Inspector (or official) in charge of issuing; building permits and inspection of buildings -24- to see that this ordinance is enforced through the proper legal channels. He shall issue no permit for the construction or alteration of any building or part thereof uness the plans, specifications and intended use of such building conform in all respects with the provisions of this ordinance. PLATS: All specification for building pernnits shall be accom- panied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, the: use and location of existing buildings and buildings to be erected, and such other information as may be necessary to provide for the en- forcement of this ordinance. A careful record of such application and plats shall be kept in the office of the building inspector or proper enforcement official. SECTION XXII ADa�NDMENTS 1. The City Council may upon proper petition or upon its own motion, after a public hearing thereon and referral to and report from the City Planning Commission, change by ordinance the district boundary lines or zone classifications as shown on the district maps. 2. The City Council may upon its own motion after public hearing and referral to and report from the City Planning Commission, amend, supplement or change by ordinance the regul- ations herein established. 3. A petition for a change of zone classification or district boundary lines shall be made by the property owner on a form provided by and filed with the Building Inspector. Said petition shall be accompanied by a certified or cashier's ch ck made payable to the City Treasurer to the sum of ten (10) dollars, non-refundable, to cover costs incurred in connection with posting of the premises and mailing of notices to property owners affected. Rev / T/7 Petitions for change of zone shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the tract to be changed, the size, the use and location of existing buildings and buildings to be erected, and. such other information as may be necessary. If -25- change of zone classification is granted by ordinance, such ehan--e will remain effective only for six months, unless change ofuse granted is begun within that time. If not in use within said time the ordinance shall be null and void, and the original, use shall become effective therewith. SECTION XXIII COMPLETION AND RESTORATION OF EXISTING BUILDINGS Nothing herein contained shall require any change in the plans, construction, d�;signatcd or intended use of a building, for which a building permit has heretofore been issued, or plans for which are now on file with the building inspector, and a permit for the erection of which is issued within one (1) month after the adoption of this ordinance, and the construction of which in either case shall have begun and been diligently pros- ecuted within one (1) month after the adoption of this ordinance, and which building shall be entirely completed according to such plans as filed within one year from the adoption of this ordinance, Nothing in this ordinance shall prevent the restoration of a building within a period of one year from the date of its destruction, which has been partly destroyed by fire or other cause, subsequent to the passage of this ordinance, or prevent the continuance of the use of such buildings, as part of such restoration. The lawful use of the land existing at the time of the passing of this ordinance, altl��ough such use es not conform to the provisions of this ordinance, may be continued; but if such nonconforming use is discontinued for a period of one year or more, any further use of those lands and premises shall be in conformity with the provisions of this ordinance. SECTION XXIV CERTIFICATE OF OCCUPANCY No vacant land shall be occupied or used and no building hereafter erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one district to that of any other district as defined by this ordinance until a cert- ificate of occupancy shall have been issued by the building inspector. No permit for excavation for any building shall be .2- n/ issued before the application has been made for certivicate of occupancy. LAND: Certificate of occupancy for the use of vuc`=:nt lands or the change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, providing such use is in conformity with the provisions of these regulations. NON -CONFORMING USES: Upon a written request of the owner, the building inspector shall issue a certificate of occupancy for any building or lend existing at the time this ordinance takes effect, certifying, after inspection, the use of the building or land and whetler such use conforms to the provisions of the ordinance. :i5lhe.re a plat as above provided is not already on file, an application for a certificate of occupancy shall be accompanied by a survey in duplicate form such as is required for a permit. SECTION XXV VALIDITY Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the Dart so declared to be invalid. SECTION XXVI CONFLICTIi,iG PROVISIONS Ordinance #1164 and all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION XXVII VIOLA`I'IONS AND PENALTIES Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resist the enforcement of any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and shall be fined in any sum not to exceed one hundred (100) dollars or imprisoned in the city jail for a term of not exceeding thirty (30) days, or both, for each offense. Each day that a violation is permitted by owner to exist shall constitute a separate offense. SECTION XXVIII This ordinance shall take effect and be in force from and after its passage, approval. and legal publication. Approved this day of -TJ ece n'0-e_ro , 1953 Passed this = u -h_day of De e, mbe = , 1953 r' /✓ a 77le,; CL°1 LL:` CITY CLERK Approved as to form: a. Asjsist..ot, CITY ATTO�d\EY Date cj J1:1. 1G'a {tii="in DucG'l'}Ot-1' —28