A.
Purpose:
1.
The
Agricultural District is to be used to promote orderly, timely, economical
growth and to recognize current land-use conditions. The district
is a reserved area in which the future growth of the City might occur.
It is the intent of this district that agricultural land be held in
that use for as long as is practical and reasonable. This zoning is
suitable for areas where development is premature because of a lack
of utilities, capacity, or service, or where the ultimate land use
has not been determined.
2.
The
zone is also to be used:
(a)
To protect those areas that are unsuitable for development because
of physical problems or potential health or safety hazards such as
flooding. The usage of the land would be permanently restricted to
low intensity agricultural uses until such time as the property is
proven to be suitable for development and is rezoned.
(b)
To provide a permanent greenbelt to preserve natural areas or open
space buffer around uses that might otherwise be objectionable or
pose environmental or health hazards.
B.
Permitted
Uses:
1.
Farming,
ranching, related activities, and accessory uses including the owner’s
single-family dwelling on more than 10 acres.
2.
Home
occupations.
3.
Municipally
owned or controlled facilities, utilities and uses.
4.
Temporary
concrete batching plants limited to the period of construction, upon
approval of location and operation by the Building Official.
5.
One
amateur radio antenna and tower per residential lot, accessory to
a residential use not exceeding 40 feet in height and meeting all
setbacks applicable to antennas.
C.
Conditional
Uses:
(Require Use Permits, See Article IV)
1.
Facilities
for the raising of animals, including kennels, in accordance with
all applicable City of Saint Jo Ordinances, excluding feedlots.
2.
Single-family
dwelling and accessory uses on property of less than 10 acres that
has not been subdivided or sold off in pieces since the effective
date of this ordinance or the date of annexation, whichever is later.
3.
A mobile home on an unsubdivided tract of five acres or more, subject to the conditions established in Article IV.
4.
Outdoor
commercial recreation and amusements, excluding drive-in theaters,
but including golf courses, target ranges and skeet shoots, picnic
groves, amusement parks, circus or carnival grounds, commercial amusement
or recreational developments or tents, and other similar uses. Temporary
outdoor uses not exceeding 14 days meeting all other requirements
of the City may be permitted by the Building Official.
5.
Wholesale
nursery for the growing of plants not for retail sale on the premises.
6.
Landing
strips.
7.
Extraction
and drilling activities, including the removing, screening, crushing,
washing and storage of ore, sand, clay, stone, gravel or other similar
material.
8.
Facilities
for railroads or those utilities holding a franchise under the City
of Saint Jo.
9.
Broadcast
towers for radio, television, or microwave.
10.
Institutional
uses including sanitary landfill, water treatment and supply facilities,
wastewater treatment facilities.
11.
Semi-public
uses.
12.
Other
uses which, as determined by the City Council, are not contrary to
the purposes established for this district.
D.
Prohibited
Uses:
1.
Any
building erected or land used for other than one or more of the preceding
specified uses.
2.
Any
use of property that does not meet the required minimum lot size;
front, side and rear yard dimension; and/or lot width; or exceeds
the maximum height, building coverage or density per gross acre as
required.
E.
Area
Requirements:
1.
Minimum
lot area - 43,560 square feet
2.
Minimum
lot frontage on a public street - 100 feet
3.
Minimum
lot depth - 200 feet
4.
Minimum
depth of front setback - 40 feet plus 1 foot for each foot in height
over 25 feet
5.
Minimum
depth of rear setback - 10 feet
7.
Minimum
distance between buildings on the same lot or parcel of land - 12
feet
8.
Minimum
length of driveway pavement from the public right-of-way on a side
or rear yard - 20 feet
9.
Maximum
building coverage as a percentage of lot area - N/A
10.
Maximum
height of structures - 36 feet
(Ordinance adopted 6/23/03; Ordinance 89-2021-12 adopted 12/8/21)
A.
Purpose:
1.
This
district is considered to be the proper zoning classification for
smaller lot developments for a single-family dwelling use. This district
is intended to be composed of single-family dwellings together with
public, denominational and private schools, churches and public parks
essential to create basic neighborhood units.
2.
Areas
that are zoned for this use shall have or provide for water, wastewater,
drainage and transportation capacities based on single-family usage
required by the allowed density.
3.
It
is intended for areas that are properly buffered from non-residential
uses, and protected from pollution and/or environmental hazards or
from high volume of non-single-family traffic.
4.
Developers
wishing to restrict their subdivision to lot sizes in excess of what
this ordinance requires shall use restrictive covenants.
B.
Permitted
Uses:
1.
Agricultural
uses on unplatted land, in accordance with all other adopted ordinances.
2.
One
detached single-family dwelling per lot.
3.
Home
occupations.
4.
Day
care centers with less than 7 children enrolled at any one time.
5.
Paved
automobile parking areas which are necessary to the uses permitted
in this district.
6.
Municipally
owned or controlled facilities, utilities, and uses.
7.
One
portable building per lot not larger than one hundred twenty (120)
square feet in floor area nor taller than ten (10) feet in height,
as an accessory to a residential use on the same lot.
8.
No
more than two (2) accessory buildings not exceeding fifteen (15) feet
in height not exceeding two hundred twenty-five (225) square feet
each, as an accessory to a residential use on the same lot, provided
the exterior covering contains only materials found on the main structure.
Greenhouses are exempt from the materials requirements of this Section.
9.
One
detached garage not exceeding fifteen (15) feet in height nor exceeding
nine hundred (900) square feet as an accessory to a residential use
on the same lot, provided the exterior covering contains the same
materials, excluding glass, as found on the main structure and generally
in the same proportion[.]
10.
Private
residential swimming pools as an accessory to a residential use.
11.
Private
unlighted residential tennis courts on the same lot, as an accessory
to a residential use.
12.
Nurseries,
greenhouses and gardens, as an accessory to a residential use of the
same lot where the products are not to be sold.
13.
An
accessory use customarily related to a principal use authorized in
this district.
14.
Temporary
real estate sales offices located on property being sold, limited
to the period of sale of the lots with a two-year initial period and
one-year extensions being authorized by the City Council, such offices
to be maintained at all times.
15.
Temporary
on-site construction offices limited to the period of construction,
with a two-year initial period and one-year extensions being authorized
by the City Council, such offices to be maintained at all times.
16.
Temporary
concrete batching plants limited to the period of construction, upon
approval of location and operation of the Building Official.
17.
One
amateur radio antenna and tower per residential lot as an accessory
to a residential use not exceeding 40 feet in height and meeting all
setbacks applicable to antennas.
C.
Conditional
Uses:
(Require Use Permits, See Article IV)
1.
A mobile home on an unsubdivided tract of five acres or more or used as a temporary construction office, subject to the conditions established in Article IV.
2.
Paved
parking facilities for non-residential uses that are not allowed in
this district if properly screened, buffered, and landscaped.
3.
Facilities
for railroads or those utilities holding a franchise under the City
of Saint Jo.
4.
Institutional
uses, including day care centers with more than 6 children.
5.
Semi-public
uses.
6.
A bed and breakfast operation as an accessory to a single-family dwelling unit subject to the conditions in Article IV.
7.
Detached
garages, accessory buildings, or portable buildings exceeding the
maximum permitted height or size requirements, or garages or accessory
buildings not meeting the required materials requirements, used as
an accessory to a residential use on the same lot.
8.
Private
residential tennis court used as an accessory to a residential use
if not located on the same lot or utilizing lights.
9.
Associated
recreation and/or community clubs.
10.
Guest
houses, or separate servant quarters.
D.
Prohibited
Uses:
1.
Any
building erected or land used for other than one or more of the preceding
specified uses.
2.
The
storage of equipment, material or vehicles, including abandoned vehicles
which are not necessary to the uses permitted in this district.
3.
A driveway
or crosswalk way, as distinct from a dedicated street, to provide
access to premises in a Commercial or Industrial District.
4.
Any
use of property that does not meet the required minimum lot size;
front, side and rear yard dimension; and/or lot width; or exceeds
the maximum height, building coverage or density per gross acre as
required.
E.
Area
Requirements:
1.
Minimum
lot area - 9,000 square feet
2.
Maximum
number of single-family detached dwellings units per lot - 1
3.
Minimum
square footage per dwelling unit - 1100 square feet
4.
Minimum
lot frontage on a public street - 60 feet
(a)
Street frontage reductions for cul-de-sacs and knuckles. Lots fronting
on cul-de-sac or knuckle streets may have 30 feet of frontage.
5.
Minimum
lot depth - 100 feet
6.
Minimum
depth of front setback - 20 feet plus 1 foot for each foot in height
over 25 feet
7.
Minimum
depth of rear setback - 10 feet
9.
Minimum
distance between separate buildings on the same lot or parcel of land
- 10 feet
10.
Minimum
length of driveway pavement from the public right-of-way for rear
or side yards - 20 feet
11.
Maximum
building coverage as a percentage of lot area - 35 percent
12.
Maximum
height of structures - 32 feet
(Ordinance adopted 6/23/03; Ordinance 89-2021-12 adopted 12/8/21)
A.
Purpose:
1.
The
Duplex Residential District is established to provide adequate space
and site diversification for medium-density, duplex type residential
development with two dwelling units per lot, and almost twice the
density of a typical single-family development, and to adjust the
area requirements accordingly.
2.
Duplex
type development is a low to medium density use, and additional requirements
for streets, water and fire protection, wastewater, drainage, and
adequate open space shall be met before development to such use.
3.
Duplex
developments are not necessarily a buffer between single-family and
commercial uses, and should be properly buffered from non-residential
uses, and protected from high volumes of non-residential traffic,
or from pollution and/or environmental hazards.
B.
Permitted
Uses:
1.
Agricultural
uses on unplatted land in accordance with all other adopted ordinances.
2.
One
detached single-family dwelling per lot.
3.
One
duplex on a lot with fire retardant walls, separate utility meters,
and separate sewer lines.
4.
One
attached townhouse unit with fire walls on an individual lot with
a maximum of two attached units on two separate lots which when combined
meet the requirements of this District.
5.
Home
occupations.
6.
Day
Care centers with less than 7 full time children enrolled at any one
time.
7.
Paved
automobile parking areas which are necessary to the uses permitted
in this district.
8.
Municipally
owned or controlled facilities, utilities, and uses.
9.
One
portable building per dwelling unit not larger than one hundred (100)
square feet of floor area nor taller than ten (10) feet in height,
used as an accessory to a residential use on the same lot.
10.
Accessory
buildings not larger than one hundred (100) square feet of floor area
nor taller than ten (10) feet in height, provided the exterior covering
contains only the same materials as the main structure used as an
accessory to a residential use on the same lot.
11.
Private
residential swimming pool as an accessory to a residential use.
12.
Private
unlighted tennis court on the same lot, as an accessory to a residential
use.
13.
Nurseries,
greenhouses and gardens, accessory to a residential use on the same
lot where the products are not to be sold.
14.
An
accessory use customarily related to a principal use authorized in
this district.
15.
Temporary
real estate sales offices located on property being sold, limited
to the period of sale with a two-year initial period and one-year
extensions being authorized by the City Council, such offices to be
maintained at all times.
16.
Temporary
on-site construction offices, limited to the period of construction,
with a two-year initial period and one-year extensions being authorized
by the City Council, such offices to be maintained at all times.
17.
Temporary
concrete batching plants limited to the period of construction, upon
approval of location and operation of the Building Official.
18.
One
amateur radio antenna and tower per residential lot as an accessory
to a residential use not exceeding 40 feet in height and meeting all
setbacks applicable to antennas.
C.
Conditional
Uses:
(Require Use Permits, See Article IV)
1.
A mobile home on an unsubdivided tract of five acres or more or used as a temporary construction office, subject to the conditions established in Article IV.
2.
Paved
parking facilities for non-residential uses that are not allowed in
this district if properly screened, buffered, and landscaped.
3.
Facilities
for railroads or those utilities holding a franchise under the City.
4.
Institutional
uses, including day care centers with more than 6 children.
5.
Semi-public
uses.
6.
Private
residential tennis court used as an accessory to a residential use
if not located on the same lot or utilizing lights.
7.
Associated
recreation and/or community clubs.
8.
Guest
houses, or separate servant quarters.
D.
Prohibited
Uses:
1.
Any
building erected or land used for other than one or more of the preceding
specified uses.
2.
The
storage of equipment, material or vehicles, including abandoned vehicles,
which are not necessary to the uses permitted in this district.
3.
A driveway
or crosswalk way, as distinct from a dedicated street, to provide
access to premises in a Commercial or Industrial District.
4.
Any
use of property that does not meet the required minimum lot size;
front, side and rear yard dimension; and/or lot width; or exceeds
the maximum height, building coverage, or density per gross acre as
required.
E.
Area
Requirements:
1.
Single-Family
detached units shall meet the area requirements of the SF-9 district.
2.
Minimum
lot area - 9,000 square feet
3.
Maximum
number of single-family attached dwelling units per lots - 2
4.
Minimum
square footage per dwelling unit - 800 square feet
5.
Minimum
lot frontage on a public street - 60 feet
6.
Minimum
lot depth - 100 feet
7.
Minimum
depth of front setback - 20 feet plus 1 foot for each foot in height
over 25 feet
8.
Minimum
depth of rear setback - 10 feet
9.
Minimum
width of side setback -
10.
Minimum
distance between buildings on the same lot or parcel of land - 10
feet
11.
Minimum
length of driveway pavement from the public right-of-way on a side
or rear yard - 20 feet
12.
Maximum
building coverage as a percentage of lot area - 45% of lot area.
13.
Maximum
height of structures - 32 feet
(Ordinance adopted 6/23/03)
A.
Purpose:
1.
The
(MF-15) Medium Density Multi-Family District is established to provide
adequate space and site diversification for medium density areas.
2.
This
zone allows medium density developments, and should be located where
additional requirements for streets, water and fire protection, wastewater,
drainage, and adequate open spaces are met. MF-15 uses should not
run traffic over long distances of single-family residential sized
streets, or through single-family neighborhoods, and should be located
close to arterial or collectors capable of carrying the additional
traffic.
3.
Multifamily
developments are not necessarily a buffer between single-family and
commercial uses, and should be property buffered from non-residential
land uses and traffic, or from pollution and/or environmental hazards.
B.
Permitted
Uses:
1.
Agricultural
uses on unplatted land in accordance with all other adopted ordinances.
2.
Duplexes.
3.
Triplexes,
quadraplexes.
4.
Condominiums
providing evidence of meeting all state regime requirements.
5.
Apartments.
6.
Home
occupations.
7.
Day
Care centers with less than 7 full time children enrolled at any one
time except in condominiums and apartments.
8.
Paved
automobile parking areas which are necessary to the uses permitted
in this district.
9.
Municipally
owned or controlled facilities, utilities, and uses.
10.
Storage
buildings used as an accessory to a residential use on the same lot.
11.
Accessory
recreational uses such as tennis courts, swimming pools, designed
for use by residents of a specific project. Lighting for such uses
shall be signed so as not to glare across property lines, nor glare
into residential areas on the same property.
12.
Nurseries,
greenhouses and gardens, where the products are not to be sold.
13.
An
accessory use customarily related to a principal use authorized in
this district.
14.
Temporary
real estate sales offices located on property being sold, limited
to the period of sale of the lots with a two-year initial period and
one-year extensions being authorized by the City Council, such office
to be maintained at all times.
15.
Temporary
on-site construction offices limited to the period of construction,
with a two-year initial period and one-year extension being authorized
by the City Council, such office to be maintained at all times.
16.
Temporary
concrete batching plants limited to the period of construction, upon
approval of location and operation of the Building Official.
C.
Conditional
Uses:
(Require Use Permits. See Article IV)
1.
A mobile home on an unsubdivided tract of five acres or more or used as a temporary construction office, meeting the conditions established in Article IV.
2.
Retail
area to serve only the residents of a specific multifamily development
in projects over 500 units.
3.
Paved
parking facilities for non-residential uses not allowed in this district,
if properly screened, buffered, and landscaped.
4.
Facilities
for railroads or those utilities holding a franchise under the City
of Saint Jo.
5.
Institutional
uses including Day Care centers with more than 6 full time children
enrolled at one time, except in condominiums and apartments.
6.
Semi-public
uses.
7.
Portable
buildings on the same lot.
8.
Associated
recreation and/or community clubs. Such uses shall be included in
calculating the coverage requirements of this district.
D.
Prohibited
Uses:
1.
Any
building erected or land used for other than one or more of the preceding
specified uses.
2.
The
storage of equipment, material or vehicles, including abandoned vehicles,
which are not necessary to the uses permitted in this district.
3.
A driveway
or crosswalk way, as distinct from a dedicated street, to provide
access to premises in a Commercial or Industrial District.
4.
Any
use of property that does not meet the required minimum lot size;
front, side and rear yard dimension; and/or lot width; or exceeds
the maximum height, building coverage or density per gross acre as
required.
E.
Area
Requirements:
1.
Duplexes
shall meet the requirements of the 2-F District, with only one duplex
per lot.
2.
Minimum
site area - 10,000 square feet
3.
Minimum
lot area - 2,000 square feet of lot per unit
4.
Maximum
density per gross acre - 14 units/acre
5.
Minimum
lot frontage on a public street - 60 feet
6.
Minimum
lot depth - 100 feet
7.
Minimum
depth of front setback - 25 feet
8.
Minimum
depth of rear setback*
(a)
Abutting a single-family, townhouse, or duplex district
one story structure - 25 feet
two story structure - 50 feet
three story structure - 75 feet
(b)
Abutting any other district - 10 feet
|
*Unenclosed carports may be built up to within 5 feet of any
property line that abuts an alley and no closer than 20 feet from
any street intersection.
|
9.
Minimum
width of side setback -
(a)
Abutting a single-family, townhouse, or duplex district
one story structure - 25 feet
two story structure - 50 feet
three story structure - 75 feet
(b)
Internal lot - 10 feet for a one-story structure or 15 feet for structures
two or more stories in height
(c)
Abutting street - 15 feet
(d)
Abutting an arterial - 20 feet
11.
Maximum
building coverage as a percentage of lot area - 45% Each development
containing over 100 dwelling units shall provide 300 square feet of
open space per 2 and 3 bedroom unit, with at least one open area with
the minimum dimensions of 200 feet by 150 feet. Swimming pools, tennis
courts and other recreational facilities can be counted toward the
overall open space requirement, but not toward the required 200 feet
by 150 feet area.
12.
[2] Minimum amount of permanent, landscaped open space - 20%
of total lot area, with 30% of total requirement located in front
and alongside buildings along street frontages. Any parking lot with
more than 2 rows of spaces shall have a minimum of 2% of the interior
of the parking lot in landscaping. Such landscaping shall be counted
toward the 20% total landscaping requirement. All required landscaped
areas shall be permanently maintained and shall have an irrigation
system installed meeting all applicable City codes, and approved by
the Building Official.
[2]
Original has this subsection unnumbered.
13.
Maximum
height of structures - 36 feet
14.
Minimum
requirements for construction materials
(a)
exterior walls - a minimum of 75% of each building wall shall consist
of masonry material as defined, excluding stucco.
15.
Minimum
number of paved, striped, off-street parking spaces required for
(a)
0 bedroom or efficiency dwelling unit - 1.5 spaces per unit
(b)
1 bedroom dwelling units - 1.5 spaces per unit
(c)
2 bedroom dwelling units - 2 spaces per unit
(d)
3 or more bedroom dwelling units - 2.5 spaces per unit
(e)
The average number of parking spaces for the total development shall
not be less than 2 spaces per unit.
F.
Required
Conditions:
1.
Any
owner, builder, or developer of a multiple-family or condominium dwelling
complex of eight (8) units or more on a single lot or parcel shall
submit to the City Council for review and approval, the site and building
plan for the proposed development at the time the zoning request is
made. In any case, a site plan shall be submitted and approved prior
to an application for a building permit. The contents of this site
plan shall contain drawings to scale to indicate as needed:
(a)
Location of all structures proposed and existing on the subject property
and within twenty (20) feet on adjoining property;
(b)
Landscaping and/or fencing of yards and setback areas and proposed
changes;
(c)
Design of ingress and egress;
(d)
Location of adjacent zoning districts;
(e)
Off-street parking and loading facilities;
(f)
Height of all structures;
(g)
Proposed uses;
(h)
Location and types of all signs, including lighting and heights;
(i)
Location and type of lighting;
(j)
Fire lanes;
(k)
Solid waste facilities; and
(l)
Utility service locations
2.
The
purpose of the site plan review is:
(a)
To insure compliance with the Zoning Ordinance, while allowing for
design flexibility;
(b)
To assist in the orderly and harmonious development of the City;
(c)
To protect adjacent uses from obstructions to light, air, and visibility;
(d)
To provide protection from fire;
(e)
To avoid undue concentrations of population and overcrowding of land;
and
(f)
To facilitate the adequate provision of transportation, water, sewage,
drainage and other public requirements.
3.
The
City Council shall approve an application for a multiple-family dwelling
complex if the proposed development meets all the minimum standards
established in this ordinance and other applicable ordinances, and
if the Commission finds that the proposed development will not be
detrimental to the health, safety, or welfare of the surrounding neighborhood
or its occupants, or be substantially or permanently injurious to
neighboring property. It shall disapprove or conditionally approve
any application which fails to meet the above criteria or is in conflict
with the Comprehensive Plan or the adopted growth policies of the
City.
4.
The
site plan shall be submitted to the Zoning Administrator or his duly
authorized representative prior to the submission to the City Council
for review as established by the City Council. The Zoning Administrator
or his designee shall review these plans as quickly as possible, but
in no case shall he delay submission beyond one (1) City Council meeting.
(Ordinance adopted 6/23/03)
A.
Purpose:
1.
The
Commercial District is established to provide adequate space and site
diversification for most types of commercial development in the City
of Saint Jo. Larger shopping centers and most of the existing commercial
strips along major arterial would be included in this district. The
uses specified in this district include most types of retail activity
and some wholesale with the exception of those uses which are not
compatible with the retail shopping function. For example, lumber
yards, contractor yards, and warehousing with high volumes of truck
traffic and low volumes of retail type traffic are not included in
this district.
2.
This
district will be the major retail district, with intensive commercial
uses and large volumes of retail traffic. The noise, traffic, litter,
late night hours, and other influences that could be harmful to residential
areas require adequate buffering from residential areas, and the traffic
from such uses should not pass through residential areas, except on
arterial or major collectors.
3.
Areas
should not be zoned to this usage unless they are located on or close
to arterial or major collectors capable of carrying the additional
traffic they will generate, and in areas where there is increased
water, fire protection, wastewater and drainage capacity.
B.
Permitted
Uses:
1.
Agricultural
use of unplatted land in accordance with all other adopted ordinances.
2.
Any
retail businesses, personal services, professional service, business
services conducted within a completely enclosed building, except the
following: Lumberyards or contractor yards, farm equipment or other
heavy equipment sales or service, farm products warehousing and storage
or stockyards, general warehousing or storage.
3.
Planned
shopping centers and neighborhood convenience centers.
4.
Office
buildings and accessory uses.
5.
Restaurants,
including accessory outdoor seating.
6.
Hotel,
motel.
7.
Theaters
and auditoriums.
8.
Paved
parking lots, not including commercial parking lots.
9.
Funeral
homes.
10.
Gasoline
service stations, or retail outlets where gasoline products are sold.
11.
Car
wash.
12.
Drive-in
businesses.
13.
Printing,
publishing, and allied products manufacturing accessory to such use.
14.
Fabrication
of jewelry for sale on premises.
15.
Any
wholesale trade, or wholesale trade accessory to any permitted retail
operation except the following: raw cotton, grain, hide, skins and
raw furs, tobacco, wool or mohair, livestock, commercial or industrial
machinery or supplies, building supplies and lumberyards, metals and
minerals, petroleum bulk stations and terminals, scrap or junk waste
materials.
16.
Other
uses similar to the above.
17.
Rail
and motor vehicle transportation passenger terminals.
18.
Telephone,
telegraph, television, radio or similar media stations, centers, studios,
but not including public microwave, radio, and television towers.
19.
Institutional
uses.
20.
Municipally
owned or controlled facilities, utilities, and uses.
21.
Minor
automotive repair, accessory to a permitted retail use, when the gross
floor area of the auto repair and related storage does not exceed
30% of the retail sales floor area.
22.
An
accessory use customarily related to a principal use authorized in
this district.
23.
Temporary
sale of Christmas trees with permit and approval of the Building Official.
24.
Temporary
indoor and outdoor fundraising events sponsored by nonprofit organizations
with permit and approval of the Building Official.
25.
Outdoor
carnivals not exceeding 2 weeks sponsored by and on the same site
as a permanent business with permit and approval of the Building Official.
26.
Temporary
on-site construction offices limited to the period of construction
and approved by the Building Official.
27.
Temporary
concrete batching plant limited to the period of construction upon
approval of location and operation by the Building Official.
C.
Conditional
Uses:
(Require Use Permits, See Article IV.)
1.
A mobile home on an unsubdivided tract of five acres or more or used as a temporary construction office meeting the conditions of Article IV.
2.
New
car dealership.
3.
Nursery,
greenhouse, or garden center.
4.
Microwave,
radio and television towers.
5.
Facilities
for railroads or those utilities holding a franchise under the City
of Saint Jo not allowed as permitted use.
6.
Semi-public
uses as defined herein.
7.
Commercial
amusements, as defined herein, including amusement parks, circus or
carnival grounds, recreation developments, or tents for other amusements,
in accordance with all other applicable ordinances, and more than
300 feet from residentially zoned land unless such setback is reduced
or waived by the City Council. Temporary uses not exceeding 14 days
meeting all other requirements of the City may be permitted by the
Building Official.
8.
Private
club as an accessory to a general restaurant.
9.
New
buildings with over 5,000 square feet, or additions of over 40% of
existing floor area or over 5,000 square feet with combustible structural
construction materials.
10.
Buildings
with exterior walls with less than 90% masonry materials excluding
overhead doors on walls without street frontage.
11.
Any
structure over 60 feet in height.
12.
Veterinarian
clinics for treatment of large or small animals without outside storage
with no outdoor pens or runs.
13.
Any use permitted in this zoning classification that meets the terms and definitions of the Saint Jo Code of Ordinances, as it is currently adopted or as it may hereafter be amended, subject to the conditions established in Article IV.
15.
New
boat dealership, meeting the conditions of Article 4.1.
16.
Self-Storage
Facilities, meeting the conditions of Article 4.1.
D.
Required
Conditions:
1.
All
business establishments other than those selling a service shall be
retail or wholesale service establishments dealing directly with customers.
All goods produced on the premises shall be sold on premises where
produced.
2.
All
business operations including storage shall be conducted within a
completely enclosed building unless specifically authorized for the
use as listed (except for off-street parking and loading, and incidental
display of retail items for sale) excluding retail outlets where gasoline
products are sold and drive-in businesses.
3.
Any owner, builder, or developer of a tract or parcel of land fronting on or adjacent to a roadway designated by the City Council as a principal roadway, shall submit, prior to issuance of a building permit, to the City Council for review and approval, a site and building plan for the proposed development. The contents of this site and building plan shall comply with the requirements as specified in Article III. Upon approval such development shall comply with approved site plan.
E.
Prohibited
Uses:
1.
Any
building erected or land used for other than one or more of the preceding
specified uses.
2.
Any
use of property that does not meet the required minimum lot size;
front, side and rear yard dimension; and/or lot width; or exceeds
the maximum height, building coverage or density per gross acre as
required.
F.
Area
Requirements:
1.
Minimum
site size - 10,000 square feet
2.
Minimum
site frontage on a public street - 60 feet
3.
Minimum
site depth - 100 feet
4.
Minimum
depth of front setback - 25 feet from the future right-of-way as shown
on the adopted Thoroughfare Plan, or as actually exists, whichever
is greater.
5.
Minimum
width of side setback -
(a)
Without fire retardant wall - 15 feet
(b)
With a fire retardant wall - 0 feet
(c)
Abutting residentially zoned property - 20 feet plus 1/2 the building
height over 36 feet
(d)
Abutting Interstate 30 or an arterial street - 25 feet from the future
width of the right-of-way as shown on the adopted Thoroughfare Plan,
or as actually exists, whichever is greater.
(e)
Abutting all other streets - 15 feet from the future width of the
right-of-way as shown on the adopted Thoroughfare Plan, or as actually
exists, whichever is greater.
(f)
In no case shall more than a 50 foot setback be required.
6.
Minimum
depth of rear setback -
(a)
Abutting non-residentially zoned property, with retardant wall and
alley separating - 0 feet
(b)
Without fire retardant wall or alley - 20 feet
(c)
Abutting residentially zoned property - 20 feet plus 1/2 the building
height over 36 feet
(d)
In no case shall more than a 50 foot setback be required.
8.
Minimum
requirement for construction materials -
(a)
Structures -
(1)
All structural materials for new buildings greater than 5,000 square
feet in floor area, or additions of more than 40% of the existing
floor area or exceeding 5,000 square feet, shall consist of 100% non-combustible
materials.
(2)
All structural materials for new buildings 5,000 square feet or less
in floor area, and any additions to existing buildings 40% or less
than the existing floor area and 5,000 square feet or less may consist
of combustible materials rated a minimum of one-hour fire resistive
on all walls, floors, and ceilings.
(b)
Exterior walls - Each exterior wall shall consist of 90% masonry
materials as defined herein excluding overhead metal doors on walls
not having street frontage.
9.
Maximum
building coverage as a percentage of lot area - 60%
10.
Maximum
amount of impervious coverage as a percentage of lot area - 95%
11.
Minimum
amount of landscaped areas - all development shall comply with the
City’s Landscaping Regulations as currently adopted or as hereafter
amended.
12.
Maximum
floor area ratio - 4:1
13.
Maximum
height of structures - 240 feet. Any structure exceeding 60 feet in
height shall require a conditional use permit.
15.
Maximum
number of entrances and/or exits -
(a)
Arterial streets - 1 per each 200 feet of street frontage per site,
or as approved by the City Council.
(b)
Collector streets - 1 per each 100 feet of street frontage per site,
or as approved by the City Council.
(c)
Local streets - 1 per each 50 feet of street frontage per site, or
as approved by the City Council.
16.
Lots
with non-residential uses that have a side or rear contiguous to or
separated only by an alley, easement or street, from any residential
district must be separated from such district by a buffer as defined,
or as approved by the City Council.
(Ordinance adopted 6/23/03)
A.
Purpose:
1.
Industrial
development represents a viable part of the economic base in Saint
Jo, and more is desired. The rapidly changing variety of industry
found in Saint Jo and the development of modern technology make it
appropriate and desirable to provide for standards of industrial performance
rather than to attempt to categorize by name. The purpose of this
district is to create a limited industrial zone that provides for
the modern type of industrial uses or industrial park. With the exception
of hazardous materials manufacture, this zone allows the same uses
as the HI, Heavy Industrial District. Limitations are placed on the
uses in this district to significantly restrict the outside activities
and storage of materials, noise, vibration, smoke, pollution, fire
and explosive hazard, glare and any other potentially adverse influences.
These limitations create a zone that could be considered the “highest
and cleanest” industrial zone.
2.
This
zone is intended for industrial parks and larger, cleaner types of
industries. The manufacturing uses should be conducted within a totally
enclosed building. Any activities conducted outside should be screened
and buffered, and no external effects such as excessive noise or odor
should extend beyond the property lines. The sites for such uses are
typically a minimum of two acres and average 5 to 10 acres, with a
significant amount of land dedicated to landscaping.
3.
Because
this is a limited industrial zone with substantial screening and buffering
requirements, limited industrial uses are suitable for high visibility
locations such as along the freeway, or within a reasonable distance
of residential areas. Residential uses should be discouraged from
locating near the industrial district to protect the industries from
residential complaints.
4.
Areas
should not be zoned to this usage unless they are located on or close
to arterial capable of carrying commercial and truck traffic. They
should be located close to major truck routes. Internal streets in
such developments should be sized and strengthened to accommodate
truck traffic. Each industry should work with the City to insure the
water pressure and capacity is adequate to provide fire protection
for that particular industry before such industry is developed. Industries
should also work with the City to insure that the water, wastewater,
and drainage capacity is adequate before the industry is developed.
B.
Permitted
Uses:
1.
Agricultural
uses of unplatted land in accordance with all other ordinances.
2.
Any
retail business, personal services, professional services, or business
services.
3.
Planned
shopping centers and neighborhood convenience centers.
4.
Office
buildings and accessory uses.
5.
Restaurants.
6.
Paved
parking lots, including commercial parking lots.
7.
Gasoline
service stations, or retail outlets where gasoline products are sold.
8.
Automotive
and other repair services, excluding wrecking yards.
9.
Drive-in
businesses.
10.
Printing,
publishing, and allied products manufacturing.
11.
Any
of the following uses when the manufacturing, compounding, or processing
of previously prepared materials is conducted wholly within a completely
enclosed building. That portion of the land used for open storage
facilities for materials or equipment used in the manufacturing, compounding
or processing or for truck loading and unloading shall be totally
obscured by a wall on those sides abutting a residentially zoned district,
a C District or adjacent to a street.
(a)
The manufacturing, compounding, processing, packaging or treatment
of such products as bakery goods, candy, cosmetics, pharmaceutical,
plastics, toiletries, food products, hardware and cutlery;
(b)
The manufacturing, compounding, assembling or treatment of articles
or merchandise from the following previously prepared materials: bone,
canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass,
hair, horn, leather, paper, plastics, precious or semi-precious metals
or stones, sheet metal (excluding saw and planning mills) and yarns;
(c)
The manufacture of pottery and figurines or other similar ceramic
products using only previously pulverized clay, and kilns fired only
by electricity or gas, or other fuels that do not pollute;
(d)
Manufacture of musical instruments, toys, novelties, and metal or
rubber stamps, or other small molded rubber products;
(e)
Manufacture or assembly of electrical appliances, electronic instruments
and devices, radios, and phonographs;
(f)
Laboratories-experimental, film or testing;
(g)
Manufacture and repair of electric or neon signs, sheet metal products,
including heating and ventilating equipment, cornices, eaves and the
like;
12.
Tool,
dye, gauge and machine shops.
13.
Any
wholesale trades conducted in an enclosed building.
14.
Warehousing,
mini-warehouses for storage purposes only, and storage.
15.
All
public utilities, including buildings, necessary structures, storage
yards and other related uses with proper screening.
16.
Telephone,
telegraph, television, radio or similar media stations, studios, but
not including public microwave, radio and television towers.
17.
Institutional
uses.
18.
Municipally
owned or controlled facilities, utilities and uses.
19.
Other
uses of a similar and no more objectionable character to those principal
uses permitted subject to any and all provisions of ordinances relating
to the use of property within the City of Saint Jo.
20.
Accessory
structures and uses customarily related to the above principal uses
authorized in this district, including the residence for a night watchman
or caretaker employed on the premises.
21.
Temporary
sale of Christmas trees with permit and approval of the Building Official.
22.
Temporary
indoor and outdoor fundraising events sponsored by nonprofit organizations
with permit and approval by the Building Official.
23.
Outdoor
carnivals not to exceed 2 weeks sponsored by and on the same site
as a permanent business with permit and approval of the Building Official.
24.
Temporary
on-site construction offices limited to the period of construction
and approved by the Building Official.
25.
Temporary
concrete batching plants limited to the period of construction upon
approval of the location and operation by the Building Official.
C.
Conditional
Uses:
(Require Use Permits, See Article IV)
1.
A mobile
home used as the residence of a watchman or caretaker employed on
the premises.
2.
A mobile home on an unsubdivided tract of five acres or more or used as an office, meeting the conditions of Article IV.
3.
Commercial
amusements, as defined herein, including amusement parks, circus or
carnival grounds, recreation developments, or tents for other amusements,
in accordance with all other applicable ordinances, and more than
300 feet from residentially zoned land unless such setback is reduced
or waived by the City Council. Temporary uses not exceeding 14 days
meeting all other requirements of the City may be permitted by the
Building Official.
4.
Car
wash.
5.
New
car dealerships.
6.
Concrete
and mortar plants.
7.
Facilities
for railroads or those utilities holding a franchise under the City
of Saint Jo not allowed as permitted use.
8.
Radio,
television and microwave towers.
9.
Semi-public
uses.
10.
Any
structure which exceeds 60 feet in height.
11.
Any use permitted in this zoning classification that meets the terms and definitions of the Saint Jo Code of Ordinances, as it is currently adopted or as it may hereafter be amended, subject to the conditions established in Article IV.
12.
Veterinary
clinics for the treatment of small or large animals with or without
accessory kennel facilities, and without outdoor pens or runs.
13.
Kennels
without outdoor pens or runs.
14.
Metal
plating and finishing facilities.
D.
Required
Conditions:
1.
All
business and manufacturing operations including storage shall be conducted
within a completely enclosed building unless specifically authorized
for the use as listed (except for off-street parking or loading, and
incidental display of wares for sale), excluding retail outlets where
gasoline products are sold.
2.
Any owner, builder, or developer of a tract or parcel of land fronting on or adjacent to a roadway designated by the City Council as a principal roadway shall submit, prior to issuance of a building permit, to the City Council for review and approval, a site and building plan for the proposed development. The contents of this site and building plan shall comply with the requirements as specified in Article III. Upon approval, such development shall comply with approved site plan.
E.
Prohibited
Uses:
1.
Any
manufacturing use that involves the use and/or storage of substantial
amounts of hazardous or flammable materials, such as petroleum products,
that in the opinion of the Fire Marshal is a potential hazard based
on current fire codes.
2.
Any
building erected or land used for other than one or more of the preceding
specified uses.
3.
Any
use of property that does not meet the required minimum lot size;
front, side and rear yard dimension; and/or lot width; or exceeds
the maximum height, building coverage or density per gross acre as
required.
F.
Area
Requirements:
1.
Minimum
site size - 12,500 feet
2.
Minimum
site frontage on a public street - 100 feet
3.
Minimum
site depth - 125 feet
4.
Minimum
depth of front setback - 25 feet from the future width of right-of-way
shown on the adopted Thoroughfare Plan or as actually exists, whichever
is greater, plus 1/2 the building height over 36 feet, with a 50-foot
maximum.
5.
Minimum
width of side setback -
(a)
With or without fire retardant wall - 15 feet plus 1/2 the building
height over 36 feet.
(b)
Abutting residentially zoned property - 30 feet plus 1/2 the building
height over 36 feet.
(c)
Abutting Interstate 20 or an arterial - 20 feet plus 1/2 the building
height over 36 feet.
(d)
Abutting all other streets - 15 feet plus 1/2 the building height
over 36 feet.
(e)
In no case shall more than a 50 foot side setback be required.
7.
Minimum
distance between detached buildings on the same lot or parcel of land
-
8.
Minimum
requirement for construction materials -
9.
Maximum
building coverage as a percentage of lot area - 60%
10.
Maximum
amount of impervious coverage as a percentage of lot area - 95%
11.
Minimum
amount of landscape areas - all development shall comply with the
City’s Landscaping Regulations as currently adopted or as hereafter
amended.
12.
Maximum
floor area ratio - 2:1
13.
Maximum
height of structures - 120 feet. Any structure exceeding 60 feet in
height shall require a conditional use permit.
15.
Maximum
number of entrances and/or exits -
(a)
Arterial streets - 1 per each 200 feet of street frontage per site,
or as approved by the City Council.
(b)
Collector streets - 1 per each 100 feet of street frontage per site,
or as approved by the City Council.
(c)
Local streets - 1 per each 50 feet of street frontage per site, or
as approved by the City Council.
16.
Lots
with nonresidential uses that have a side or rear contiguous to or
separated only by an alley, easement or street, from any residential
district must be separated from such district by a buffer as defined,
or as approved by the City Council.
(Ordinance adopted 6/23/03)
A.
Purpose:
In certain instances the purposes of the Zoning Ordinance may
be achieved by the development of planned units which do not conform
in all respects with the land use pattern designated on the zoning
map or the district regulations prescribed by this ordinance or the
Subdivision Ordinance. A planned development (PD) is generally on
tracts of land of 5 acres or more and may include a combination of
different dwelling types and/or a variety of land uses which creatively
complement each other and harmonize with existing and proposed land
uses in the vicinity. The purpose of the district is to encourage
creative development of the land, provide locations for well planned
comprehensive developments, and provide for variety and flexibility
in the development patterns of the City which conform with the purposes
of the general plan. The City Council is empowered to grant permits
for planned developments under the procedure established herein.
B.
Permitted
Uses:
The following uses are permitted as part of an
approved Planned Development:
1.
All
uses permitted in previous districts including but not limited to:
2.
Cluster,
zero lot line, or townhouses
3.
High
rise apartments
4.
Mobile
homes and modular homes (and recreational vehicles) when authorized
by the specific planned development and under the following minimum
conditions:
5.
Shopping
centers
6.
Office
parks
7.
Industrial
parks
8.
Civic
Centers or Community Centers
9.
Medical
Centers or hospitals
10.
Private
clubs as an accessory to general restaurant
11.
Any
combination of uses that are compatible with one another
12.
Other
such uses that lend themselves to planning concepts that may not be
allowed in other zoning districts.
13.
For
purposes of this ordinance, land use designations in a Planned Development
will reflect a specific zone classification in determining allowed
uses. Other uses may be considered by the City Council at the time
the ordinance is approved if the additional uses are shown to be compatible
to other uses in the development and the surrounding land uses.
C.
Prohibited
Uses:
1.
Any
building erected or land used for other than the use shown on the
planned development plan, as approved by the City Council, and as
recorded with the Building Official.
2.
Any
use of property that does not meet the required minimum lot size;
front, side and rear yard dimension; and/or lot width, or exceeds
the maximum height, building coverage or density per gross acreage
as shown in the development’s recorded development plan, as
approved by the City Council.
3.
Any
use deemed by the City Council as being detrimental to the health,
safety or general welfare of the citizens of Saint Jo.
D.
Area
Requirements:
1.
Area
requirements for each use shall meet or exceed the maximum and minimum
standards applicable to such uses as if those uses were situated in
the least restrictive district in which such uses are permitted or
as listed in this Section, or demonstrate that the intent of the standards
has been met in accordance with good planning practices.
2.
Modification
of the area requirements contained in this ordinance may be allowed
by the City Council when all of the following circumstances are met:
(a)
The proposed modifications substantially meet the intent of the Zoning
and Subdivision Ordinances and the Comprehensive Plan.
(b)
The proposed modification provides for better project design.
(c)
The combination of different dwelling types and/or the variety of
land uses in the development will complement each other and will harmonize
with existing and proposed land uses in the vicinity.
(d)
The development will not generate more traffic than the streets in
the vicinity can carry without congestion and the development will
not overload utilities as determined by the City Engineer/Planner.
(e)
Financial reasons shall not be the sole reason for modification of
standards.
3.
In
approving the Planned Development Ordinance and Preliminary and/or
Development Plan, the City Council shall, after recommendations by
the City Council, specify such land uses, maximum height, floor area
ratios, density, minimum off-street parking and loading standards,
setbacks, site coverage, building spacing, access, screening walls
or landscaping, building area, open space, pedestrian ways, public
or private streets, alleys, and other development and protective requirements
considered necessary to protect the health, safety and general welfare,
and to create a reasonable transition to and protection from property
adjacent to a Planned Development District. Such standards shall be
specified in the ordinance establishing the district, and in the Preliminary
and the Development Plan.
4.
Townhouse
Area Requirements:
(a)
Minimum lot area - 3,500 square feet
(b)
Maximum number of single-family dwelling units per lot - 1
(c)
Minimum square footage per dwelling unit - 1,000 square feet
(d)
Minimum lot frontage on a public street - 35 feet
(e)
Minimum lot depth - 100 feet
(g)
Minimum depth of rear setback - 7-1/2 feet
(i)
Minimum separation between attached buildings - every 140 feet there
shall be a minimum of 20 feet between buildings.
(j)
Minimum distance between buildings on the same lot or parcel of land
- 10 feet
(k)
Minimum length of driveway pavement from the public right-of-way
on side or rear yard - 20 feet
(l)
Maximum building coverage as a percentage of lot area - 60%
(m)
Minimum amount of permanent, landscaped open space - 10% of lot with
50% of the requirement in front or alongside the building along street
frontages
(n)
Maximum number of attached units - 4 units up to a maximum of 140
feet
(o)
Maximum density - 8 units per gross acre
(p)
Maximum height of structures - 30 feet
(q)
Minimum number of off-street parking spaces required - 2 off-street
spaces plus a one-car garage
E.
Application
Process:
An application for a Planned Development District shall be made to the City Council in the same manner that an application for a zone change is made. An application shall include and be accompanied by a Preliminary Plan as required by this Section, which shall become a part of the Amending Ordinance. A complete Development Plan as set out in subsection 2e [2f] of this Section, may be substituted for a preliminary plan, and will constitute both the preliminary and the development plan. In addition to the requirements outlined in paragraphs 1 b and 2e [2f] of this Section, the City Council may require additional information or special plans related to specific elements of the Planned Development. Upon receipt of the application and Preliminary Plan, the Zoning Administrator or his designated representative shall follow notification requirements for a public hearing as specified in Article XI, Section 11.1.
1.
Preliminary
Plan
(a)
An applicant may submit a Preliminary Plan with the application for
a Planned Development District if the applicant is not ready to begin
development of part or all of the site. The Preliminary Plan shall
contain all information that may be necessary to insure that the development
complies with all applicable regulations and requirements.
(b)
The Preliminary Plan shall be prepared on a topography base map at
a scale of 1" = 100', or at a scale to be specified by the City Staff,
along with an 8-1/2" x 11" reduction, with no less than 5' contour
intervals and shall include:
(1)
A metes and bounds description of the entire Planned Development
tract.
(2)
A drawing locating floodplain areas, water bodies, creeks, drainage
areas, and significant natural features such as major tree groupings
and important view corridors.
(3)
Sufficient evidence to establish that the applicants are in fact
all the owners or have control of all outstanding interest of the
land and structures thereon.
(4)
A drawing locating all land use areas, showing proposed gross acreage
of each use, maximum lot coverages, maximum height, minimum setbacks,
residential densities, approximate gross floor area and floor area
ratio for all commercial, industrial and office uses.
(5)
Location of all major access points, thoroughfares, and collectors
within the development.
(6)
Identification of all major land use classifications and the approximate
acreage within the development as related to current zoning district
designations or the specific purpose. The designated usage will not
be assumed to establish area requirements as established within the
zoning district, but these requirements shall be used as guidelines
in the final determination of area requirements.
(7)
Indication of each phase of development if the proposed Planned Development
is to be in separate phases.
(8)
Indication by acreage or percentage of total development all major
areas planned for public and private open space.
(9)
Land area included with the site and the land area of all abutting
sites with the zoning classifications thereon, and dimensions and
locations of all public and private rights-of-way and easements bounding
and intersecting the site.
(10)
Estimates of traffic volumes and turning movements may be required.
(11)
The preliminary plan shall be signed by the applicant’s
engineer and planner. A location map shall accompany the preliminary
plan, showing the relationship of the planned development to adjacent
properties and the land uses and thoroughfares shown on the comprehensive
plan and intended for the area.
(c)
The application by the owner or owners to City Council for approval
of the Preliminary Plan shall be handled in the same manner as any
zoning change under the Zoning Ordinance. The applicant shall submit
copies of the Preliminary Plan to the Zoning Administrator or his
designated representative. After receiving his recommendation, the
City Council shall make a recommendation to either approve or deny
the rezoning to Planned Development, and to either approve, modify,
or deny the Preliminary Plan and conditions. Upon appeal and hearing
before the City Council, the City Council may approve or deny the
rezoning request and may approve, deny or modify the preliminary plan
as submitted to the City Council.
2.
Development
Plan
(a)
An applicant must submit a final development plan which shall be
recorded and kept on file by the City. The development plan must conform
to the approved Preliminary Plan, either for the total Planned Development
District, or for each phase. Consideration of a development plan which
does not deviate from the approved Preliminary Plan will not require
additional public hearings.
(b)
The development plan shall be submitted to the Zoning Administrator
in such a manner as prescribed by the officially adopted policies
of the City Council and shall include a checklist of items to be included
on the Development Plan as submitted to the City Council.
(c)
Major changes in the development plan shall be considered the same
as amendments to the Zoning Ordinance and Preliminary Plan approval
and shall be processed as required. The following changes are not
considered major changes:
(1)
Changes that do not alter the basic relationship of the proposed
development to adjacent property.
(2)
Changes that retain the character of the development.
(3)
Changes that do not significantly alter the uses permitted, or increase
the density, setbacks, height, or coverage of the site.
(4)
Changes that do not increase the problems of traffic, circulation,
safety, or utility requirements.
(d)
Changes that meet these criteria may be approved by the City Council
without public hearing.
(e)
If the development plan deviates from the approved preliminary plan
and ordinance, the City Council shall reject and disapprove such a
plan and conditions and require a new application, filing fee, and
advertised public hearing.
(f)
The development plan, in addition to those items included in the
preliminary plan, shall include or show:
(1)
The development plan of the entire planned development of the proposed
phase at a scale of 1" = 100', or as specified by City Staff and 8-1/2"
x 11" reduction showing the proposed finished grade of the area at
2 foot intervals.
(2)
In addition to data and drawings prescribed, the application shall
be accompanied by a tabulation of the area proposed to be devoted
to each land use and a tabulation of the average population density
per net acre and per gross acre in the area or areas proposed to be
devoted to residential use.
(3)
A description of the proposed lot or lots and the boundaries thereof,
and proposed setbacks on the lots.
(4)
With the exception of single-family dwellings, the location of each
existing and each proposed structure in the development, the use or
uses to be contained therein, the number of stories, the gross floor
area, and the location of entrances and loading points thereof. If
a particular type structure is to be built a number of times, a typical
lot layout may be substituted.
(5)
All public rights-of-way, curb cuts, driving lanes, parking areas,
loading areas, public transportation areas, and illumination facilities
for the same, including existing facilities to be relocated. Design
criteria for illumination facilities may be required.
(6)
All pedestrian walks, malls, and open areas for use by tenants or
visitors.
(7)
All reservations for public uses, including parks, playgrounds, schools
and other open spaces.
(8)
The location and height of each wall, fence and screen planting used
as a buffer between uses and from adjacent property owners.
(9)
All landscaped areas, including any reserved open space to be retained.
Detailed landscaping plans may be required when necessary.
(10)
The location, size, height, and orientation of each sign, except
signs that are flat on building facades and that do not directly face
property in a residential district, or directional signs.
(11)
Facilities for waste disposal on other than single-family uses.
(12)
Proposed street names for all public and private roads.
(13)
Elevations and/or perspective drawings may be required in order
that the relationship of the buildings to adjacent property, open
spaces and to other features of the development plan may be determined.
This subsection does not apply to single-family, duplex and townhouse
lots.
(14)
Any or all of the required features may be incorporated on a
single drawing if such drawing is clear and suitable for evaluation
by the City Staff and City officials.
(15)
A legal instrument establishing a plan for permanent care and
maintenance of any common areas or communally owned facility must
be submitted before the development plan will be approved. All such
instruments shall be approved by the City attorney as to legal form,
and by the City Council as to suitability for the proposed use of
the common area.
(16)
The title page of each application and set of plans shall be
signed by the applicant’s architect, planner, landscape architect,
engineer and/or land surveyor if these services are required. In addition
to an engineer and a planner, the applicant’s submittal may
be required to contain the professional services of at least two of
the remaining three professionals involved in the design and construction
of the environment.
(g)
Phase developments: The preliminary plan shall be divided into Sections
of proposed development so that in any Section of an approved final
development plan, there will be definitely established lines showing
the resulting boundaries of the reduced PD District:
(h)
Effects of Recording: All final development plans approved hereunder
shall be binding upon the applicant, their successors and assignees,
shall limit and control the issuance and validity of all permits,
and shall restrict and limit the construction, locations, use and
operation of all land and structures included within such plans to
all conditions and limitations set forth in such plans.
(i)
Issuance of Permit
(1)
Upon, but not before, the approval, of the development plan as herein
set forth, and completion of platting requirements as set forth in
the subdivision ordinance of the City of Saint Jo, the applicant(s)
for said plan shall be entitled to apply for such permits and certificates
as are necessary to proceed with the accomplishment of such plan.
(2)
Upon the approval of the Preliminary Plan and rezoning of a land
parcel to PD, Planned Development District, and upon the approval
of the development plan, the applicant shall proceed with the accomplishment
of said development plan in accordance with all other ordinances of
the City of Saint Jo.
(j)
Compliance with Development Plan
(1)
The Zoning Administrator shall ensure compliance with this Ordinance,
the Preliminary Plan and the Development Plan. He shall:
(a)
Make inspections to determine compliance with the provisions
of this Ordinance and the Concept Plan and Development Plan, and initiate
appropriate action if necessary.
(b)
Investigate thoroughly any complaints of noncompliance concerning
the Development Plan and keep a record of all complaints, indicating
any action taken.
(c)
Upon determination of noncompliance with the Development Plan,
the Zoning Administrator shall take action as follows:
(1)
Give written notice to the property owner of the nature of the
violation, the necessary action to remedy the violation, and the time
period, not less than ten (10) days nor more than thirty (30) days
after the date of notification, within which to comply.
(2)
Notify the City Council of the noncompliance if the violations
have not been corrected within the prescribed time period.
(k)
Effect of Development Plan Approval
(1)
If development of a lot or tract with an approved development plan
has not been completed within 3 years of its final approval the development
plan shall be deemed to have expired, and a new review and approval
of a development plan for development of the property shall be undertaken
by the City Council upon application by the owner, and such new approval
shall be required before a building permit may be issued for development.
Said review and approval shall be evaluated according to the standards
of this ordinance, taking into account all changes to the ordinance
which have occurred subsequent to the prior development plan approval.
(2)
If the development plan is submitted in conjunction with an approved
phasing plan for development of the lot or tract, the development
plan shall be deemed to have expired if any phase is not completed
within the time period approved for such phase. No development plan
phase may be planned to exceed three years unless specifically authorized
by the City Council when demonstrated that due to the size or complexity
of the development the three-year time period would create a hardship.
If any phase is not completed within the time period approved the
entire remaining uncompleted development plan shall be deemed to have
expired and the provisions of Section A.1.[k)(1)] above shall be followed.
(3)
Extension of an approved development plan may be granted by the City
Council upon submission of a request for such extension by the property
owner at least 90 days prior to the expiration of the plan. The City
Council shall take into consideration any changes that have occurred
in this ordinance subsequent to original approval of the plan and
the property owner may be required to bring such plan into compliance
with the current requirements. The period of time approved for any
such extension shall be indicated in any approval but in no case shall
the period for extension exceed 3 years.
(4)
All development plans submitted and approved prior to adoption of
this ordinance shall be deemed to have expired if development has
not been completed within 3 years of the final approval of this ordinance.
F.
Coordination
with Subdivision Ordinance:
(1)
It is the intent of this ordinance that subdivision review under
the subdivision regulations be carried out simultaneously with the
review of a planned development under this Section of the Zoning Ordinance.
(2)
The final development plans required under this Section of this ordinance
may be submitted in a form which will satisfy the requirements of
the subdivision ordinance for the preliminary plats required under
those regulations.
(Ordinance adopted 6/23/03)
SECTION 1
PURPOSE:
The City Council of Saint Jo, Texas hereby declares that as
a matter of public policy the Protection, enhancement and perpetuation
of districts and landmarks of historical and cultural importance and
significance is necessary to promote the economic, cultural, educational
and general welfare of the public. It is recognized that within the
City of Saint Jo numerous areas, sites and structures represent the
unique confluence of time and place that shaped the identity of generations
of citizens, collectively and individually, and produced significant
historic, architectural and cultural resources that constitute their
heritage, and therefore this act is intended to:
A.
Protect and enhance the district and landmarks which represent distinctive
elements of Saint Jo’s historic, architectural and cultural
heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance Saint Jo’s attractiveness to visitors and
the support and stimulus to the economy thereby provided;
D.
Insure the harmonious, orderly and efficient growth and development
of the City;
E.
Promote economic prosperity and welfare of the community by encouraging
the most appropriate use of such property within the City; and,
F.
Stabilize and improve values of such properties.
SECTION 2
HISTORIC PRESERVATION ADVISORY BOARD
A.
Created:
There is hereby created a Historic Preservation
Advisory Board which shall serve as an advisory body to the City Council.
Such Board shall consist of five (5) members to be appointed by the
City Council from a slate of citizens provided by the Saint Jo Historical
Preservation Society.
The City Council with the Board’s advice may appoint a
qualified city official, staff person, or appropriate resident of
the Saint Jo area, a circle approximately 18 miles in diameter with
Saint Jo as the center, to serve as historic preservation officer.
This officer shall administer this ordinance and advise the board
on submitted matters.
B.
Term of Office; Qualifications:
The members shall be
appointed for a term of two (2) years with staggered terms and shall
be removable by the City Council. Their terms of office shall expire
on the last day of July or when their successor has been appointed.
In the event that a vacancy occurs prior to the expiration of a full
term the City Council shall appoint a new member to complete the unexpired
term from a slate of citizens provided by the Saint Jo Historical
Preservation Society. Any member may be reappointed by the City Council
upon completion of a term to which he has been appointed.
All Board members, regardless of background, shall have a known
and demonstrated interest in historic preservation within the city.
All members must live or own property within the historic Saint Jo
area, a circle approximately 18 miles in diameter with Saint Jo as
the center.
C.
Duties:
The duties of the
Board are as follows:
1)
Provide professional recommendations to the City Council as
required, regarding site plans, building alternatives, and building
plans proposed within the City (HD) Historic Overlay District. The
Board shall review site plans and building elevations placed before
them within the thirty (30) day time frame allowed for processing
applications prior to submission to the City Council. The Board shall
prepare a written assessment of the proposed project regarding compliance
with approved guidelines for development within the District, and
its applicability in preserving and enhancing the history and culture
of the District.
2)
Research, document and maintain in the official files of the
City detailed information regarding the original construction and
architecture of the District.
3)
Develop and maintain guidelines regarding development and redevelopment
within the District including architectural design, materials selections,
building styles and other pertinent design considerations. The proposed
guidelines shall be submitted to the City Council for approval.
4)
Adopt Roberts’s rules of order for the orderly conduct
of Board meetings.
5)
Recommend the boundaries of historic districts.
6)
Increase public awareness of the value of historic, cultural,
and architectural preservation by encouraging and participating in
public education programs developed by the Historic Preservation Advisory
Board.
7)
Make recommendations for employment of staff and professional
consultants as necessary to carry out the duties of the Board.
8)
Create committees from among its membership, the memberships
of local historical organizations and local interested and qualified
citizens and delegate to these committees’ responsibilities
to carry out the purposes of this ordinance.
9)
Maintain written minutes which record all actions taken by the
Commission and reasons for taking such actions.
D.
Officers:
The Board shall elect a Chairman and Vice
Chairman at the first meeting in August or at the first meeting thereafter
for a term of one (1) year.
E.
Voting:
Each member in attendance shall have a vote
on plans submitted to the Board with that vote reported to the Council.
Any member professionally or financially involved in matters pending
before the Board shall abstain from any discussion, consideration
or vote on that item and shall leave the room during such discussion
and consideration. Meetings of the Board shall be called as needed
by the Board Chairman or Officer.
F.
Meetings:
The Commission shall meet at least monthly,
if business is at hand. Special Meetings may be called at any time
by the Chairman (or mayor) or on the written request of any two Commission
members. All meetings shall be held in conformance with the Texas
Open Meetings Act, Texas Civil Statutes and Article 6252-17.
G.
A quorum for the transaction of business shall consist of not less
than a majority of the full authorized membership.
SECTION 3
DESIGNATION OF LANDMARKS OR HISTORIC DISTRICTS
A.
The City Council may designate by zoning ordinance certain areas
as historic districts. Such districts shall bear the word “historic”
in their zoning designation[.]
B.
The Board may recommend to the Council a historic district. Property
owners within a proposed district shall be notified prior to the Board’s
hearing on the designation. At the Board’s public hearing, Board
members, owners, and interested parties may present testimony or documentary
evidence which shall become part of a record regarding the historic,
architectural, or cultural importance of the proposed historic district.
The record also may contain staff reports, public comments, or other
evidence offered outside of the hearing.
Upon recommendation of the Board, the proposed historic district
shall be submitted to the City Council for its review and recommendation.
The City Council shall give notice, conduct its public hearing, in
the same manner and according to the same procedures as specifically
provided in the general zoning ordinance of the City of Saint Jo.
The City shall give notice, follow the publication procedure, hold
public hearings, and make its determination in the same manner as
provided in the general zoning ordinance of the city.
The Board shall make its recommendation, to be forwarded to
the City Council, within thirty (30) days from the date of submittal
of designation request. The City Council shall schedule a public hearing
on the Board’s recommendation to be held within forty-five (45)
days of receipt of such recommendation.
Upon designation of an area as a historic district, the designation
should be recorded in the tax records of the City of Saint Jo, and
the City official zoning maps. All zoning maps should indicate the
designated districts by an appropriate mark.
A Historic district may be designated if it:
(i)
Possesses significance in history, architecture, archeology,
and/or culture.
(ii)
Is associated with events that made a significant contribution
to the broad patterns of local, regional, state, and/or national history.
(iii)
Is associated with the lives of persons significant in our past.
(iv)
Embodies the distinctive characteristics of a type, period,
and/or method of construction.
(v)
Represents the work of a master designer, builder, and/or craftsman.
(vi)
Represents an established and familiar visual feature of the
City.
C.
The Board may recommend a district to the Council to be designated
if it:
(i)
Contains properties which meet one or more of the criteria for
designation of a landmark.
(ii)
Constitutes a distinct Section of the City.
The boundaries of each historic [district] designated henceforth
shall be specified in detail and shall be filed, in writing, in the
City Secretary’s office for public inspection.
SECTION 4
CERTIFICATE OF APPROPRIATENESS FOR ALTERATION OR NEW CONSTRUCTION
AFFECTING HISTORIC DISTRICTS
Any person carrying out any work which requires a building permit
for exterior alteration, restoration, reconstruction, new construction,
moving or demolition of a property within a historic district visible
must first obtain a Certificate of Appropriateness from the City Council.
The Board may recommend guidelines to enable the City Council
to issue a Certificate of Appropriateness for exterior restorations
and renovations requiring a building permit as well as additional
signage, street amenities and lighting.
Any addition or deletion of landscape materials or landscape
design elements need not receive a Certificate of Appropriateness
from the Council. It is recommended, however, that all proposed landscaping
used in the District be extracted from the “Recommended Plant
List” as provided in the Landscape Ordinance of the City of
Saint Jo. City staff shall maintain a list of plant material that
is appropriate for all designated historic areas.
Any person willing to paint a structure within a historic district
will also need a Certificate of Appropriateness from the Council.
City staff and/or the Board shall review and comment as requested
by the property owner with regards to color selection and design.
SECTION 5
CRITERIA FOR APPROVAL OF A CERTIFICATE OF APPROPRIATENESS
In considering an application for a certificate of appropriateness,
the Board shall be guided by “The Secretary of the Interior’s
Standards for rehabilitation of Historic Buildings.” These guidelines
(Department of Interior regulations, 36 CFR 67) shall be made available
to the property owners of historic landmarks or within historic districts.
A.
A property shall be used for its historic purpose or be placed in
a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
B.
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
C.
Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
D.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
E.
Distinctive features, finishes, and construction techniques or examples
of craftsmanship that characterize a property shall be preserved.
F.
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture,
and other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical,
of [or] pictorial evidence.
G.
Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning
of structures, if appropriate, shall be undertaken using the gentlest
means possible.
H.
Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
I.
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
J.
New Additions and adjacent of [or] related new construction shall
be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
SECTION 6
CERTIFICATE OF APPROPRIATENESS APPLICATION PROCEDURE
A.
Prior to the commencement of any work requiring a Certificate of
Appropriateness the owner shall file an application for such a certificate
with the Historic Preservation Officer. The application shall contain:
(i)
Name, address and telephone number of applicant as well as a
detailed description of proposed work.
(ii)
Location and photographs of the property and adjacent properties.
(Historical photographs also may be helpful.)
(iii)
Elevation drawings of the proposed changes, if available, preferably
in color.
(iv)
Samples of materials to be used, if requested by the Board.
(v)
If the proposal includes signs or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of materials to be used, method of illumination (if
any), and a plan showing the sign’s location on the property.
(vi)
Site plan in accordance with the General Zoning Ordinance, if
applicable.
(vii)
Any other information which the Board may deem necessary in
order to visualize the proposed work.
B.
No building permit shall be issued for such proposed work until a
certification of appropriateness has first been issued by the Council.
The certification of appropriateness required by this act shall be
in addition to and not in lieu of any building permit that may be
required by another ordinance of the City of Saint Jo.
C.
The Board shall make its recommendations to the City Council, deny
or approve with modifications within 30 days from receipt of the completed
application. The Board may hold a public hearing on the application
at which an opportunity will be provided for proponents and opponents
of the application to present their views. Should the Board not take
action within the thirty day period, the Certificate of Appropriateness
shall be automatically approved.
D.
All decisions of the Board shall be in writing. A certificate shall
be sent to the applicant and a copy filed with the City Secretary’s
office for public inspection. The Board’s decision shall state
the reasons for denying or modifying any application.
E.
An applicant for a certificate of appropriateness dissatisfied with
the action of the Commission relating to the issuance of denial of
a certificate of appropriateness shall have the right to appeal to
the City Council within thirty (30) days after receipt of notification
of such action. The City Council shall give notice, follow publication
procedure, hold hearings, and make its decision in the same manner
as provided in the general zoning ordinance of the city.
SECTION 7
DEMOLITION PERMIT AND CERTIFICATE OF APPROPRIATENESS
A permit for the demolition of a property within a historic
district, including secondary buildings, shall not be granted by the
Chief Building Official without the review of a completed application
by the Board and issuance of a Certificate of Appropriateness for
Demolition by the City Council.
An applicant for a proposed demolition may apply for a certificate
of appropriateness on the grounds of hardship. In order to prove the
existence of hardship, the applicant shall establish to the satisfaction
of the City Council that:
A.
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
B.
The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return; and
C.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed; and/or
D.
The structure or property is in such condition as to be irreparably
damaged and as such poses a nuisance to the surrounding area and is
a “threat” to the health, safety and general welfare of
the community.
SECTION 8
ENFORCEMENT
All work performed pursuant to a Certificate of Appropriateness
issued under this ordinance shall conform to any requirements included
therein. It shall be the duty of the Building Inspection Department
to inspect periodically any such work to assure compliance. In the
event work is found that is not being performed in accordance with
the Certificate of Appropriateness, the Building Inspection Department
shall issue a stop work order and all work shall immediately cease.
No further work shall be undertaken on the project as long as a stop
work order is in effect. A Certificate of Appropriateness may be reinstated,
however, upon assurance that compliance will henceforth exist.
SECTION 9
ORDINARY MAINTENANCE
Nothing in this ordinance shall be construed to prevent the
ordinary maintenance and repair of any exterior architectural feature
of a landmark or property within a historic district which does not
involve a change in design or material. In-kind replacement or repair
is included in this definition of ordinary maintenance.
SECTION 10
DEMOLITION BY NEGLECT
No owner or person with an interest in real property designated
as a landmark or included within a historic district shall permit
the property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in judgment of the Commission, produce a detrimental effect upon the
character of the historic district as a whole or the life and character
of the property itself
Examples of such deterioration include:
A.
Deterioration of exterior walls or other vertical supports.
B.
Deterioration of roof or other horizontal members.
C.
Deterioration or crumbling of exterior chimneys.
D.
Deterioration or crumbling of exterior stucco or mortar.
E.
Ineffective waterproofing of exterior walls, roof, or foundations,
including broken windows or doors.
F.
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
SECTION 11
PENALTIES
Any person, firm or corporation violating any of the provisions
of this ordinance shall be punished by a penalty of fine not to exceed
the sum of TWO THOUSAND DOLLARS ($2000.00) for each offense and each
and every day such offense shall continue shall be deemed to constitute
a separate offense.
SECTION 12
NO VESTED INTEREST
That no developer or property owner shall acquire any vested
interest in this ordinance or specific regulations contained herein.
The Ordinance and regulations may be amended or repealed by the City
Council of the City of Saint Jo, Texas in the manner provided by law.
(Ordinance adopted 6/23/03)
The general public and the City Council are directed to take
note that nonconformities in the use and development of land and buildings
are to be avoided, or eliminated where now existing, wherever and
whenever possible, EXCEPT:
A.
When
necessary to preserve property rights established prior to the date
these regulations become effective as to the property in question,
and
B.
When
necessary to promote the general welfare and to protect the character
of the surrounding property.
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Except as hereinafter specified, any use, building, or structure
lawfully existing at the time of the enactment of this ordinance or
at the time of annexation into the City may be continued, even though
such use, building or structure may not conform with the provisions
of this Ordinance for the district in which it is located.
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A.
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Nonconforming Uses Continued or Changed: The right to continue such nonconforming uses shall be subject to
regulations prohibiting the creation of a nuisance and regulations
reasonably protecting adjacent property.
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B.
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Conditional Uses: Any use existing on
the effective date of this Ordinance which is listed as a conditional
use in the district where it is located shall be and shall remain
a nonconforming use until Conditional Use Permit is obtained as provided
in this Ordinance. If such use is discontinued or abandoned for more
than one hundred eighty (180) days during any three-year period, the
use shall meet the requirements of this Ordinance and shall obtain
a use permit before it is continued.
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C.
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Alteration of Nonconforming Uses:
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1.
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No existing building or premises devoted to a use that is not
permitted by this Ordinance in the district in which such building
or premises is located shall be enlarged or altered in a way which
increases its nonconformity, except when required to do so by law
or order, unless the use thereof is changed to a use that is permitted
in the district in which such building or premises is located, and
except as follows:
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2.
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If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification when authorized by the Board of Adjustment in accordance with the provisions of Article XIII, or to a conforming use.
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3.
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Whenever a nonconforming use has been changed to a conforming
use, such use shall not thereafter be changed to a nonconforming use.
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4.
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When authorized by the Board of Adjustments in accordance with the provisions of Article XIII, enlargement of [or] completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed 25% of its area of nonconformity.
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5.
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When authorized by the Board of Adjustments in accordance with the provisions of Article XIII, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date on which such use of said building become nonconforming, if no structural alterations except those required by law, are made therein.
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6.
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The provisions of this ordinance shall not apply to prevent
the extension of any building existing in any district at the time
of the adoption of this Ordinance, to the height to which the walls,
foundation and frame work of such existing building originally were
intended, designed and constructed to carry; provided, however, that
the actual construction of the extensions in height permitted by this
paragraph shall have been duly commenced within two (2) years from
the date of the adoption of this Ordinance.
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D.
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[1]Cessation of Use of Building or Land: For the purposes of the succeeding subsections, a use shall be deemed
to have ceased when it has been discontinued for six (6) months during
any three (3) year period whether with the intent to abandon said
use or not.
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1.
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No building which was originally designed for or used as a nonconforming
use shall again be put to a nonconforming use, where such use has
ceased for six (6) months or more during any three (3) year period.
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2.
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The use of land, structures, and/or buildings involving individual
structures with a replacement cost of $1,000 or less, which does not
conform to the provisions of this Ordinance shall be discontinued
within six (6) months from the enactment of this Ordinance. The nonconforming
use of land and/or buildings involving individual structures with
a replacement cost of $1,000 or less, which becomes nonconforming
by reason of subsequent amendments to this Ordinance shall be discontinued
within six (6) months from the date of such amendment.
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3.
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All lots used for storage that do not require a building and
the use of such lot is made nonconforming by this Ordinance or amendments
thereto shall cease to be used for such storage within six (6) months
of the date of adoption of this Ordinance or amendments.
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E.
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Construction Approved Prior to Ordinance: Nothing herein shall be construed to require any change in the overall
plans, construction, or designated use of any development, structure,
or part thereof, where official approval and the required building
permits were granted before the enactment of this Ordinance, or any
amendment thereto where construction thereof, conforming with such
plans, shall have been started prior to the effective date of this
Ordinance or such amendment, and where such construction shall have
been completed in a normal manner within the subsequent twelve (12)
month period, with no interruption, except for reasons beyond the
builder’s control.
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F.
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Unsafe Buildings, Repair of: Nothing
in this Ordinance shall be construed to prohibit the strengthening
or repair of any part of any building or structure declared safe by
proper authority, unless such repairs exceed fifty percent (50%) of
the replacement cost of the building.
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G.
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Damage or Destruction: Any nonconforming
structure which is damaged more than 75 percent of its then appraised
tax value above the foundation, by fire, flood, explosion, wind, earthquake,
war, riot or other calamity or act of God, shall not be restored or
reconstructed and used as it was before such happening. If such structure
is damaged less than 75 percent of its then appraised tax value above
the foundation, it may be restored, reconstructed, or used as before,
provided that such restoration or reconstruction is completed within
twelve (12) months of the damaging event, the twelve (12) month period
not including any necessary litigation.
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H.
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Repairs and Maintenance:
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1.
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On any nonconforming structure or portion of a structure containing
a nonconforming use, no work may be done in any period of twelve (12)
consecutive months on ordinary repairs, or on repair or replacement
of non-load bearing walls, fixture, wiring, or plumbing to an extent
exceeding ten percent (10%) of the current replacement cost of the
nonconforming structure or nonconforming portion of the structure
as the case may be.
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2.
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If fifty percent (50%) or more of a nonconforming structure
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs or maintenance, and is declared by a duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired, or rebuilt, except
in conformity with the regulations of the district in which it is
located.
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I.
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Moving of Nonconforming Structure or Building: No nonconforming building or structure shall be moved in whole or
in part to any other location on the lot, or on any other lot, unless
every portion of such building or structure is made to conform to
all the regulations of the district.
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J.
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Nonconforming Lot Sizes: Nothing in this Ordinance shall be
construed to prohibit the use of a lot that does not meet the minimum
lot area of the district it is located in, provided that the lot was
previously zoned for similar type uses, that the lot was a lot of
record prior to the adoption of this Ordinance, and that the lot has
not been rezoned to a different use since the adoption of this Ordinance.
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[1]
Original has this as Subsection C.
(Ordinance adopted 6/23/03)
