[Ord. No. 5814 §1(1.1), 4-27-2004]
These regulations shall be known, cited and referred to as the Zoning Ordinance, Chapter
405 of the Code of Ordinances of the City of Clayton. All references to these regulations shall be considered as references to Chapter
405 of the City of Clayton Code of Ordinances.
[Ord. No. 5814 §1(1.2), 4-27-2004]
These zoning regulations shall apply only to the areas within
the City limits of the City of Clayton.
[Ord. No. 5814 §1(1.3), 4-27-2004]
If any Section, Subsection, sentence, clause or phrase contained
in this Chapter is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this Chapter.
[Ord. No. 5814 §1(1.4), 4-27-2004]
A. The
purpose of the City of Clayton Zoning Ordinance is to promote and
protect the public health, safety and general welfare of the present
and future residents of and visitors to Clayton in accordance with
the comprehensive general plan by:
1. Dividing the City into districts and regulating the use and intensity
of use of the land, buildings and surrounding open space;
2. Controlling and regulating growth and development to ensure adequate
transportation, parking, utility services and other public requirements;
3. Providing standards for lot size, building height, density and setbacks
to assure compatibility of properties within a district and the regulated
growth of uses throughout the City;
4. Providing adequate open space for privacy, light, air and greenspace;
5. Providing protection against fire, flood and other dangers;
6. Protecting the quality of the environment from nuisances associated
with certain uses or constructions;
7. Providing overlay zones to encourage desirable commercial development;
8. Providing for increased regulation of uses and flexibility of certain
requirements through the conditional use permit and planned unit development
provisions;
9. Conserving and enhancing the value of property; and
10. Protecting residential, commercial and industrial areas from harmful
encroachment by incompatible uses.
[Ord. No. 5814 §1(1.5), 4-27-2004; Ord. No. 6022 §1(Att. B), 7-8-2008]
For the purposes of this Chapter, the City is hereby divided
into the following districts:
"R-1"
|
Large Lot Single-Family Dwelling District
|
"R-2"
|
Single-Family Dwelling District
|
"R-3"
|
One- and Two-Family Dwelling District
|
"R-4"
|
Low Density Multiple-Family Dwelling District
|
"R-5"
|
Medium-Low Density Multiple-Family Dwelling District
|
"R-6"
|
Medium Density Multiple-Family Dwelling District
|
"R-7"
|
High Density Multiple-Family Dwelling District
|
"C-1"
|
Neighborhood Commercial District
|
"C-2"
|
General Commercial District
|
"HDC"
|
High Density Commercial District
|
"S-1"
|
Service District
|
"PUD"
|
Planned Unit Development District
|
"SDD"
|
Special Development District
|
[Ord. No. 5814 §1(1.6), 4-27-2004; Ord. No. 5906 §2, 10-25-2005]
Zoning districts established by this Chapter are bounded and
defined as shown in the official Zoning Map of the City of Clayton,
and all amendments thereto, which, together with all explanatory materials
contained thereon, is hereby made a part of this Chapter.
[Ord. No. 5814 §1(1.7), 4-27-2004]
District boundaries on the aforementioned map are streets, alleys
or lot lines unless otherwise shown. In the cases where the district
designations are bounded approximately by a street, alley or lot line(s),
the same shall be construed to be the boundary of the district. In
case of unsubdivided property, the district boundary lines shall be
determined by use of the scale appearing on the district map.
[Ord. No. 5814 §1(1.8), 4-27-2004]
A. Where
property is not specifically within a district shown on the district
map, such property shall be considered as being contained within the
"R-1" Large Lot Single-Family Dwelling District until or unless otherwise
classified by ordinance. All territory, which may hereafter be annexed
to the City, shall be classified in the "R-1" Large Lot Single-Family
Dwelling District until otherwise classified by ordinance.
B. Whenever
any public right-of-way is vacated by the Board of Aldermen, the zoning
districts adjoining each side of such public right-of-way shall automatically
be extended to the center of such vacation and all area included in
the vacation shall be subject to the regulations of the extended districts.
[Ord. No. 5814 §1(1.9), 4-27-2004]
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 Sections 89.010 to 89.140, RSMo., or of any
ordinance or other regulation made under authority conferred hereby,
the proper local authorities of the municipality, 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 Sections 89.010 to 89.140,
RSMo.
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 an ordinance violation punishable by a fine of not less than ten
dollars ($10.00) and not more than five hundred dollars ($500.00)
for each and every day that such violation continues or by both such
fine and imprisonment in the discretion of the court. Notwithstanding
the provisions of Section 82.300, RSMo., however, for the second (2nd)
and subsequent offenses involving the same violation at the same building
or premises, the punishment shall be a fine of not less than two hundred
fifty dollars ($250.00) or more than one thousand dollars ($1,000.00)
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 Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).