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HomeMy WebLinkAboutOrd1962-314 r- , ORDINANCE NO.. 314 ZONING ORDINANCE OF THE CITY OF SEWARD SECTION 1. TITLE A. This ordinance shall be known and may be cited as the ''Zoning Ordinance of the City of Seward". SECTION 2. USE DISTRICTS AND MAP A. The City of Seward is hereby divided into the following use districts: R-l One Family Residence District R-2 Two Family Residence District , R-3 Multi-family Residential District C-N Neighborhood Commercial District C-L Limited Commercial District C-G General Commercial District I Industrial District p Public Use District B.. The use districts are bounded and defined as shown on a map entitled. "Zoning Map of the City of Seward". a certified copy of which is on file in the office of the City Clerk and which. with all explanatory matter thereon. is hereby made a part of this ordinance. (SEE SECTION U HEREOF) SECTION 3. APPLICATION A. It shall be unlawful for any person to erect. construct. establish. alter. add to or enlarge; or to cause or permit to be erected. constructed. established. altered or enlarged; or to use. occupy or permit to be used or occupied. any land. building or premises for any purpose or in any manner contrary to the provisions of this ordinance as to uses permitted or excluded. building height limit or lot area. open spaces around or between buildings or building setbacks required in the particular use district in which such land. building or premises is located. SECTION 4. (R-l) LOW DENSITY RESIDENCE DISTRICT REGULATIONS A. U8.. Permitted 1. One-family dwellings. 2. Truck gardening. the raising of bush and tree crops. flower gardening and the use of greenhouses when incidental to the residential use of property and not for commercial purposes. -1- ! 3. Home occupations. 4. Accessory buildings and uses not used or operated for gain and not including guest houses or accessory living quarters. The parking of heavy equipment such as buses, tractors, graders or trucks shall not be considered as an accessory use. 5. Churches, provided that no part of any such building be located nearer than 20 feet to any adjoining lot or street line. 6. Required off-street parking (See SECTION 14.) B. Building Height Limit I. The maximum building height shall be one and one-half stories but shall not exceed 25 feet. C. Lot Area I. The minimum lot area for each one-family dwelling shall be 6000 square feet and the minimum lot width shall be 60 feet. D. Front Yard I. There shall be a front yard of not less than 25 feet. E. Si de Yard I. There shall be a side yard of not less than 10% of the width of the lot but such side yard need not exceed 20 feet. The minimum side yard on the street side of a corner lot shall be 10 feet. F. Rear Yard I. There shall be a rear yard of not less than 20% of the depth of the lot but such rear yard need not exceed 20 feet. SECTION 5. (R-2) MEDIUM DENSITY RESIDENCE DISTRICT REGULATIONS A. Uses Permitted I. Any use permitted in the R-I district. 2. Two-family dwellings. 3. Required off-street parking (See SECTION 14.) 4. Accessory buildings and uses as set forth in SECTION 4.A. B. Bui Iding Height Limi t I. The meximum building height shall be two stories but shall not exceed 30 feet. -2- -- C. Lot Area I. The minimum lot area shall be 6000 square feet and the minimum lot width shall be 60 feet. D. Front Yard I. There shall be a front yard of not less than 25 feet. E. Side Yard I. There shall be a Side yard of not less than 10% of the width of the lot but such side yard need not exceed 20 feet. The minimum side yard on the street side of a corner lot shall be 10 feet. 2. The following additional requirements shall apply to two-family dwell ings: a. In case the bui Iding is so located on the lot that the rear thereof abuts one side yard and front abuts the other, the side yard along the rear of the building shall have a minimum width of 10 feet and the si de yard a long the front of the bui Idi ng shall have a minimum width of 15 feet. F. Rear Yard I. There shall be a rear yard of not less than 2~/o of the depth of the lot but such yard need not exceed 20 feet. SECTION 6. (R-3) HIGH DENSITY RESIDENCE DISTRICT REGULATIONS A. Uses Permitted I. Any use permitted in the R-2 district. 2. Multiple-family dwellings. 3. Boarding house. 4. Required off-street parking (See SECTION 14.) 5. Accessory buildings and uses. B. Building Height Limit I. The meximum building height shall be two and one-half stories but shall not exceed 35 feet. C. Lot Area I. The minimum lot area shall be 6000 square feet and the minimum lot width shall be 60 feet. 2. The minimum lot area for dwellings shall be: a. For a one-family dwelling - 6000 square feet per dwelling unit. -3- b. For a two-family dwelling - ,000 square feet per dwelling unit. c. For a multiple-family dwel ling with three or four dwelling units - 2000 square feet per dwelling unit. d. For a multiple-family dwelling with five, six or seven dwelling units - 1500 square feet per dwelling unit. e. For a multiple-family dwelling with eight or more dwelling units - 1000 square feet per dwelling unit. D. Front Yard I. There shall be a front yard of not less than 20 feet. E. Side Yard I. There shall be a side yard of not less than 10% of the width of the lot but such side yard need not exceed 15 feet. The minimum side yard on the street side of a corner lot shall be 10 feet. 2. The following additional requirements shall apply to tWo-family and multiple-family dwellings: a. In case the building is so located on the lot that the rear thereof abuts one side yard and front abuts the other, the side yard along the rear of the building shall have a minimum width of 10 feet and the side yard along the front of the building shall have a minimum width of 15 feet. b. For multiple-family dwellings the minimum side yards required shall be increased one foot for each dwelling unit over four. F. Rear Yard I. There shall be a rear yard of not less than 20% of the depth of the lot but such yard need not exceed 20 feet. SECTION 7. (C-N) NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS A. Uses Permitted I. Any use permitted in the R-3 district. 2. Bakery shop, candy or ice cream store or delicatessen. ,. Bank. 4. Barber or beauty shop. 5. Business and bill paying service, stock broker, detective agency, real estate and insurance office, escrow and land title business. 6. Cafe or restaurant. 7. Clothing, dress, millinery, or shoe store. -4- r 8. Dentist, doctor, optometrist, and medical or dental clinic. 9. Drug store, dry goods, grocery, or meat market. 10. Dry cleaning agency or shoe repair shop. II. Florist, gift shop, music store, stationery or variety store, or hobby and model shop. 12. Hardware store. 13. Launderette (not more than 10 machines). 14. Nursery and Christmas tree sales. 15. Office building and professional offices. 16. Accessory buildings and uses customarily incidental to any of the above uses. 17. Required off-street parking (See SECTION 14). B. General Conditions I. The above specified stores, shops or businesses shal I be retail establishments selling new merchandise exclusively and shall be conducted wholly within an enclosed building. In no case shall any merchandise be displayed nor shall any business be conducted between the street line and any building line. C. Bui Iding Height Limit I. The aaximum building height shall be two stories, but shall not exceed 30 fee t. D. Lot Area I. Buildings hereafter erected and used wholly or partly for dwelling purposes shall comply with the lot area requirements of the R-3 district. E. Yards Required None except: I. Every building or portion thereof which is designed, intended or used for any purpose permitted in an "R" district or for any other resi- dential or dwelling purpose shall provide yards as required in the R-3 district, provided that when the ground floor of any such build- ing is used for any commercial purpose, no side yard shall be required except that there shall be a side yard along the side of every lot which is not bounded by an alley and which is bordering on property in any nRn district. -5- SECTION 8. (C-L) LIMITED ODf~RCIAL DISTRICT REGULATIONS A. Uses Permitted I. Any use permitted in the C-N district. 2. Automobile repairing (no body and fender work). 3. Bar. 4. ~ttery sales and service. 5. Boat and accessories sales and service. 6. Cocktail lounge. 7. Drive-in cafe or restaurant. 8. Ice vending machine. 9. Liquor store. 10. Motel or hotel. II. Outboard motor sales and service. 12. Propane or butane service. 13. Real estate office with incidental insurance business. 14. Service station. 15. Tire sales and service. 16. Trailer park. 17. Accessory buildings and uses incidental to any of the above uses. 18. Required off-street parking (See SECTION 14.) B. General Conditions I. The above specified businesses shall be permitted only under the following conditions: 8. Such businesses shall be conducted wholly within an enclosed building except for uses customarily considered open uses such as service stations and drive-in businesses. b. Plans for any drive-in type business, service station, trailer court or propane- or butane service station shall be approved by the Planning Commission prior to application for a building permit and shall show the following: (I) Location of all structures. (2) Area of plot. (3) Location and width of entrance, exits, driveways and curb cuts. -6- c. All exterior walls of a building hereafter erected, extended or structurally altered, which face a street or property located in an "R" district, shall be designed, treated and finished in a uniform and satisfactory manner approved by the Planning Commission. C. Building Height Limit I. The maximum building height shall be two stories but shall not exceed 30 feet. D. Lot Area I. Buildings hereafter erected and used wholly or partly for dwelling purposes shall comply with the lot area requirements of the R-3 districts. E. Yards Required None except: I. Every building or portion thereof which is designed, intended or used for any purpose permitted in an "R" district or for any other residential or dwelling purpose shall provide yards as required in the R-3 district; provided, that when the ground floor of any such building is used for any commercial purpose, no side yard shall be required except that there shall be a side yard along the side of every lot which is not bounded by an alley and which is bordering on property in any "R" district. SECTION 9. (C-G) GENERAL COMMERCIAL DISTRICT REGULATIONS A. Uses Permitted I. Any use permitted in the C-N district. 2. Home appliance, electrical equipment, instrument, medical appliance, office equipment, plumbing equipment, and store fixture sales, service and repair. 3. Automobile, motorcycle, motor scooter, boat, and bicycle~ales, parts and service. 4. Bar, cocktai I lounge, I iquor and beer sales. 5. Beauty or business college and studio or school of art, design, dancing, drama, modelling or photography. -7- . . . ',.... 6. Billiard hall, bowling alley or theatre. 7. Blue printing and photostating, engraving, photo developing, print shop, publishing, rubber stamp or sign painting business. 8. Book, camera, luggage, surplus or second hand store, toys or jewelry sales or stores, and pawnshop, pet shop or gunsmith. 9. Private club or fraternal, religious or philanthropic associations and un i on ha II . 10. Collection or employment agency, janitor service, taxi or vending machine business. II. Dental laboratory, funeral parlor, mattress repairing, taxidermy, or upholst~ring business. 12. Department store, furniture and household goods sales and repairing, glass and mirror sales or paint store. 13. Dry cleaning business or tailor shop. 14. Telegraph or telephone office or travel agency. 15. Service station. 16. Automobile and trailer sales not in building provided; a. That such area is located and developed as required in SECTION 14. b. That any area used for the incidental repair of automobiles or trai lers is IOa:lted not less than 50 feet from the front lot line nor less than 20 feet from any other street line, unless such incidental repair is conducted and confined wholly within a building. 17. Public garage including automobile repairing, painting or upholster- ing if all operations are conducted wholly within a completely enclosed building but not including as a general or primary use automobile body and fender repairing, provided, however, that where a public garage is located on a lot which does not abut an alley and is within 50 feet of a lot in an "R" district, the garage wall which parallels the nearest line to such district shall have no openings other than stationary windows. 18. Accessory bu.lldlngs and uses customari Iy incidental to any of the above uses. 19. Required off-street parking (See SECTION 14.) -8- r I I i i I B. General Conditions 1. All selling, dealing in or displaying of goods or merchandise by shops, stores or businesses sba11 be entirely conducted and located within a permanent building unless otherwise specifically excepted. 2. No stores or businesses sba1l involve any kind of manufacture, com- pounding, processing or treatment of products except that whicb is clearly incidental and essential to a retail store or business and provided tba.t: a. No more than five (5) persons are engaged in the manufacture, compounding, processing or treatment of products or servicing and repairing appliances, equipment, etc. b. Not more than 20%. of the ground floor area of any building shell be used for sucb purposes. c. Such operations or products are not objectionable due to odor, dust, smoke, noise, vibrations or other similar nuisances. 3. All exterior walls of buildings hereafter erected, extended or structurally altered which face a street or property in an ''R'' district shall be designed, treated and finished in a uniform and satisfactory manner approved by the Planning Commission. C. Bui1dinR Heiaht Limit 1. Tbe maximum building height shell be three stories or 50 feet; provided, however, that a building or structure hereafter erected, added to or otberwise constructed may be increased in height provided the gross cubical content of such building or structure does not exceed the sum total of the area of the lot upon which it is to be erected multiplied by 50. D. Lot Area 1. Buildings hereafter erected and used wholly or partly for dwelling purposes shall comply with the lot area requirements of the R-3 district, except that for multiple dwellings, the minimum lot area per dwelling unit m~y be reduced to 1000 square feet for a multiple dwelling with less than seven dwelling units and to 600 square feet for a multiple dwelling with seven or more units. -9- E. Yards Required None except: I. Every building or portion thereof which is designed, intended or used for any purpose permitted in an "R" district or for any other resi- dential or dwelling purpose shall provide yards as required in the R-3 district; provided that when the ground floor of any such build- ing is used for any commercial purpose, no side yard shall be re- quired except that there shall be a side yard along the side of every lot Which is not.bounded by an alley and which is bordering on property in any "R" district. SECTION 10. (I) INOUSTRIAL DISTRICT REGULATIONS A. Uses Permitted I. Any use, except a residential use, permitted in the C-G district. 2. Airplane repairing or reconditioning and automobile painting upholster- ing, rebuilding, reconditioning, motor ex~hange and body and fender work. 3. Assaying, cabinet shop, chemical laboratory, sash and door mill or assembly of music, candy and vending machines. 4. Auction business. 5. Battery manufacture, boat building, iron work (ornamental), machine shop, dye casting or electroplating. 6. Bottling plant, brewery, warehouse or wholesale business. 7. Petroleum products storage, service and distribution station or pa i nt storage. 8. Dry cleaning and dyeing plant, laundry, linen supply business and rug and ca rpe t cI ean i ng . 9. Cold storage lockers. 10. Egg candling and grading, feed,grain and hay sales and grain storage. II. Refrigeration maintenance and repair, steam cleaning and welding service and supplies. 12. Oi I well equipment and suppl ies. 13. Pipe and pole storage and radio or TV transmitter. 14. Tire retreading. 15. Tool equipment, truck and trailer rental business. -10- \ ' .-J 16. Assembly of electTi~l appliances, electronic instruments and devices, radio and phonographs, including the manufacture of small parts such as coils, condenseTs, transformers, crystal holdeTs snd the like. 17. The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, drugs, perfumes, perfumed toilet soap, toiletries and food products, excepting sauerkraut, vinegar, yeast, fish and meat products and the rendering or refining of fats and oils. 18. The manufacture of pottery, figurines, or other ceramic products. 19. Tbe manufacture and maintenance of electric and neon signs and light sheet metal products, including heating and ventilating ducts and equipment, drain pipes, eaves and the like. 20. The manufacture of music and scientific instruments, optical goods, cameras, jewelry. small auto accessories, toys, novelties and metal stamps. 21. Tbe follOwing uses are permitted only when conducted wholly within an area enclosed on all sides by a solid wall or painted wood fence not less than six feet in height: a. Automobile or machinery wrecking yard. b. Building material manufacture or sales yard. c. Cesspool pumping business. d. Concrete and concrete products manufacture. e. Coal yard. f. Contractor's equipment yard. g. Draying, freighting, transportation or trucking yard or terminal when such enterprises become unsightly or detrimental to adjacent properties, excepting where located south of Railroad Avenue and east of Seventh Avenue. h. House moving business. i. Lumber yard. j. Salvage or junk yard. k. Truck or road equipment maintenance. repair and storage. 22. Accessory buildings and uses customarily incidental to any of the above uses. 23. Required off-street parking and loading areas (See SECTION 14.) -11- r I I I I I I I I , I B. Building Height Limit I. The maximum building height shall be three stories or 50 feet. Additional height may be permitted as provided in the height regula- tions for the C-G district. C. Yards Required None except: I. When a lot or parcel of land in the "I" district is located partly in or abuts upon any "R" district or "C" district then such lot or parcel of land shall have a yard or yards as requi red in such "R" or "C" district. (p) PUBLIC USE DISTRICT REGULATIONS SECTION II. A. Uses Permitted I. Buildings, structures and the use of land for public purposes such as government offices and uses, schools, civic and cultural buildings, park and recreation areas and small craft harbor operation. B. Building Height Limit I. The maximum building height shall be three stories but shall not exceed 50 feet. C. Planning Commission Approval I. No building or structure shall be erected, altered or moved in the Public Use District unless the building and plat plans shall first be approved by the Planning Commission to insure that proper considera- tion has been given to architectural design, open space, landscaping, off-street parking, building arrangement and similar features so that such public structures conform to the Comprehensive Plan. SECTION 12. DEFINITIONS For the purpose of this ordinance, certain words and terms are defined as follows: Accessory Building A detached building, the use of which is appropriate, sub- ordinate and customarily incidental to that of the main building or to the main use of the land and which is looated on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall not less than four feet long or when any accessory building and the main building are connected by a breezeway which shall not be less than eight feet in width. -12- ,. Accessory Use A use customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot or parcel of land. Alley A public way designed and intended to provide only a secondary means of access to any property abutting thereon. Alteration Any change, addition or modification in the construction, location or use classification. Apartment House - See Dwelling, Multiple Area, Building The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. Automobile Wrecking The dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete or wrecked vehicles. Boarding House A building other than a hotel with not more than five sleeping rooms where lodging, with or without meals, is provided for compensation for three or more persons, but not exceeding 15 persons, on other than day-to-day basis and which is not open to transient guests. Building Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Building Existing A building erected prior to the adoption of this ordinance or one for which a legal building permit has been issued. Bui Iding Height The vertical distance from the "Grade" to the highest point of the coping of a flat roof to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. Building Official The officer charged with the administration and enforcement of this ordinance. Building, principal or main A building in which is conducted the principal or main use of the lot on which said building is situated. Coverage That percentage of the total lot area covered by the building area. Dwelling A building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family and multiple family dwellings, but not including any other building wherein human beings may be housed. Dwelling Unit One or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one family for living or sleeping pur- poses, and in Which not more than two persons are lodged for hire. -13- Dwelling, One-family Any detached building containing only one dwelling unit. Dwelling, Two-family Any building containing only two dwel ling units. Dwelling, Multiple Family Any building containing three or more dwelling units. Family Any number of individuals related by blood or marriage or an unrelated group of not more than five persons living together as a single housekeeping unit in a dwelling unit. Fence, Height The vertical distance between the ground, either natural or filled, directly under the fence and the highest point of the fence. Floor Area The total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. Frontage All the property fronting on one side of a street between Intersecting streets or between a street and right-of-way, end of street or city boundary. Garage, Private An accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. Garage, Public Any garage other than a private garage, avai lable to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, or adjusting or equipping of automobiles or other vehicles. Garage, storage Any building or portion thereof, other than a private garage, used for the storage of motor vehicles and the incidental service of vehicles stored therein. Grade (Ground Level) The average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five feet of a public sidewalk, the ground level shall be measured at the sidewalk. Guest Room Any room in a hotel, dormitory, boarding or lodging house used and maintained to provide sleeping accommodations for not more than two persons. Each 100 sq. ft. or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room. Home Occupation An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate and in connection therewith there is not involved the keeping of a stock In trade. The office of a physician, surgeon, dentist or other professional persons, lnclud- -14- t .~ ~ . ing an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be a Home Occupation; and the occupations of dressmaker, milliner, or seam- stress, each with not more than one paid assistant shall be deemed to be Home Occupations. Dancing instruction, band instrument instruction given to groups, tea rooms, tourist homes, beauty parlors, real estate offices, convalescent homes, mortuary establishments, and stores and trades or business of any kind not herein excepted shall not be deemed to be Home Occupations. Hotel Any building or group of buildings in which there are six or more guest rooms used, designed or intended to be used for the purpose of offering to the general public food or lodging, or both, on a day-to-day basis. Junk Yard Any space 160 sq. ft. or more of any lot or parcel of land used for the stomge, keeping or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition or abandon- ment of automobiles, other vehicles, machinery or any parts thereof. Loading Space An off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or material,s. Lot A parcel of land occupied or to be occupied by a use, building or unit group of building, and accessory buildings and uses, together with such yards, open spaces, lot widths and lot area as are required by this ordinance and having frontage on a public street. Lot , Corner A lot situated at the junction of, and bordering on, two inter- secting streets. Lot Line, Front - Corner Lot The shortest street line of a corner lot. Lot Line, Front - Interior Lot A line separating the lot from the street. Lot Line, Rear Line that is opposite and most distant from the front lot line, ; and in the case of irregular, triangular or gore shaped lot, a line not less than 10 feet in length, within a lot, parallel to and at the maximum distance from the front lot line. Lot Line, Side Any lot boundary line not a front lot line or a rear lot line. Lot Depth The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. -15- t Lot Width The mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. Motel A group of two or more detached or semi-detached buildings containing individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. Non-Conforming Building Any building or structure or any portion thereof, law- fully existing at the time this ordinance became effective, which was designed, erected or structurally altered for a use that does not conform to the use reg- ulations of the zone in which it is located, or a building or structure that does not conform to all the height and area regulations of the zone in which it is located. Non-Conforming Use Any use which lawfully occupied a building or land at the time this ordinance became effective and which does not conform to the use regulations of the zone in which it is located. Nursery, Childrens Any home or institution used and maintained to provide day care for more than four children not more than 7 years of age. Park.lng Space, Private Any automobile parking space not less than 10 feet wide and 20 feet long. Parking Space, Public An area of not less than 250 square feet inclusive of drives or aisles giving access thereto, accessible from streets and alleys or from private driveways leading to streets and alleys and being designed and arranged so as to be useable, practicable and safe for the storage of passenger motor vehicles operated by individual drivers. Person A natural person, his heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid. Service Station Any building, structure, premises or other space used primarily for the retei I sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries and other small accessories, and such other services which do not customarily or usually require the services of a qualified automotive mechan1c. When the retai I sale and dispensing of motor fuels, lubricants and accessories -16- r I I I I is incidental to the conduct of a public garage, the premises shall be classified as a publ ic garage. Sign Any words, letters, parts of letters, figures, numerals, phrases, sentences, em- blems, devices, trade names or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business or a commodity or product, which are visible from any public street or highway and used to attract attention. Street A public right-of-way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. Street Line The line of demarcation between a street and the lot or land abutting thereon. Structure That which is bui It or constructed, an edifice or building of any ~ind, or any piece of work artificially built up or composed of parts joined together in some def in i te manner. Trailer Camp, Park or Lot Any area or premises where space for two or more trailers - is rented, held out for rent or for which free occupancy or camping for such number is permitted to trailers or users for the purpose of securing their trade, herein re- ferred to as a trailer camp but not including automobile or trailer sales lots on which unoccupied house trailers are parked for inspection and sales. Trailer Any vehicle used or intended to be used as living or sleeping quarters for humans and which may be driven, towed, or propel led from one location to another with- out change in structure or design, whether or not the same be supported by wheels and including trai lers, trai ler coaches and house cars. Use The purpose for which land or a building is arranged, designed or intendee, or for which either land or a bui Iding is or may be occupied or maintained. Yard An open unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this ordinance, on the same lot which a building is situated. Yard, Front A yard extending across the full width of a lot measured between the front lot line of the lot or a future street width I ine as specified in SECTION 17. and the nearest exterior wal I of the bui Iding, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. Yard, Rea~ A yard extending across the ful I width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line. -17- I Yard, Side A yard five feet or more in width on each side of a main building and extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured hori- zontal Iy from the nearest point of a side lot line to the nearest part of the main bui Iding. SECTION 13. GENERAL PROVISIONS AND EXCEPTIONS A. Boundaries of Districts I. Where uncertainty exists as to the boundaries of any district shown on the map, the following rules shal I apply: a. Where district boundaries are indicated as approximately following or para I leI ing street I ines, alley' ines, lot or property lines, such lines shall be construed to be such boundaries. b. In unsubdivided property or where the district boundaries divide a lot, the location of such boundary, unless the same is indicated by specific dimensions, shall be determined by use of the scale appearing on the map. c. In case of any further uncertainty existing, the Planning Commission shall interpret the intent of the map as to the location of such boundaries. 2. Where any public street or al ley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shal I apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. 3. Any land included within the corporate boundaries of the city subsequent to the adoption of this ordinance sha! I be automatically classified in the "R_I" district until otherwise classified by amendment. B. Uses I. The express enumeration and authorization of a particular class of building, structure, premise or use in a designated district shall be deemed a prohibition of such building, structure, premises or use in all other districts unless otherwise specified. 2. Uses other than those specifically permitted in each of the districts may be permitted therein, provided that such uses are similar to those mentioned and are determined by the Planning Commission to be not more obnoxious or detrimental to the welfare of the community than the perm i tted uses. -18- 3. Uses other than those specifically excluded from each of the districts may be excluded therefrom, provided that such uses are determined by the Planning Commission to be not less obnoxious or detrimental to the welfare of the community than those uses specifically excluded. 4. The use of buildings and property publicly owned and engaged in the performance of a public function may be permitted in any district provided that such use is not, in the opinion of the Planning Commission obnoxious or detrimental to the welfare of the community. C. Height of Buildings I. The permitted height of buildings shall be exclusive of roof structures as defined in the Building Code of the city. 2. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts or similar structures and necessary mechanical appurtenances, may be erected above the height limits prescribed; but no penthouses, roof structure or any space above the permitted height limit of buildings shall be for the purpose of providing additional floor space. D. Lots and Lot Areas I. The requirements as to minimum lot area shall not be construed to prevent the use for a one-family dwel ling of any lot or parcel of land at least 45 feet in width, other than in the "I" district, in the event that such lot or parcel of land was, on the effective date of this ordinance, legally subdivided and separately owned, deeded by a deed of record, or subject to a recorded contract of sale in full force and effect. 2. No portion of any lot or parcel of land which has been designated or used as any part of a required open area or yard for a building shall be included as a portion or yard for another building if such inclusion wi II reduce the lot area or yard required for the original lot or parcel of land to less than the minimum lot area or dimension of yard required for the land use district in which such property is located. -19- 3. No lot or parcel of land held under separate ownership at the time this ordinance became effective shall be reduced in any manner below the required minimum lot area or width. 4. No lot area shall be so reduced, diminished or maintained that the yards or other open spaces or total lot area shall be smaller than prescribed nor shall the density of population be increased in any manner except in conformity with these regulations. 5. Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one main residential building and its accessory buildings on one lot, unless specifically provided otherwise. 6. No building permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion of its required width and located on that side thereof from which no dedication was secured, unless the yards provided on such lot include both that portion of the lot lying within the future street and the required yards. E. Yards I. Where yards are required they shall not be less in depth or width than the minimum dimensions specified in any part and they shall be at every point, open and unobstructed from the ground to the sky, except as follows: a. Outside stairways, fire escapes, porches or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance not to exceed three feet or into a required rear yard for a distance not to exceed four feet. b. Cornices,canopies, eaves or other similar architectural features not providing additional floor space within the building may extend into a required yard not to exceed two feet. c. One covered but unenclosed passenger landing or carport not more than one story in height may extend into either side yard, but such structure shall not be closer than three feet to an adjoining lot. d. A detached accessory building not exceeding 14 feet in height may be permitted to occupy a rear yard, provided that not more than one-third of the total area of such rear yard shall be so occupied. -20- 2. On any corner lot in any "R" district. there shall be no planting, structure, fence, shrubbery or other obstruction to vision more than three and one-half feet higher than the curb level within 25 feet of the intersection of the adjacent street lines, except that shade trees or other plants or vegetation of sufficient height to permit sight distances from one street to the other under the lowest branches or foliage may be permitted. 3. In any "R" district, no building shall be erected, reconstructed or altered nearer to the street line on which it faces than the average setback observed by 75% of the buildings on the same frontage. Where there are buildings on only one side of a street within the block, the setback line for the unoccupied side shall be the same as that estab- lished on the occupied side. F. Distance Between Bui Idi ngs I. No detached dwelling or other main building shall be less than 15 feet from any other detached dwelling or main building on the same building si te. G. Accessory Buildings I. No accessory building shall exceed one story or 14 feet in height. 2. No accessory building shall be erected. constructed or moved on any lot in any "R" district prior to the construction of the main bui Iding; except that this shall not be construed to prohibit the construction of an accessory building prior to the construction of a main building when a building permit has been issued for the concurrent construction of such buildings, or for an accessory building incidental to the use of the land. H. Fences and Walls I. Fences and walls not exceeding six feet in height may occupy any portion of a side or rear yard in any "R" district provided that where such fence or wall projects beyond the front yard line or setback line toward the front property line, the following further restrictions she I I app I y: a. Such fence or wall shall not exceed four feet in height, and shall be constructed so that not more than 50% of the vertical surface -21- thereof above a height of two feet is solid wal I. b. Planted hedges projecting beyond the front yard line shall not exceed the maximum heights permitted for fences or wal Is. c. No fence, wall or hedge shall be erected or maintained on the public property beyond the front property line of any lot or parcel of land, except masonry or concrete retaining wal Is, and then only to a height not to exceed six inches above the grade of the earth such wall is constructed to retain. A permit shall first be secured from the building official approving the necessity for and type of such retaining wall. SECTION 14. OFF~STREET PARKING AND LOADING AREA REGULATIONS A. Off-Street Parking I. There shal I be provided at the time of the construction of any main building or at the time of the alteration, enlargement or any change in use of any main building, permanently maJntained free off-street parking facilities for the use of occupants, employees or patrons of such bui Iding, and it shal I be the joint and several responsibi lity of the owner and/or occupant of any main bui Iding or structure to provide, and thereafter maintain, the fol lowing minimum free off- street parking faci lities: a. Owe I lings: (I) For each single family dwel ling, two family dwel ling or multiple family dwelling, one private parking space for each dwell ing unit. b. ~uildings Other Than Dwellings: (I) Motel or boarding house, one private parking space for each dwel ling unit or guest room. (2) Hotel, one private parking space for each dwelling unit and one public parking space for every three guest rOQms, (3) Church, general audl~orium, high schoo~ or co'leg~ a~dJtor- ium, stadium, theatre, meeting hall or eating and drinking establishment - one pUblic parking space for each five seats based on maximum seating capacity. (4) Dance hall, skating rink, exhibition hall, labor union hall, -22- or lodge hall - one public parking space for each 200 square feet of floor area. (5) Hospital - one public parking space for each four beds based on the maximum capacity. (6) Bank, office building, professional office, funeral parlor or clinic - one public parking space for each 250 square feet of floor area. (7) Business office (not generally patronized by public) - one parking place plus one additional public parking space for each three employees. (8) Retai I store or business - one public parking space for each 500 square feet of floor area, except that a retail store or business occupying a bui Iding which has less than 1,000 square feet of floor area need not provide such parking space. (9) Food market, grocery store or shopping center - one public parking space for each 125 square feet of floor area. (10) Launderette - one public parking space for each two machines. (II) Bowling alley - four public parking spaces for each alley or lane. (12) Trailer park - one private parking space for each trailer space. (13) Wholesale stores, warehouses and storage buildings - one public parking space for each three employees, but not less than two parking spaces. (14) Industrial and manufacturing establishments in which there are more than five employees and officers - one public park- ing space for each 400 square feet of gross floor area or for every three employees, whichever results in the maximum number of parking spaces. (15) Garage, Public - four parking spaces for each service stall or facility; provided, that all vehicles in the custody of the operator or the business for service, repair, storage, sale or other purposes shall be stored on the premises or on a separ- ate vehicle parking lot and shall not be parked on a public right-of-way. -23- B. General Conditions 1. Every lot or parcel of land used as a public parking area shall be devel- oped as follows, subject to the approval of the plans by the Planning Ccmmission: a. Such area shall be paved or otherwise adequately and satisfactorily surfaced and shall have appropriate bumper guards where needed. b. Where such area adjoins the side of a lot in an ''R" district, it shall be separated from such lot by a fence or hedge not less than four feet or more than six feet in height. Such fence or hedge shall be maintained in good condition and shall not extend beyond the front yard line required in such ''R'' district. c. Any lights provided to illuminate such parking area shall be so arranged as to reflect the light away from adjoining premises and streets. 2. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be the same as the above mentioned use 'Which in the opinion of the building official shall be deemed most similar. 3. In the case of mixed uses, the total requirement for off-street parking facilities shall be the sum of the requirements for the various uaes computed separately. Off-street parking facilities for one use shall not be considered as providing required facilities for any other use. 4. Any public or semi-public automobile parking or storage area used for or incidental to automobile or trailer sales, storage or service, any type of drive-in business or service or in connection with any use in any ''R", "C" or "I" district shall be paved or otherwise suitably, adequately or satisfactorily surfaced so as to be dustproof, and provided further that all such areas existing at the effective date of this ordinance shall comply with this requirement within one year. Provisions of this Ordinance shall not take effect until streets adjoining subject areas are treated. S. Any land or premises used for public or semi-public automobile parkiQg, storage, sales or service, public g1.l1:sge or any type of drive-in busi- ness or service or similar use where vehicles regularly and customarily require access to such premises from any publiC street or alley shall be so designed that entrance and exit drives, openings or approaches -24- I . for such vehicles will provide the safest and most desirable in- gress and egress with relation to vehicular and pedestrian traffic in the streets upon which such use abuts. Such entrance and exit openings and driveways shal I not exceed 32 feet in width, and in no case sha II any such "dr i ve- in" serv i ce be perm i tted to use the ent i re street frontage upon which such use abuts for entrance or exit facil- ities. 6. Detailed plans for driveways, openings or curb cuts shall be submitted to the ~Ianning Commission for approval with regard to the location and relation of same to the public street or highway. AI I such lands or premises devoted to the uses herein described, and existing at the effective date of this ordinance shal I comply with these requirements within one year. 7. All parking spaces provided pursuant to this section shall be on the same lot with the main use it serves or on an adjoining lot, except that the Planning Commission may permit parking spaces to be on any lot within 300 feet of the use if it determines that it is impractical to provide parking on the same Jot. 8. No existing parking area, and no parking area provided for the purpose of complying with the provisions of this ordinance, shall hereafter be rei inquished or reduced in any manner below the requirements herein establ ished. 9. Detqiled plans for al I parking and loading areas shall accompany the building plans when the application for building permit is made. Such plans shal I show the fol lowing: a. Area of the plot involved. b. layout and dimensions of each parking space. c. Entrance and exit to the parking area and the direction of traffic. d. Widths of all curb cuts, entrances, exits or driveways serving each parking or loading area. C. Loading Areas I. On the same lot or premises with every building, structure or part there- of erected and occupied for commercial, manufacturing or industrial use, or other uses simi larly inuolving the receipt of or distribution of -25- materials ~r merchandise by vehicles, there shall be provided and permanently maintained adequate space for standing of vehicles and loading and unloading services in such manner as not to obstruct the freedom of traffic movement upon publ ic streets or alleys. Such space shal I not be less than 15 feet wide by 25 feet long with 14 feet height clearance and shal I have access to an al ley or street. SECTION '5. SIGN REGULATIONS A. A permit shall be obtained from the building official prior to the installa- tion of any type of sign, name plate, advertising sign, or advertising structure excepti g those less than one square foot in area. B. No sign shall be permitted in any district except as follows: I . I n an "R" d i s tr i c t : a. One sign on a dwel ling unit not exceeding one square foot giving the name of the occupant and a home occupation. b. One sign not exceeding six square feet in area for the purpose of advertising the sale or lease of a bui Iding or premises. c. One sign not exceeding 20 square feet in area to identify multiple dwelling, hotels, clubs, lodges, public and semi-public institu- tions and similar uses. d. One sign not exceeding six square feet in area to identify non- conforming commercial uses. e. The above signs shall be mounted flat against the bui Iding or more than 25 feet from any lot line. 2. I n an "R" d i str i c t one announcement sign or bu II et inboard not exceed i ng 20 square feet for a church or public or charitable institution. Such sign shall be located at least five feet back from the front lot line and on the same lot as the principal building. 3. In an '~" district one sign not exceeding 100 square feet in area to advertise a tract development or housing project of at least two acres in area. Such sign must be located at least 30 feet from any street line and on the property being developed, and shall not be maintained for more than one year. 4. In the "C-N" district one sign not exceeding 50 square feet in area and in the "C-G", "c-P4" or "I" districts one sign not exceeding 100 square feet in area on anyone face of a building, provided: -26- a. That it shall be attached to a wal I of the building and parallel thereto. b. That it face the principal street or an adjoining parking area, except that on a corner bui Iding a sign may be placed on that portion of the street side wal I within 40 feet of the principal street. c. That in no case shal I any sign project above the roof line of a bu i I ding. d. That in the event of more than one business enterprise being housed in the same bui Iding, additional signs not exceeding 50 square feet in area may be permitted by the Planning Commission. 5. In the "C-~' district one sign not exceeding 100 square feet on the same lot with a main bui Iding or use, provided: a. That it shall be at least three feet and extend not more than 14 feet above the ground. b. That it shal I be 30 feet or more from any street or future width line. 6. No sign illuminated with flashing or intermittent lighting shall be per- mitted in an "R", "C_N" or "I" district. SECTION 16. EX I 5T ING USES A. Any otherwise lawful use of land, structure, building or premises existing at the time this ordinance became effective, but not conforming to the pro- visions hereof, may be continued, provided: I. That if such non-conforming use is discontinued for a period of over 90 days or is abandoned, the use of such land thereafter shall be subject to the provisions of this ordinance. 2. That no building used for such non-conforming use shal I be added to, structurally altered or enlarged in any manner, except as required by another ordinance of the city or by state law, or in order to bring the building and its use into full conformity with the provisions of this ordinance; nor shall anything be done that would influence the longevity or perpetuation of such non-conforming use or building beyond the normal or reasonable period of time that the same would exist under the cond itions prevailing at the effective date of this ordinance. -27- 3. That no non-conforming use occupying a conforming bui Iding or portion thereof, or occupying any land, shal I be enlarged or extended into any other portion of such bui Iding or land not actually so occupied at the effective date of this ordinance. B. Any building or portion thereof in existence prior to the effective date of this ordinance which is specifically designed or arranged to be lawfully occupied or used in a manner not conforming to the provisions of this ordin- ance, may thereafter be so occupied or used, subject to the limitations set forth above for existing non-conforming uses. The term "in existence" shall include, for the purposes of this section only, any building under actual construction at such date, provided that such building be completed within one year therefrom. C. No building which has been damaged or partially destroyed to the extent of more than 50% of its assessed value shall be repaired, moved or altered ex- cept in conformity with the provisions of this ordinance. D. The provisions of this section shall apply to uses which become non-conform- ing by reason of any amendment to this ordinance, as of the effective date of such amendment. E. Regardless of any other provision of this ordinance, any junk yard as defined herein, which, after the adoption of this ordinance exists as a non-conforming use, is hereby declared to be a public nuisance and shall be abated, removed or changed to a conforming use within 120 days there- after. SECTION 17. FUTURE STREET WIDTH LINES A. For the purpose of measuring yard dimensions and determining bui Iding loca- tions with respect to future street widths, minimum future width lines are hereby established for certain streets and highways based upon the Highway and Street Plan of the Comprehensive Plan. No bui Iding or structure, or portion thereof, shal I hereafter be erected, nor shal I any portion of a building extending into any front or street side yard be altered, nor shall any use of land be conducted, except the use of land for agricultural pur- poses or other open use not requiring a building or structure, so that the same wi II be closer to the right-of-way line of any street than any future width line. -28- B. Future width lines for the following streets and highways are hereby establish- ed and shall be determined by measuring one-half the prescribed distance from the centerline of such street: Street or Road Future Width "C" Street - east of Third Avenue 80 feet Sixtb Avenue - between liB" and "c" Streets 80 feet ''B" Street - south frOlD First Avenue in Bayview Tract 60 feet C. Future street width lines are hereby established for Railway Avenue and shall be detennined by measuring 80 feet frOlD tbe right-of-way line bordering the Alaska Railroad reserve. SECTION 18. APPROVAL BY PLAImING COMMISSION A. Whenever it is stated berein tbat certain building. structures and uses are permitted subject to approval by the Planning COIIIIIission. application for such approval shall be made in writing and accompanied by the required plans or data. B. The Planning COlIIIII1.ssion shall make its findings and determination within 40 days frOlD the date of filing an application and shall notify the applicant in writing of their decision. If approval is denied. the COIIIIdssion shall state their reasons therefor and under what conditions. if any. the applica- t10n will be approved. C. Failure of the Planning COIIIIII1.ssion to make a determination within tbe time specified shall constitute disapproval of the application. SECTION 19. BUIWlNG PERMITS A. A building permit shall be required for tbe erection. construction. establisb- meut, moving. alteration. enlargement. repair or conversion of any building or structure in any district established by this ordinance subject to the following provisions: 1. Provisions of the Building Code relating to the application for. fom of. and issuance of buiUing permits under such building code shall apply to tbe application for. form of and issuance of building permits under the provisions of this sectio~ 2. In all cases where the Planning COdIllrl.saion or the Board of Adjustment has allowed a variance or an exception the Building Official shell issue a building permit sufficient to allow such building or work to -29- be done in accordance with that decision; provided, that no permit shall be issued pursuant to any decision unti I the time for rehearing or for appeal shall have expired and then only in the event that no appeal or application for rehearing shall have been filed within such time. 3. No bui Iding permit shal I be issued by the Building Official unless it shall appear from the application and coincident application for certi- ficate of occupancy that the building for which such permit is granted shall conform to al I of the applicable regulations of this ordinance and is to be occupied for a use in conformity with the provisions thereof. Any permit issued in conflict with this ordinance shall be null and void. SECTION 20. CERTIFICATES OF OCCUPANCY A. A certificate of occupancy shall be required for any of the following: I. Occupancy and use of a building or structure erected or structurally altered. 2. Change in use of an existing bui Iding or structure to a use of a differ- ent classification. 3. Occupancy and use of vacant land. 4. Change in use of land to a use of a different classification. 5. Any change in the use of a non-conforming use. B. Written application for a certificate of occupancy for a new building or structure, or for an existing bui Iding or structure to be altered, shall be made at the same time as the application for the building permit. C. Written application for a certificate of occupancy for the use of vacant land, a change in the use of land, building or structure, or for a change in a non-conforming use, shall be made to the Building Official. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy therefor shall be issued within ten days after the application for same has been made. D. Such certificate shall describe the lot or parcel of land, the present and proposed use of land, bui Iding or structure; the number, size and location of any new bui Iding or structure; and alterations proposed to be made on any existing building or structure. -30- E. No vacant land in any district shall hereafter be occupied or used except as specified or for agricultural uses as permitted, and no building or structure hereafter erected or structurally altered in any district shall be occupied or used until a certificate of occupancy shal I have been issued. F. Falsification of a certificate of occupancy for a use of property or a building not in conformity with such certificate shall be deemed a violation of this ordinance as set forth in SECTION 21. SECTION 21. ENFORCEMENT AND PENALT1ES A. It shall be the duty of the Sui Iding Official to enforce the provisions of this ordinance pertaining to erection, construction, reconstruction, moving, conversion or alteration of bui Idings, or to the occupancy of land or any building or structure or any addition thereto. It shall be the duty of the City Clerk to enforce the provisions of this ordinance pertaining to the use of land or bui Iding for which any license is required by any other ordinance of the city. S. Whenever a violation occurs, any person may file a complaint in regard there- to. All such complaints shall be brought to the attention of the Sui Iding Official who shall properly record such complaint and immediately investigate and report thereon. C. For any and every violation of the provisions of this ordinance, the owner, agent, or contractor of a building or premise where such violations have been committed or shall exist; the owner, agent or contractor, lessee or tenant of any part of a bui Iding or premises in which such violation has been committed or shall exist; and the agent, contractor or any other per- son who commits, takes part or assists in such violations or who maintains any bui Iding or premises in which any violation shall exist, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars or imprisoned in the city jai I not to exceed thirty days, or both such fine or imprisonment. Each and every day that such violation continued shall be deemed a separate and distinct violation. D. Any building or structure set up, erected, bui It, moved or maintained or any use of property contrary to the provisions of this ordinance shal I be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney shall, upon order of the City Counci I, immediately commence -31- 'r I I I I I i i ~ action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court cr courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use, and restrain and enjoin any person from setting up, erecting, moving or main- taining any such building or structure, or using any property contrary to the provisions of this article. E. All remedies provided for herein shall be cumulative and not exclusive. F. The issuance or granting of a building permit or approval of plans or specifications under the authority of the Building Code shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this ordinance or any amendment thereto. No permit presuming to give authority to violate or cancel any of the provisions of this article shall be valid except infofar as the work or use which is authorized is lawful and permitted. SECTION 22. EXCEPTIONS, VARIANCES AND APPEALS FROM DECISION OF ANY ADMINISTRATIVE OFFICIAL A. The Planning Commission shall administer this ordinance and in so doing may grant exceptions for additional uses in the various districts as specifically provided; shall hear and decide appeals where it is alleged there is an error in ordinance interpretation; and may vary the strict application of these regulations in the case of an exceptionally irregular narrow, shallow or sloping lot or other exceptional physical condition where strict application would result in practical difficulty or unnecessary hardship that would deprive the property concerned of rights possessed by other properties in the same district, but in no other case. I. Exceptions a. An appl ication for an excepti'on shall be fi led in writing by the owner of the property concerned and may be issued for any of the followi ng: (I) Public utility or public service uses or public buildings in any district when found tc be necessary for the public health, safety, convenience or welfare. (2) Removal of minerals and natural materials, including building and construction materials, when incidental to a permitted -32- . A . use or improvement of the land, but not solely for commercial or industrial purposes. b. The Planning Commission shall cause to be made by its own members, or by its outhorized representative, an investigation to determine that such uses wi II not be injurious to publ ic health, safety or welfare or detrimental to other properties or uses in the vicinity, c. Wi thin 40 days after the receipt of an application, the Planning Commission shall render its decision. If it is the opinion of the Commission, after consideration of the report of such investiga- " tion, that the use as proposed in the application, or under appro- priate restrictions or conditions, wi II not endanger the public 'health, safety or general welfare, or be inconsistent with the general purposes and intent of this ordinance, the Commission shall approve the application either with or without conditions. If the proposed use wi II tend, in the opinion of the Commission, to endanger in any way the public health, safety or general welfare or produce results inconsistent with the general purposes and intent of this ordinance, the Commission shall deny the application. d. When deemed necessary, the Commission may hold a public hearing upon any application for an exception and if such public hearing is to be held, notice thereof shall be given in the manner prescrib- ed in paragraph C-2 of this section, except that such procedure shall specifically refer to an exception and further, that the area considered by the Commission to be affected by the intended use of land as described in such application may be extended in such application to a distance greater than 250 feet of the exterior bound- .ary of such land and the owners thereof notified of such hearing. B. Appeals from Interpretation of Ordinance I. An appeal from any action of the Building Official, or other administra- tive official in the enforcement of the regulations established by this ordinance may be taken by any person aggrieved or by any other officer, department, commission or board of the city. Such appeal shall be filed within ten days of such action by a notice in writing specifying the ground> thereof. 2. The fi I ing of an appeal shall stay all proceedings in the matter until -33- r , ten days after a decision has been rendered by the Planning Commission. 3. When an appeal has been filed. the building official or CTty Clerk shall forthwith transmit to the Planning Commission all data pertaining to the application or action appealed from. 4. The Commission shall render a decision on the appeal within forty days after the filing thereof. C. Variances I. An application for a variance shall be filed in writing and verified by the owner of the property concerned. a. The application shall contain the following data with respect to the property and the applicant: (I) A legal description of the property involved. (2) Plot plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or .alterations, and such other data as may be required. (3) Evidance of the ability and intention of the applicant to proceed in accordance with the plans within six months after the effective date of the variance. b. The application shall contain a statement and adequate evid4nce showing the following conditions. all four of which must exist before a variance may be granted: (I) That there are exceptional physical circumstances or condi- tions applicable to the property or to its intended use or development which do not apply generally to the other properties in the same land use district. (2) That the strict application of the provisions of this ordinance would result in practical difficulties or unnecess- ary hardship. (3) That the granting of the variance will not result in material damage or predjudice to other properties in the vicinity nor be detrimental to the public health. safety or welfare. (4) That the granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 2. The Planning Commission shall hold a public hearing upon each properly submitted application. Such hearing shall be held not less than tp.n -34- days nor later than 30 days fcllowing the date of fi ling of such appli- cation and the applicant shall be notified of the date of such hearing. The Commission shall cause to be sent to each owner of property within a distance of 250 feet of the exterior boundary of the lot or parcel of land described in such application notice of the time and place of the hearing, a description of the property involved and the provisions of this ordinance from which a variance is sought. For the purpose of this section, "property owner" shall mean that owner shown upon the latest tax assessment roll. 3. From the time of fi ling such applicaticn until the time of such hearing, the application, together with all plans and data submitted, shall be available for public inspection in the office of the City Clerk. 4. The Commission shall cause to be made by its own members, or its authorized agent, an investigation of facts bearing on any application sufficient to assure that the action taken is consistent with the intent and purpose of this ordinance. 5. The Planning Commission shall hear and consider evidence and facts from any person at the public hearing or written communication from any person relative to the matter. The right of any person to present evidence shall not be denied for the reason that any such person was not required to be informed of such public hearing. 6. Within 30 days from the conclusion of the public hearing, the Planning Commission shall render its decision unless such time limit be extended by common consent and agreement signed by both applicant and the Commission. If, in the opinion of the Commission, the necessary facts and conditions as set forth in this section apply in fact to the property referred to, and that the same comes within the purview of the Planning Commission, it may grant the variance. If, however, such facts and conditions do not prevai I nor apply, or if the granting of the variance will adversely affect the property of persons in the vicinity of the applicant's property, or for any other valid reason, the Commission shall deny the application. 7. The Commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building, or -35- structure, open spaces or parking areas; require conditions of opera- tion of any enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detriment to the city. When necessary, the Commission may require guarantees in such form as deemed proper under the circumstances to insure that the conditions designated wi II be complied with. 8. The decision of the Planning Commission, either for the granting, with or without conditions, or the denial of an application for variance, shall become final and effective ten days following such decision. 9. Any variance approved by the Planning Commission shall be conditional upon the privilege granted being utilized within six months after the effective date of the variance. In the event some construction work is involved, It must actually commence with the stated period and must be diligently prosecuted to completion, otherwise the variance is automatically voided. 10. In order to defray the expenses of making maps, sending out notices and incidental administration costs involved in any application for a variance, the person filing such application shall pay to the City Clerk a fee of Twenty Dollars. One copy of the receipt for such fee shall be attached to the application. Regardless of the action taken on the application, the required fee shall not be returned. D. Appeal from Actions of the Planning Commissi~ I. An appeal from any action or decision of the Planning Commission may be taken by any person or party aggrieved. Such appeal shall be taken within ten days of the date of such action or decision by fi ling with the Board of Adjustment through the City Clerk a written notice of appeal specifying the grounds thereof. 2. A report concerning each case appealed to the Board of Adjustment shall be prepared by the Planning Commission and filed with the City Clerk. Such report shall state the decision and recommendations of the Commission together with the reasons for each decision and recommenda- tion. All data pertaining to the case shall accompany the report. 3. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the Board of Adjustment. -36- t I I I I I SECTION 23. BOARD OF ADJUSTMENT A. Organization I. The City Council shall constitute a board of adjustment pursuant to Ti tIe 16, Chap. I, Sec. 35, par. Twenty-Fourth AClA 1949. 2. The chairman, or in his absence, the acting chairman, may administer oaths and compel attendance of witnesses by subpoena. 3. All meetings of the board shall be open to the public. B. Powers of the Board I. Appeals The Board of Adjustment shall hear and decide appeals taken from the Planning Commission when it is alleged there is error in any order, requirement, decision, or determination made by an administra- tive official in the enforcement of the regulations established by this ordinance. 2. Variances The Board of Adjustment may, upon appeal taken from the Planning Commission and after due notice and public hearing, authorize such variance from the terms of this ordinance as will not be contrary to the public interest where it is found that all four of the conditions set forth in SECTION 22-C exist. 3. Use Permit The Board of Adjustment may, upon appeal from the Planning Commission, grant a Use Permit whenever it is provided in this ordinance that the approval of the Planning Commission is required. 4. In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of Title 16-1-35, 24th AClA 1949, reverse or affirm, wholly or partly, or may modify the order, require- ment, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken; provided, however, that the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Planning Commission. C. Procedure of the Board of Adjustment in Appeals I. The Board of Adjustment shall fix a reasonable time for hearing on any appeal taken from the Planning Commission if a public hearing is required or desirable. -37- 2. The Board shall give public notice of such hearing by publishing notice thereof-in a newspaper of general circulation within the city at least five days nor not more than fifteen days prior to the date of hearing. The Board shall also mail notices to the appellant and to the owners of all property affected by any appeal at least five days prior to the date of the hearing if such notice by mail was given to the Planning Commission. For the purpose of such notice, the affected property shall be deemed to be that area within three hundred feet from the exteriorbounderyof the area covered by the appeal. Notices may be sent to cover a greater area if it is deemed that the appeal affects a grea ter area. 3. Upon the hearing, any party may appear in person or by agent or by attor- ney. 4. The Board of Adjustment shall decide appeals within a reasonable time and shall give due consideration to the findings and recommendations of the Planning Commission. o. Appeal to Superior Court I. An appeal from any action, decision, ruling, judgment or order of the Board of Adjustment may be taken by any person or persons, Jointly or severally aggrieved. any taxpayer or any officer, department, board or bureau of the city to the superior court by filing with the City Clerk and wi th the Board of Adjustment, within 30 days from the action appealed fnorn, a notice of appeal which shall specify the grounds of such appeal. Failure to file said notice of appeal in the manner and time specified shell forfeit any right to appeal. SECTION 24. FORCE OF CONDITIONS A. Any restriction or condition required by the Planning Commission or the Board of Adjustment in the granting of any use, variance or exception under the provisions of this ordinance must be compiled with. Violation of any condi- tion or requirement shall result In revocation of the permission granted. and further use of the property or maintenance of any building thereon shall constitute a violation of this ordinance and shall be punishable In the manner set forth in SECTION 21 of this Ordinance. -38- SECTION 25. AMh\E~DMENTS AND CHANGES A. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the City Council may, by ordinance and after report thereon by the Planning Commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and tffi boundaries of the districts. B. The Planning Commission shall report in writing to the City Council on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall include: I. Findings as to need and justification for a change or amendment. 2. Findings as to the effect a change or amendment would have on the objectives of the Comprehensive Plan. 3. Recommendations as to the approval or disapproval of the change or amendment. C. Changes in the ordinance may be initiated in the fol lowing manner: I. The City Council upon its own motion. 2. The Planning Commission upon its own motion. 3. By petition of one or more owners of property within any area proposed to be rezoned. a. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the office of the Planning Commission, be accompanied by such data and information as may be necessary to assure the fullest practicable presenta- tion of facts and shall set forth reasons and justification for proposing such change. D. When deemed necessary, the Planning Commission may hold a public hearing before considering any change in the boundaries of a district. If such hearing is to be held, notice thereof shall be given in the manner prescribed in SECTION 22-C, except that such procedure shall specifically refer to an application for change in the boundary of a district. Where property within an area proposed to be changed is not under the same ownership, all owners of property within the area shall be nofified of such hearing. Within 60 days after the date of the meeting at which the Planning Commission set the time and place for the hearing or within 60 days after the filing of -39- an application when no hearing is called, the Planning Commission shall repor tits find I ngs to the Ci ty Counc i I. I f such change was in i tia ted by petition, the signers shall be notified by the Commission of its recommenda- tion, such notice sent by registered mail not more than five days after the Commission has fi led the report with the City Council. E. When Planning Commlsion deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in an application for change in the boundary of a district, and may include such additional property in the notices of hearing and consider amendments relating to such property at the public hearing. F. The City Council shall consider an application or Planning Commission recommendation for change in the boundary of a district or any other Planning Commission recommendation proposing a change in this ordinance, and the report of the Planning Commission at its next regular meeting after receipt of such report. If, from the facts presented, and by the findings of the report of the Planning Commission, it is determined that the public necessity, convenience, general welfare or good-zoning practice requires the change or amendment, or any portion thereof, the Council by ordinance shall effect such amendment, supplement, change or reclassification. G. Any ordinance of the City Council affecting an amendment, supplement, change or classification, repeal of regulations or restrictions, the boundaries of districts or classifications of property shall be accomplished by first conducting a public hearing. At least 15 dayst notice of the time and place of such hearing shall be published in a paper of general circulation in the City of Seward. When the proposed amendment covers a change in the boundaries of a district, notice as to owners of property shall be given in the manner prescribed in SECTION 22-C. . H. In case of a protest against a change in zoning district classification signed by the owners of 20% or more, either of the area of the lots included in such proposed change, or of the area of the lots immediately abutting the area included in such proposed change, or separated therefrom only by an . alley or street, such amendment shall not become effective except by the favorable vote of five members of the Council. -40- I. All ordinances cbllliging zoning district boundaries shall be numbered consecu- tively. All such changes of district boundaries shall be filed with and indexed in the office of the City Clerk and shall be noted on the zoning map. J. Any application for change of land use classification initiated by a property owner shall be accompanied by a fee payable to the City Clerk which shall be in the sum of $20.00 for anyone lot plus $1.00 for each additional lot included within such petition. All costs of maps, publication and notice to property owner and other administrative expenses involved shall be covered by such fee. SECTION 26. SEVERABILITY A. In the event any portion, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 27. llOUNDARIES OF USE DISTRICTS A. Following are the boundaries of the use districts as set forth in Section 2-A of this Ordinance and as bounded and defined on a map entitled "Zoning Map of the City of Seward" hereinabove specifically referred to in Section 2-B of this Ordinance: R-1: All of Northern Light 1, 2 and 3; All of Lots 7 through 13 and 21 through 32 of Marathon Addition; All of that tract of land beginning at the Southwest corner of Marathon Addition, proceeding South on the North side of 1st Avenue for a distance of 260 feet (more or less), thence West to the Corporate Limits, thence North along the Corporate Limits for a distance of 260 feet (more or less), to a point at the intersection of the Corporate Limits and the South Line of Marathon Addition, thence East along the South Line of the Marathon Addition to the point of beginning, being a portion of the Brownell Homestead; All of Block 12, 13, 26, 27, 40, 39, 28 and the East % of Blocks 23, 30 and 37, and the West ~ of Blocks 22, 31 and 36, all in the original Townsite; All of Blocks 4, 5, 7, 14, 16, 17, 22 and 21, and the West % of Blocks 1, 3, 8, 13, LB, 19 and 20, and the East % of Block 2, all in Federal Addition; All of Blocks 3, 4, 11, 12 and 13, and the tleet % of Blocks 5 and 10, all in Laubner Addition; All of tbe property in the Cliff Addition; All of the property in the Bayview Addition; All of that tract of land begfnning at the Northeast corner of the West End of Van Buren St., thence North aloog the West Boundary of the Laubner Addition; thence North along the North Boundary of the Cliff Addition; thence North along the bo\mdary of the Bayview Addition to the Corporate Limit Line, thence East along the North Corporate Limit Line to the point where the Corporate Limit line turns South, thence South to a poiut directly West of the point of beginning, thence West a distance of 140 feet (more or less) to a point of begin- ning; All of a certain tract of land begfnnfl'lg at the Southwest Corner of the Intersection of 1st Avenue where it intersects the North BO\mdary Line of Cliff Addition. thence North along the West side of 1st Avenue to the Corporate Limits, thence West along the Corporate Limit Line for a distance of 668 feet (in front of the Jesse Lee Home), thence North a distance of 270 feet, thence West to the Corporate Limit Line. thence South to the intersection of the Corporate Limit Line and -41- . R-l: (continued from preceding page) Bear Drive, thence East along Bear Drive to its intersection with Resurrection Blvd., thence following the Resurrection Blvd., to a point in Leirer Lot 5 which is 100 feet (more or less) East of the Northwest corner of said Leirer Lot 5, thence South along the Corporate Limit Line to its intersection with the Lagoon, thence around the North side of the Lagoon to the point of beginning. R-2: All of Blocks 7, 18 and 32, and the West % of Blocks 6, 17. 22, 31 and 36 and 38. and the East % of Blocks 30, 37, 21 and 35, all in Original Townsite; All of the West % of Blocks 8, 13, and 10, and the East % of Block 12, All in Federal Addition; All of that tract of land beginning at intersection of the West side of Sixth Avenue and the South line of Federal Addition, thence North along the West side of Sixth Avenue to a point of inter- section with the South side of B Street, thence West 100 feet; thence South to the South boundary of Federal Addition, thence West to the point of beginning; All of Blocks 1 and 2, Clearvtew Addition. R-3: All of the East % of Blocks 23 and 9, the West % of Blocks 23, 7, 18 and 24, Lots 32 through 40 of Block 24, Lots 1 through 10 of Block 16, all in Original Townsite; the East % of Blocks 18 and 20. and the West \ of Block 19, Federal Addition; the West % of Blocks 6 and 8. and the East -\ of Blocks 5 and 9 of Laubner Addition; All of Lots 1 and 2 Marathon Addition. C-N: All of Tract A, U. S. Survey 241. C-L: All of the East \ of Block 10 and the West % of Block 9, Laubner Addition. P: All of the East % of Blocks 2, 11 and 14, the West lJ of Blocks 4 and 9. Lots 31 through 40 in Block 16, all of Blocks 3, 10 and 15, and Lots 21 through 31 of Block 24. all in Original Townsite; and all of the East lJ of Block 18, Federal Addition. 10 Original Townsite, All of Block 1. tha West % oj:_Block 2,/811 of the property beginning at a point where Q Avenue meets the Bear Mountain Diversion Tunnel. thence North along t3" Avenue to the South side of Railroad Avenue, thence along that side of Railroad Avenue to its intersection with 7th Avenue, thence North on 7th Avenue to its intersection with the South line of the Federal Addition, thence West to the alley line between 6th Avenue snd 7th Avenue. thence North to the South side of B Street, thence West on B Street to the alley line between 4th Avenue and 5th Avenue, thence North along the alley line to its intersection with the South limits of the City Dump Area, thence Southwest along said City Dump limits to the South limits of Laubnu Addition, thence West along said Laubner Addition South limit line to its intersection with Resurrection. thence South on the Seward shore line of Reaurrection Bay to point of beginning; the West . of Block 12. and all of Block 11, all in Federal Addition; the West % of Block 21 in Original Townsite. All of Lots 11 through 30, Block 16, snd all of Block 29. all in Original Townsite; All of Blocks 6, 9, and 13, all in Federal Addition; All of that tract of land beg1nn1ng at a point approximately 400 feet South of the intersection of the South side of Lowell Street and the Weat side of 1st Avenue, thence South along the West side of 1st Avenue for a distance of 400 feet to a point of beginning, thence West to the City Limit line, thence South along the City Limit line for a distance of approximately 400 feet, thence East to 1st Avenue, thence North for approximately S50 feet; that tract of land beginning at a point where the City Limit line intersects the North line of Marathon Addition, thence North along the City Limit line to its interser~ic~ C-G: I: -42- r P: (continued from preceding page) witb the South side of Van Buren Street, thence East along Van Buren Street to the West side of 1st Avenue, thence South on 1st Avenue to tbe Nortb line of Maratbon Addition, thence following tbe Northwest limits of Marathon Addition to a point of beginning; Lots 3, 4. 5, 6, 14. 15, 16. 17, 18. 19 and 20 in Marathon Addition; that tract of land beginning at a point where 3rd Avenue intersects tbe Nortb boundary of Laubner Addition, thence Northwest along said boundary of Laubner Addition to the East boundary of Cliff Addition, thence Nortb along tbe East boundary of Cliff Addition to tbe Northeast corner of said Addition. tbence East around the Lagoon to 3rd Avenue. tbence North on 3rd Avenue to a point wbere 3rd Avenue intersects the City Limit line, tbence Nortbeast along said City Limit line to its intersection with Resurrection Bay, tbence Soutb along the sbore of Resurrection Bay to a point where tbe North side of Van Buren Street (extended) intersects witb said Resurrection Bay line. tbence West along Van Buren Street to the West side of the Alley in Block 7, Laubner Addition. tbence North on said alley line to the Soutb boundary of tbe Laubner Addition, thence Northwest along said Laubner Addition boundary line to the point of beginning; that tract of land annexed by Court order No. S-8265 - 5/12/53. containing 11.3 Acres. containing Bayview School. InUAAAU.AAAl\ Publication of tbis Ordinance shall be by posting a copy bereof on tbe City Hall Bulletin Board for a period of ten (10) days follOwing its passage and approval. First reading: May 21. 1962 Second reading: June 4. 1962 PASSED AND APPROVED by tbe City Council of the City of Seward. Alaska, this 20th day of August, 1962. e~ a J~/L; erry R. Stockton Mayor Attest: aZ:~r(- ~Y/>h~ Beatrice E. Watts City Clerk-Treasurer Approved 8S to form; City Attorney -43- r - .,.. . //" / ".ltr-.." ~fMr .I ,,., ~~ " ~ >" .. "- ',' "' ....'~ .~..~ Ii: . , " '~ ' IN- "." I .. I' 'r' . T' ~-li~_ r ,/" L. , :"f:i,. "" .. :::';:' !", .~.,t:, .. Y.. .e' '"",,,. ~,;_ ~ .. ,1t . J. .4" ~ ...__~t-.. . i;5-- ~.~- _ ~~. ;;i~;~- ~"'"7 ~~i--4-' . 'l'r,-t".""iiI';' ~rf:~ 1, fI' ""\;j ;,. . ~''\T. +.~.. . r:): ~,J' 0 '~.~~ . IJ1~r,. . 4'1'i-1[....J;. . . ; #"t1f'i' '!-l '~~;7_l'~,:t .+.~.;~t_ .., "" ." ~ .....~ ";'.. ".." ._4~'~ .',l . .'. ,f I Ml' ,:: " ~ . ~ _~._ iw-' 'fA_.... iI J ",. -..' ~.... . 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'*I'" .$- ;.... ,., leI A C' '1 ~ \f/;; ", '~" .. , J.'ti: l, ~.,~~ ;~ ;~::. ------ .-,.---- :t 'f' ~~~ f '''t" I ~ se PIING CITY OF SEWARD ORDINANCE NO. 314 ZONING ORDINANCE ~ ACCESSORY BUIlDINGS l3-G Section Pa~e 21 AMENDMENTS and CHANGES City Council Planning Commission Property OWners 25 25-A 25-B 25-C ANNEXED AREAS - zoning l3-A-3 APPEALS - from Building Official City Clerk Planning Commission Board of Adjustment 22-B 22-B 22-D 23-D APPLICATION OF ORDINANCE 3 BOARD OF ADJUSTMENT Powers Appeals from 23 23-B 23-D BUILDING OFFICIAL Duties Appeals from 21-A 22-B BUILDING PERMITS - required 19 CERTIFICATE OF OCCUPANCY 20 CITY CLERK Duties Appeals from 2l-A 22-B COMMERCIAL DISTRICT REGULATIONS C-N Neighborhood Use C-L Limited Use C-G General Use 7 8 9 CONDITIONS, force of 24 DEFINITIONS 12 DISTRICTS, general 13-A DISTRICTS, regulations R-l One Family Residence District R-2 Two Family Residence District R-3 Multi-family Residential District C-N Neighborhood Commercial District C-L Limited Commercial District C-G General Commercial District I Industrial District P Public Use District 4 5 6 7 8 9 10 11 DISTRICTS, USE DISTRICT & ZONING MAP DISTRICTS, USE DISTRICTS BOUNDARIES R-l One Family Residence District R-2 Two Family Residence District R-3 Multi-family Residential District C-N Neighborhood Commercial District C-L Limited Commercial District C-G General Commercial District I Industrial District P Public Use District 2 27 27 27 27 27 27 27 27 ENFORCEMENT and PENALTIES Building Official and City Clerk 21 2l-A EXCEPTIONS, from Ordinance 22-A.l 39 39 39 39 18 33 33 36 38 1 37 37 38 31 33 29 30 31 33 4 6 7 38 12 18 1 2 3 4 6 7 10 12 1 41-42 42 42 42 42 42 42 42-43 31 31 32 ~ Sec t i on EXCEPTIONS, general 13 Page 18 FENCES and WALLS 13-H 13 13-G 13-A 13-F 13-H 13-C 13-0 13-B 13-E 13-C 21 GENERAL PROVISIONS and EXCEPTIONS Accessory Buildings Boundaries of Districts Buildings-distance between Fences and Walls Height of Buildings Lots and Lot Areas Uses Ya rds 18 21 18 21 21 19 19 18 20 HEIGHT OF BUILDINGS 19 INDUSTRIAL DISTRICT REGULATIONS 10 10 LOADINGS AREAS, vehicle 14-c 13-D 16 25 LOTS and LOT AREAS 19 NONCONFORMING USE - existing 27 PARKING REGULATIONS 14-B 14-B 14 24 24 PARKING, general conditions PARKING LOTS or AREAS 22 PLANNING COMMISSION Appea I from Approval Administration of Regulations 22-D 18 22-A 36 29 32 PUBLIC USE DISTRICT REGULATIONS " 12 PUBLIC HEARING, procedure 22-C-2 34 RESIDENCE DISTRICT REGULATIONS R-I One Family District R-2 Two Family District R-3 Multi-family District 4 5 6 STREET WIDTH LINE, future 25 15 17 I 2 3 39 26 REZONING, proce~ure SIGN REGULATIONS 28 USE DISTRICTS and ZONING MAP 2 USE, existing - nonconforming 16 27 USES, general 13-B 18 USE PERMIT 23-B-3 VAR lANCE 22-C 37 34 VIOLATIONS 21-B 31 VJALLS and FENCES 13-H 21 YARDS 13-E 20