[Ord. No. 51, 7-14-1955]
All setbacks from all property lines as specified herein shall apply to property lines in the City of Mosby. Where property, located in the City of Mosby, has a common boundary with property not located in the City of Mosby, the regulation regarding setbacks are provided in the ordinance, or those provided in the adjoining area, whichever is least restrictive, shall apply.
[Ord. No. 51, 7-14-1955]
A. 
A detached accessory building for the housing of horses, ponies or mules owned by the occupants of the premises and not kept for remuneration, hire or sale.
B. 
A private stable will be permitted if located not less than one hundred (100) feet from a center street line nor less than fifty (50) feet from a side or rear lot line. It shall provide capacity for not more than one (1) horse, mule or pony for each ten thousand (10,000) square feet of lot area, but no more than a total of two (2) of the above-mentioned animals shall be allowed.
[Ord. No. 51, 7-14-1955]
A. 
The lawful use of land existing at the time of the passage of this Chapter, although such use does not conform to the provisions thereof, may be continued, but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provision of this Chapter. The lawful use of a building existing at the time of the passage of this Chapter may be continued, although such use does not conform with the provisions hereof, and such use may be continued or extended throughout the life of the building, provided no structural alterations, except those required by law, are made thereon and provided further that the non-conforming use is continuous. The non-conforming use at the time of the passage of this Chapter may not be changed to another non-conforming use except by permission of the Board of Aldermen.
B. 
The Board of Aldermen may, after public hearing, permit a change from a less desirable non-conforming use to a more desirable non-conforming use. When a change has been made to a more desirable non-conforming use the property may not be used, at some later time, for a less desirable non-conforming use as classified by this Chapter.
C. 
A non-conforming use if changed to a conforming use may not thereafter be changed back to a non-conforming use. Provided further, that any building or structure damaged not more than fifty percent (50%) of its assessed value by fire, explosion, or act of God, may be restored to its original design and use within a period of six (6) months thereafter.
[Ord. No. 51, 7-14-1955]
Any building or business enterprise not heretofore listed and classified in a zoning district may be classified by the Board of Aldermen. Such classification, however, shall reasonably come within the general intent and purpose of this Chapter in classifying buildings and business enterprises.
[Ord. No. 51, 7-14-1955]
A. 
Off-Street Parking And Loading Regulations. The off-street parking space, required below, shall apply to new structures only; or to additional units or seating capacity to be added to an existing structure.
B. 
Parking For Dwellings. For all one- and two-family dwellings hereafter erected, or any buildings converted to such use or occupancy, provision shall be made on the premises or in a community garage for the parking of passenger motor vehicles for the use of the occupants. Such parking shall provide space for one (1) motor vehicle for each family unit. These facilities are allowed in a side and/or rear yard only.
C. 
Parking For Multiple Dwellings And Apartments.
1. 
New structures. On-site facilities for the storage or parking of motor vehicles for the use of the occupants of multiple dwellings or apartments shall be provided or maintained on the basis of two (2) spaces or more for each three (3) units.
2. 
Existing structures. The on-site parking requirements for existing structures which are converted to multiple dwelling or apartment use or in which additional units are added shall be one (1) space for each additional unit except that where insufficient land is available to provide the minimum on-site parking facilities the Board of Aldermen, upon a proper showing by the applicant, may vary or waive such parking requirements.
D. 
Parking For Places Of Public Assembly.
1. 
For every structure, or part thereof, hereafter erected, or for any building converted to such use or occupancy, to be used principally as a place of public assembly, or for any addition thereto there shall be provided and maintained on the premises accessible off-street parking space for the storage of motor passenger vehicles.
a. 
For churches. One (1) space for each seven (7) seats or each one hundred forty (140) inches of pew length of audience seating capacity.
b. 
For theaters. One (1) space for each four (4) seats of audience seating capacity.
c. 
For funeral homes. One (1) space for each twenty-five (25) square feet of floor area of room or rooms used for services.
d. 
For other places of public assembly. One (1) space for each five (5) seats of audience seating capacities.
2. 
The foregoing requirements shall apply only to expanded, converted or new audience seating capacities or to rooms used for services.
3. 
The Board of Aldermen may make an exception to this requirement after a public hearing, if undue hardship in complying with any of the above provisions is shown. In passing upon such matters, the Board of Aldermen shall be limited to the following conditions:
a. 
The proposed location of the parking facilities shall be within the same block as the structure to be used for public assembly, or across the street or alley from the building site, and within the nearest intersecting streets.
b. 
The distance from the nearest point of the building site to the nearest point of the parking facilities is less than five hundred (500) feet.
c. 
The location of the parking facility will not unduly adversely affect the use of the neighboring property.
E. 
Parking For Hotels.
1. 
For each hotel hereafter erected for any building converted to such use or occupancy at least one (1) parking space shall be provided for each of the first (1st) twenty (20) individual guest rooms or suites; one (1) additional parking space for each four (4) guests rooms or suites in excess of twenty (20) but not exceeding forty (40); and one (1) additional parking space for each six (6) guest rooms or suites in excess of forty (40) guest rooms or suites.
2. 
The location of the parking facilities shall be on the same site as the hotel, unless modified by the Board of Aldermen, after a public hearing, and under the same limitations as are provided for places of public assembly.
F. 
Parking For Hospitals, Convalescent Homes Or Institutions.
1. 
For all hospitals, philanthropic or eleemosynary institutions hereafter erected, or for any buildings converted to such use or occupancy, provision shall be made for the parking of motor passenger vehicles on the premises. One (1) parking space shall be provided for each three (3) hospital beds (less bassinets).
2. 
For all convalescent homes hereafter erected, or for any buildings converted to such use or occupancy, there shall be provided on the premises one (1) parking space for each four (4) patients.
3. 
The Board of Aldermen may vary any of the above requirements, after a public hearing, under the same limitations as are provided for places of public assembly.
G. 
Parking For Office And Professional Buildings.
1. 
All offices and professional buildings hereafter erected, and all buildings converted to such use or occupancy, shall provide on the premises one (1) parking space for each one thousand (1,000) square feet of gross floor area, except basement space, and other areas within the building used for parking cars.
2. 
The Board of Aldermen may vary this requirement as is provided for places of public assembly.
H. 
Parking For Business Or Commercial Buildings.
1. 
All retail business or commercial buildings hereafter erected, or any buildings converted to such use or occupancy, shall provide one (1) parking space for each four hundred (400) square feet of gross floor area or fraction thereof (except areas within the building used for parking cars) over and above one thousand (1,000) square feet for each such business or commercial establishment in the building. Such parking space shall be provided on the premises or within one thousand (1,000) feet, on property zoned for business or industrial purposes, or approved by the Board of Aldermen.
2. 
The Board of Aldermen may vary this requirement as is provided for places of public assembly.
I. 
Parking For Industrial Buildings.
1. 
All industrial buildings hereafter erected, and all buildings converted to such use or occupancy, shall provide on the premises one (1) off-street parking space for each four (4) employees.
2. 
The Board of Aldermen may vary this requirement as is provided for places of public assembly.
J. 
Off-Street Loading Regulations.
1. 
Hotels. All hotels hereafter erected, and all buildings converted to such use or occupancy, shall provide off-street loading facilities in accordance with the table given below.
2. 
Hospitals and institutions. All hospitals and institutions hereafter erected, and all buildings converted to such use or occupancy, shall provide off-street loading facilities in accordance with the table given below.
3. 
Business or commercial buildings. In Districts "C-1" or "C-2", off-street spacing for standing, loading and unloading services shall be provided in such a manner as not to obstruct freedom of traffic movement on streets, alleys, or sidewalks.
4. 
In Districts "C-3", "C-4", "M-1", "M-2" and "M-3" for every building, structure, or part thereof, hereafter erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale store, market, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution by vehicles, of materials or merchandise, there shall be provided and maintained on the premises adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets. Each space unless otherwise provided for shall consist of a ten (10) foot by twenty-five (25) foot loading space with fourteen (14) foot height clearance for small trucks as pickup trucks, and a ten (10) foot by forty-five (45) foot loading space with fourteen (14) foot height clearance for large trucks, including tractor-trailers.
5. 
The following table prescribes the number of spaces required:
Square Feet Of Gross Floor Area (Except Basement Area)
No. of Spaces
Building For Retail & Dept. Store Use, Mfg., Storage, Etc.
Office Buildings, Hotels, Hospitals & Institutions
1
Up to 25,000 (excl.)
3,000 to 100,000 (excl.)
2
25,000 to 85,000
100,000 to 335,000
3
85,000 to 155,000
335,000 to 625,000
4
155,000 to 235,000
625,000 to 945,000
5
235,000 to 325,000
945,000 to 1,300,000
6
325,000 to 425,000
1,300,000 to 1,695,000
7
425,000 to 535,000
1,695,000 to 2,130,000
8
535,000 to 655,000
2,130,000 to 2,605,000
9
655,000 to 775,000
2,605,000 to 3,120,000
10
775,000 to 925,000
3,120,000 to 3,675,000
6. 
These requirements may be changed by the Board of Aldermen upon appeal and after hearing where the Board finds that such change will not result in injury to neighboring property nor obstruction of fire lanes or traffic.
[Ord. No. 51, 7-14-1955]
Nothing herein contained shall require any change in any existing building or in the plan, construction or designated use of a proposed building and the construction of which shall have been commenced rightfully and in good faith, prior to the passage of this Chapter, or as hereafter amended, and the construction of which shall have been diligently prosecuted to its completion.