[R.O. 1992 § 400.005; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. To the end that adequate light, pure air,
and safety from fire and other dangers may be secured, that the taxable
value of land and buildings throughout the municipality may be conserved,
that congestion in the public streets may be lessened or avoided,
that the hazards to persons and damage to property resulting from
the accumulation or runoff of storm- or floodwaters may be lessened
or avoided, and that the public health, safety, comfort, morals, and
welfare may otherwise be promoted, and to ensure and facilitate the
preservation of sites, areas, and structures of historical, architectural
and aesthetic importance, the City of Washington Zoning Ordinance,
in accordance with the Revised Statutes of Missouri, provides for
the following:
1.
To regulate and limit the height
and bulk of buildings hereafter to be erected.
2.
To establish, regulate and limit
the building or setback lines on or along any street, trafficway,
drive, parkway or storm- or floodwater runoff channel or basin.
3.
To regulate and limit the intensity
of the use of lot areas, and to regulate and determine the area of
open spaces, within and surrounding such buildings.
4.
To classify, regulate and restrict
the location of trades and industries and the location of buildings
designed for specified industrial, business, residential, and other
uses.
5.
To divide the entire municipality
into districts of such number, shape, area, and of such different
classes (according to use of land and buildings, height and bulk of
buildings, intensity of the use of lot area, area of open spaces,
or other classification) as may be deemed best suited to carry out
the purposes of this Chapter.
6.
To fix standards to which buildings
or structures therein shall conform.
7.
To prohibit uses, buildings, or structures
incompatible with the character of such districts.
8.
To prevent additions to and alteration
or remodeling of existing buildings or structures in such a way as
to avoid the restrictions and limitations lawfully imposed under this
Chapter.
9.
To establish other regulations of
land use and development that are consistent with the statutory authority
afforded to the City of Washington so as to promote the public health,
safety, comfort, morals and welfare of the City and its environs.
B. This Chapter is intended to be utilized in conjunction with the City of Washington Subdivision Regulations (Chapter
410) to ensure that the development of land within the City occurs in a manner that protects, provides for and promotes the public health, safety, convenience, comfort, and general welfare of the residents of Washington.
C. Except as otherwise provided for in Article
VIII, Non-Conforming Situations, all structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocation of structures occurring hereafter, and all enlargements or additions to existing uses occurring hereafter shall comply with the regulations of this Chapter.
D. In the event a non-conforming situation is caused by this Chapter and a building permit for a structure has been lawfully issued prior to the effective date of this Chapter, or amendment thereto, and provided that construction is begun within six (6) months of the date of the building permit and diligently prosecuted to completion, such structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and may, upon completion, be occupied under a certificate of occupancy for the use originally designated, subject thereafter to the provisions of Article
XII of this Chapter.
[R.O. 1992 § 400.010; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. The provisions of this Chapter shall be
considered the minimum requirements for the promotion of the public
health, safety, and welfare. Where provisions of this Chapter impose
greater restrictions than those of any statute, other ordinance or
regulation, the provisions of this Chapter shall be controlling. Where
the provisions of any statute, other ordinance or regulation impose
greater restrictions than this Chapter, the provisions of such statute,
other ordinance or regulation shall be controlling.
B. 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 annul 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 annul any easements,
covenants or other agreements between parties; except that if this
Chapter imposes a greater restriction, this Chapter shall control.
C. Whenever any provision of this Chapter
refers to or cites a section of the relevant State law or rules and
regulations and that section is later amended or superseded, this
Chapter shall be deemed amended to refer to the amended section or
the section that most nearly corresponds to the superseded section.
D. For the purpose of this Chapter, certain
terms and words are hereby defined. 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.
E. The terms "shall" and "must" are mandatory
and not discretionary; the words "may" or "should" are permissive.
F. The words and phrases expressly defined
herein shall be given the defined meaning, unless indicated otherwise
by the context.
G. Words and phrases which are not defined
herein shall be given their usual meaning, except where the context
clearly indicates a different or specified meaning.
H. The words "use" or "occupy" shall include
the words "intended, designed, or arranged to be used or occupied."
[R.O. 1992 § 400.015; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Other ordinances and codes of the City
of Washington governing buildings, land development, property maintenance,
and building occupancy include, but are not necessarily limited to,
the following:
1.
Building Code (Chapter
500, Washington Municipal Code).
2.
Fire Protection Code (Chapter
500, Washington Municipal Code).
3.
Flood Damage Prevention (Chapter
415, Washington Municipal Code).
4.
Property Maintenance Code (Chapter
500, Washington Municipal Code).
5.
Subdivision Regulations (Chapter
410, Washington Municipal Code).
6.
Sign Regulations (Chapter
405, Washington Municipal Code).
[R.O. 1992 § 400.020; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
For the purpose of this Chapter,
the City of Washington is hereby divided into the following districts:
AG
|
Agricultural District
|
R-1A
|
Single-Family Residence District
|
R-1B
|
Single-Family Residence District
|
R-1C
|
Single-Family Attached Residence
District
|
R-1D
|
Single-Family Residence District
|
R-2
|
Two-Family Residence District
|
|
a.
|
R-2 Overlay
|
R-3
|
Multiple-Family Residence District
|
C-1
|
Limited Commercial District
|
C-2
|
General Commercial District
|
|
a.
|
C-2 Overlay
|
C-3
|
Central Commercial District
|
M-1
|
Industrial District
|
M-2
|
Industrial District
|
PD
|
Planned Development Districts
|
|
a.
|
PD-R Planned Residential
|
|
b.
|
PD-C Planned Commercial
|
|
c.
|
PD-I Planned Industrial
|
|
d.
|
PD-MXD Planned Mixed-Use
|
[R.O. 1992 § 400.025; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The boundaries of these districts
are hereby established as shown upon the map made a part of this Chapter,
which map is designated as the "District Map." The District Map and
all the notations, references and other information shown thereon
are a part of this Chapter and shall have the same force and effect
as if such map and all the notations, references and other information
shown thereon were all fully set forth or described herein, which
District Map is properly attested and is on file with the City Clerk.
[R.O. 1992 § 400.030; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Where uncertainty exists with respect to
the boundaries of the various districts as shown on the District Map
made a part of this Chapter, the following rules apply:
1.
The district boundaries are either
streets or alleys, unless otherwise shown; and where the districts
designated on the District Map are bounded approximately by streets
or alleys, such streets or alleys shall be construed to be the boundary
of the district.
2.
Where the district boundaries are
not otherwise indicated, and where the property has been or may hereafter
be divided into blocks and lots, the district boundaries shall be
construed to be the lot lines; and where the districts designated
on the map are bounded approximately by lot lines, the lot lines shall
be construed to be the boundary of the district, unless the boundaries
are otherwise indicated on the map.
3.
In unsubdivided property, the district
boundary lines on the map shall be determined by use of the scale
appearing on the map.
4.
In the event any street, alley or
other public way forming the boundary of a district is vacated, the
new district boundary line shall be the former center line of said
vacated public way.
[R.O. 1992 § 400.035; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The owner or agent of a building or premises in or upon which a violation of any provision of Chapter
400 has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which 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 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, or by confinement in the county jail for not more than one (1) year, or by both such fine and confinement.
[R.O. 1992 § 400.040; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. It is hereby declared to be the intention
of the City Council that the provisions of this Chapter are severable.
If any part of this Chapter is declared invalid by any court of competent
jurisdiction, such ruling shall not affect or impair the integrity
or validity of the remainder of this Chapter or its application to
other persons, property or circumstances. The City Council further
declares that the provisions of this Chapter not ruled to be invalid
would have been enacted even without the provisions ruled invalid.
B. All rights or remedies of the City are
expressly saved as to any and all violations of any previous zoning
ordinance or amendments thereto, at the time of the effective date
of this Chapter, and the prosecutions of such violations shall not
be abated by the enactment of this Chapter.