HomeMy WebLinkAboutOrdinance No. 508
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Ordinance No, 508
CITY ZONING ORDINANCE
Laurels Montana
May 7, 1957
Table of Contents
Page No
ARTICLE I - OFFICIAL ZONING PROCLAMATION
Section 1 - Title 1
Section 2 Interpretation and Purpose 1
Section 3 - Validity of Provisions 1
ARTICLE II - ZONING DISTRICTS & BUILDING REGULATIONS
Section 1 - Designations 1
Section 2 - Zoning Districts 1
Section 3 - Zoning District Boundaries 12
Section 4 - Changes in District Regulations
and Boundaries 14
Section 5 - Non-Conforming Uses 15
Section 6 - Exceptions to Height Regulations 15
Section 7 - Exceptions to Area Requirements 16
Section $ - Definitions 16
ARTICLE III - ADMINISTRATION AND ENFORCEMENT
Section 1 - Administration 19
Section 2 - Enforcement 19
ARTICLE IV - BOARD OF ADJUSTMENT
Section 1 - Creation of Board 20
Section 2 - Appeal to Board 20
Section 3 - Powers and Duties 21
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ZONING ORDINANCE
City of Laurel
ARTICLE I
OFFICIAL ZONING PROCLAMATION
Section 1 - Title
This ordinance shall hereinafter be referred to as the "Zoning Ordi-
nance" for the City of Laurel.
Section 2 _ Inter retation and Purpose
In their interpretation and application, the provisions of this ordi-
nance shall be held to be the minimum requirements adopted for the promotion
of the public health, safety and welfare, to protect the publics The purpose
of this ordinance is to provide for a comprehensive plan of land use; to
create minimum standards in providing adequate light, pure air, safety from
fire or other hazards, ample parking facilities; and limiting concentration
of population.
Section - Validity of Provisions
If any section, paragraph, phrase or provision of this ordinance shall
be adjudged unconstitutional or invalid, all other parts, provisions, and
sections of this ordinance not expressly held to be unconstitutional shall
continue in full effect and force
Should any provision of this ordinance be in conflict with an existing
ordinance at the time of passage of the said "Zoning Ordinance", the provis-
ions of this ordinance shall prevail.
ARTICLE II
ZONING DISTRICTS AND BUILDING REGULATIONS
Section 1 - Designations
For the purpose of regulating, classifying and restricting the location
of trades, industries and enterprises; to limit the height, size and loca-
tion of buildings, the use of lot areas, and the density of the population,
the City of Laurel is hereby divided into seven (7) zoning distracts termed
respectively as follows:
11R-1" Residence District
11R-2" Residence District
"R-3" Residence District
"R-4" Residence District
"C-1" Commercial District
11C-2" Commercial District
r'I" Industrial District
No building shall be erected, altered, or used, and no premises shall be
used for any purpose except in conformity with all the regulations or
restrictions herein provided for the zoning district in which the building
or premises are located.
Section 2 - Zoning Districts
Section 2.1 - 11R-1" Residence District
In the "R-1" Residence District:
(a) Use: No building, structure or premises shall be used, and no
building or structure shall be erected, altered or maintained, unless other-
wise provided in this article, except for one or more of the following uses:
(1) One-family dwellings
(2) Churches
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(3) Libraries
(4) Schools and colleges
(5) Parks and playgrounds
(b) Any public fire station, telephone exchange where no public
business office and no repair or storage facilities are maintained,
or any necessary public utility building, provided that such building
be constructed to resemble appearance of a residential building,
(7) Accessory building incidental to the above uses and located
on the same lot (not involving the conduct of a business) including'
private garage, when located 70 feet from the front line of said lot,
and which shall provide for not more than four motor vehicles, of
which not more than one can be a commercial vehicle.
(b) Height: No building shall exceed 35 feet or three stories in
height,
(c) Lot Area: Every building hereafter erected, structurally altered
or maintained, shall provide a lot a:r°ea. of not less than eight thousand
four hundred (8400) square feet.
(d) Floor Area Ratio: The gross floor area ratio of the building
and structures including accessory buildings erected or altered shall not
exceed thirty-five per cent (35%) of the area of the lot.
(e) Yard Requirements:
(1) Front Yard: There shall be a front yard having a depth of
not less than twenty-five (25) feet, However, in blocks where resi-
dential buildings have been erected on 40% or more of the lots, the
front yard shall not exceed the average front yard line thus estab-
lished, provided that no front yard shall be less than 15 feet for
interior lots nor less than 20 feet for corner lots. Where buildings
front on a side street (or a street not parallel to the alley), the
front yard shall have a depth'of not less than ten (10) feet.
(2) Rear Yard: There shall be a rear yard of not less than
twenty (20) .feet, except that when a dwelling fronts on a side street,
the rear yard may be reduced to ten (10) feet.
(3) Side Yard: There shall be a side yard on each side of the
building having a width of not less than six (b) feet. The width,
however, shall be not less than one-third (1/3) of the height of the
building, and no building shall be placed nearer than ten t10) feet
from the line of an intersecting street or avenue.
In the case of corner lots where the building fronts an inter-
secting street or avenue there shall be a side yard not less than
the front yard required for the interior lots.
Where an accessory building such as a garage is located within
fifty (50) feet from the alley line and is not closer than twelve
(12) feet from any building used for residential purposes, it may be
placed within three (3) feet of the property line, or within two (2)
feet of the alley line.
(f) Off-Street Parking: Off-street parking spaces shall be provided
on the lot. Such parking space shall be surfaced with durable concrete or
bituminous pavement. Any required front or side yard shall not be included
in the parking area. Off-street parking space shall be as defined with
the following minimum space provided:
(1) One-family dwellings: One off-street parking space will
be required,
(2) Churches; One off-street parking space for each eight (8)
seats of the capacity of the pews,
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(3) Public or private schools and colleges: One parking space
for each two (2) employees, including teachers and administrators.
(4) Utility substation building: One off-street parking space
for each two (2) employees with a minimum of one (1) parking space
(5) Library or auditorium: One off-street parking space for
each eight (8) seats of capacity.
(g) Fence Regulations: No fence exceeding three (3) feet in height
shall be constructed in residential districts except in the rear or side
yard only, where the fence may be to six (6) feet high, but where the
fence exceeds three (3) feet, it shall not, extend within ten (10) feet of
the property line of an intersecting street. Where a fence exceeding three
(3) feet encloses the side yard and is within five (5) feet of an adjoining
property line, there shall be filed with the Building Inspector a signed
statement of approval by the property owner of the adjoining property.
Section 202 - "R-2" Residence District
In the nR-21; Residence District:
(a) Use: No building, structure or premises shall be used, and no
building or structure shall be erected, altered or maintained, unless other-
wise provided in this article, except for one or more of the following uses:
(1) One-family dwellings
(2) Two-family dwellings
(3) Churches and temples
Libraries
5) Schools and colleges
(6) Parks and playgrounds
(7) Any public fire station, telephone exchange where no public
business office and no repair or storage facilities are maintained,
or any necessary public utility building.
(8) Accessory building incidental to the above uses and located
on the same lot (not involving the conduct of a business) including
one private garage when located not less than seventy (70) feet from
the front line of said lot, and which shall provide for not more than
one motor vehicle for each fifteen hundred (1500) square feet of the
total area of the lot, and not more than one of which is a commercial
vehicle.
(9) Accessory uses customarily incidental to any of the above
when located on the same lot and not involving the conduct of a busi-
ness, and including home occupation engaged in by the occupants of
the dwelling not involving the conduct of a retail business, No name
plate, exceeding one (1) square foot in area shall be permitted in
this district. Exceptions: (1) Bulletin boards not exceeding twelve
(12) square feet in area on premises occupied by churches, librariestt
schools, colleges or playgrounds. (2) Signs not exceeding eight (81
square feet in area, pertaining to the lease, hire, or sale of the
building or premises,
Not more than one (1) accessory building having a floor area of
not to exceed thirty (30) square feet, which is used for housing
domestic animals, shall be permitted on one lot, except that a build-
ing of greater area or a greater number of buildings, devoted to such
use, may be permitted with the consent of the owners of seventy-five
per cent (75%) of the property within three hundred (300) feet of the
lot
(b) Height: No building shall exceed 35 feet or three stories in
height.
(c) Lot Area: Every one-family dwelling hereafter, erected, altered
or maintained, shall provide a lot area of not less than seven thousand
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(7000) square feet; the minimum lot area to be provided with the building
for any of the other uses, not to include public utility substations or
accessory buildings shall be not less than twelve thousand five hundred
(12,500) square feet.
(d) Floor Area Ratio: The gross floor area ratio of the building and
structures including accessory buildings erected or altered shall not exceed
thirty-five per cent (35%) of the area of the lot.
(e) Yard Requirements:
(1) Front Yard: There shall be a front -yard having a depth of
not less than twenty-five (25) feet. However, in blocks where resi-
dential buildings have been erected on 40% or more of the lots, the
front yard shall not exceed the average front yard line thus estab-
lished, provided that no front yard shall be less than 15 feet for
interior lots nor less than twenty (20) feet for corner lots, Where
buildings front on a side street (or a street not parallel to the
alley), the front yard shall have a depth of not less than ten (10)
feet.
(2) Rear Yard: There shall be a rear yard of not less than
twenty (20) feet, except that when a dwelling fronts'on a side street
the rear yard may be reduced to ten (10) feet,
(3) Side Yard: There shall be a side yard on each side of the
building having a width of not less than six (6) feet. The width,
however, shall be not less than one-third (1/3) of the hei ht of the
building, and no building shall be placed nearer than ten 10) feet
from the line of an intersecting street or avenue.
In the case of corner lots where the building fronts an inter-
secting street or avenue there shall be a side yard not less than the
front yard required for the interior lots.
Where an accessory building such as a garage is located within
fifty (50) feet from the alley line and is not closer than twelve (12)
feet from any building used for residential purposes, it may be placed
within three (3) feet of the property line, or within two (2) feet of
the alley line
(f) Off-Street Parking: Off-street parking spaces shall be provided
on the lot. Such parking space shall be surfaced with durable concrete or
bituminous pavement. Any required front or side yard shall not be included
in the parking area. Off-street parking space shall be defined with the
following minimum space provided:
(1) One or two family dwellings: One off-street parking space
for each family.
(2) Churches: One off-street parking space for each eight ($)
seats of the capacity of the pews.
(3) Public or private schools and colleges: One parking space
for each two (2) employees, including teachers and administrators.
(4) Utility substation building: One off-street parking space
for each two (2) employees with a minimum of one (1) parking spaces
(5) Library or auditorium: One off-street parking space for
each eight (8) seats of capacity.
(g) Fence Regulations: No fence exceeding three (3) feet in height
shall be constructed in residential districts except in the rear or side
yard only, where the fence may be to six (6) feet high, but where the fence
exceeds 3 feet, it shall not extend within ten (10) feet of the property
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line of an intersecting street. Where a fence exceeding 3 feet encloses
the side yard and is within five (5) feet of an adjoining property line,
there shall be filed with the Building Inspector a signed statement of
approval by the property owner of the adjoining property.
Section 20 - "R-311 Residence District
In the "R-3" Residence District:
(a) Use: No building, structure or premises shall be used, and no
building or structure shall be erected, altered or maintained, unless
otherwise provided in this article, except for one or more of the follow-
ing uses:
(1) Any use permitted in the "R-2" Residence District.
(2) Multiple dwellings
(3) Boarding and lodging houses
(4) Accessory building incidental to the above uses and located
on the same lot (not involving the conduct of a business) including
one private garage when located not less than seventy (70) feet from
the front line of said lot, and which shall provide for not more than
one motor vehicle for each fifteen hundred (1500) square feet of the
total area of the lot, and not more than one of which is a commercial
vehicle.
(5) Accessory uses customarily incidental to any of the above
when located on the same lot and not involving the conduct of a busi-
ness, and including home occupation engaged in by the occupants of the
dwelling not involving the conduct of a retail business. No name plate,
exceeding one (1) square foot in area shall be permitted in this dis-
tricto Exceptions: (1) Bulletin boards not exceeding twelve (12)
square feet in area on premises occupied by churches, libraries,
schools, colleges or playgrounds. (2) Signs not exceeding eight (8)
square feet in area, pertaining to the lease, hire, or sale of the
building or premises
(b) Height: No building shall exceed 35 feet or three stories in
height.
(c) Lot Area: Every one-family dwelling hereafter erected, altered
or maintained, shall provide a lot area of not less than six thousand
(6000) square feet; the minimum lot area to be provided with the building
for any of the other uses, not to include public utility substations or
accessory buildings shall be not less than twelve thousand five hundred
(12,500) square feet.
(d) Floor Area Ratio: The gross floor area ratio of the building
and structures including accessory buildings erected or altered shall not
exceed forty per cent (40%) of the area of the lot.
(e) Yard Requirements:
(1) Front Yard: There shall be a front yard having a depth
of not less than twenty-five (25) feet. However, in blocks where
residential buildings have been erected on 40% or more of the lots,
the front yard shall not exceed the average front yard line thus
established, provided that no front yard shall be less than 15 feet
for interior lots nor less than twenty (20) feet for corner lots..
Where buildings front on a side street (or a street not parallel to
the alley), the front yard shall have a depth of not less than ten
(10) feet.
(2) Rear Yard: There shall be a rear yard of not less than
twenty (20) feet, except that when a dwelling fronts on a side street
the rear yard may be reduced to ten (10) feet.
(3) Side Yard: There shall be a side yard on each side of the
building having a width of not less than six (6) feet. The width,
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however, shall be not less than one-third (1/3) of the height of the
building, and no building shall be placed nearer than ten (10) feet
from the line of an intersecting street or avenue.
In the case of corner lots where the building fronts an inter-
secting street or avenue there shall be a side yard not less than the
front yard required for the interior lots.
Where an accessory building such as a garage is located within
fifty (50) feet from the alley line and is not closer than twelve
(12) feet from any building used for residential purposes, it may
be placed within three (3) feet of the property line, or within two
(2) feet of the alley line,
(f) Off-Street Parking: Off-street parking space shall be provided
on the lot. Such parking space shall be surfaced with durable concrete or
bituminous pavement. Any required front or side yard shall not be included
in the parking area. Off-street parking space shall be as defined with
the following minimum space provided:
(1) One-family, two-family, or multiple family units: One off-
street parking space for each family up to a multiple family dwelling
of four (4) family units. For every three dwelling units that a mul-
tiple unit exceeds four (4) dwellings units, two (2) parking spaces
shall be provided.
(2) Boarding and Lodging Houses: In addition to the parking
space required for the dwelling units, one parking space for every
four (4) persons for which boarding or lodging facilities are pro-
vided,
(3) Churches: One off-.street parking space for each eight (8)
seats of the capacity of the pews.
(4) Public or private schools and colleges,. One parking space
for each two (2) employees, including teachers and administrators.
(5) Utility substation building: One off-street parking space
for each two (2) employees with a minimum of one (1) parking spaces
(6) Library or auditorium: One off-street parking space for
each eight (8) seats of capacity.
(g) Fence Regulations: No fence exceeding three (3) feet in height
shall be constructed in residential districts except in the rear or side
yard only, where the fence may be to six (6) feet high, but where the fence
exceeds 3 feet, it shall not extend within ten (10) feet of the property
line of an intersecting street. Where a fence exceeding 3 feet encloses
the side yard and is within five (5) feet of an. adjoining property line,
there shall be filed with the Building Inspector a signed statement of
approval by the property owner of the adjoining property,
Section 2e - "R-LIT Residence District
In the "R-4" Residence District:
(a) Use: No building, structure or premises shall be used, and no
building or structure shall be erected, altered or maintained, unless
otherwise provided in this article, except for one or more of the follow-
ing uses:
(1) Any use permitted in the 11R-3" Residence District
(2) Hotels
(3) Private Clubs
(4) Bath Houses
(5) Hospitals and Clinics
(6) Greenhouses
(7) Institutions of a philanthropic nature
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(8) Nurseries
(9) Undertaking Parlors
(10) Nursing Homes
(11) Accessory building incidental to the above uses and located
on the same lot (not involving the conduct of a business) including
one private garage when located not less than seventy (70) feet from
the front line of said lot, and which shall provide for not more than
one motor vehicle for each fifteen hundred (1500) square feet of the
total area of the lot, and not more than one of which is a commercial
vehicle.
(12) A falling station (retail only) may be established or
erected in this District, if when the permit is issued, there is on
file with the Building Inspector, the written consent of the owners
of not less than seventy-five (75) per, cent of all the property owners
within a distance of two hundred feet of the lot upon which the pro-
posed establishment is to be erected; provided, that the real estate
occupied by a filling station within the two hundred (200) feet dis-
tance shall not count either for or against such consent. Also, fur-
ther, that no signs other than face signs not exceeding twenty (20)
square feet in area shall be permitted, and no sign shall be of the
flashing type. Filling stations so erected in a "H-41" residential
district shall be constructed to conform with the regulations set
forth for Fire Zone No. 2 in the City Building Codes, provided,
however, that such buildings shall conform to the yard area required
for "R-4" residential buildings.
(b) Height. No wood frame building shall exceed thirty-five (35)
feet or three (3) stories in height.
(c) Lot Area: Every one-family dwelling hereafter erected, altered
or.maintained, shall provide a lot area of not less than five thousand
(5000) square feet; the minimum lot area to be provided with the building
for any of the other uses, not to include public utility substations or
accessory buildings shall be not less than twelve thousand five hundred
(12,500) square feet,,
(d) Floor Area Ratio. The gross floor area ratio of the building
and structures including accessory buildings erected or altered shall not
exceed fifty per cent (50%) of the area of the lot,,
(e) Yard Requirements:
(1) Front Yard-. There shall be a front yard having a depth of
not less than twenty-five (25) feet. However, in blocks where resi-
dential buildings have been erected on 40% or more of the lots, the
front yard shall not exceed the average front yard line thus estab-
lished, provided that no front yard shall be less than 15 feet for
interior lots nor less than twenty (20) feet for corner lots. Where
buildings front on a side street (or a street not parallel to the
alley), the front yard shall have a depth of not less than ten (10)
feet.
(2) Rear Yard: There shall be a rear yard of not less than
twenty (20) feet, except that when a dwelling fronts on a side
street the rear yard may be reduced to ten (10) feet.
(3) Side Yard: There shall be a side yard on each side of
the building having a width of not less than six (6) feet. The
width, however, shall be not less than one-third (1/3) of the
height of the building, and no building shall be placed nearer than
ten (10) feet from the line of an intersecting street or avenue.
In the case of corner lots where the building fronts an inter-
secting street or avenue there shall be a side yard not less than
the front yard required for the interior lots.
Where an accessory building such as a garage is located within
fifty (50) feet from the alley line and is not closer than twelve
(12) feet from any building used for residential purposes, it may
be placed within three (3) feet of the property line, or within
two (2) feet of the alley line,
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(f) Off-Street Parking: Off-street parking spaces for hotels, hos-
pitals.-and clinics, or nursing homes shall be provided on the lot or with-
in 300 feet of the lot. Off-street parking spaces for any other use shall
be provided on the lot. Such parking space shall be surfaced with durable
concrete or bituminous pavement. Any required front or side yard shall
not be included in the parking area. Off-street parking space shall be as
defined with the following minimum space provided:
(1) For any use permitted in the "R-3" residence district,
off-street parking space shall be provided as required in the "R-3"
residence district.
(2) Hotels, hospitals and nursing homes: one off-street park-
ing space for every four persons for which facilities are provided,
(3) Any other use: One off-street parking space for every
three (3) employees.
(g) Fence Regulations: No fence exceeding three (3) feet in height
shall be constructed in residential districts except in the rear or side
yard only, where the fence may be to six (6) feet high, but where the fence
exceeds 3 feet, it shall not extend within ten (10) feet of the property
line of an intersecting street. Where a fence exceeding 3 feet encloses
the side yard and is within five (5)' feet of an adjoining property line,
there shall be filed with the Building Inspector a signed statement of
approval by the property owner of the adjoining property.
Section 2, - "C-1" Commercial District
In the "C-l" Commercial District:
(a) Use: No building, structure or premises shall be used, and no
building or structure shall be erected, altered or maintained, unless other-
wise provided in this article, except for one or more of the following uses:
(1) Any use permitted in the "R-4" Residence District
(2) Business and professional offices
(3) Retail stores and trades
(4) Amusement where wholly within the building
(5) Assembly halls
(6) Automobile storage or parking
(7) Bakery under 3000 square feet in floor area
(8) Bank
(9) Barber and Beauty Shop
(10) Billboard, if fire resistive
(11) Ga$oline Service Stations (Retail)
(12) Library
(13) Printing and bookbinding
(14) Radio and Television Broadcasting Station
(15) Restaurant
(16) Shoe shining parlor and repair
(17) Theater
(1$) School for profit
(19) Real Estate and Insurance Office
(20) Radio and television repair shop
(b) Height: No restriction as to height of buildings.
(c) Lot Area: Every building hereafter erected, altered or main-
tained for residential purposes shall provide a lot area of not less than
5,000 square feet.
(d) Floor Area Ratio: No restrictions.
(e) Yard Requirements:
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(1) Front Yard: No front yard in this district shall be re-
quired for commercial buildings, but for residential buildings the
front yard regulations for "R-4" Residence Districts shall govern,
(2) Rear Yard: No rear yard in this district shall be required
for commercial buildings, but for residential buildings the rear yard
regulations for "R-4" Residence Districts shall govern.
'(3) Side Yard: No side yard in this district shall be required
for commercial buildings, but for residential buildings, the side
yard regulations for "R-4" Residence District shall govern.
(f) Off-Street Parking: Off°-street parking spaces for hotels,
hospitals and clinics, or nursing homes shall be provided on the lot
or within 300 feet of the lots Off-street parking spaces for any other
use shall be provided on the lot. Such parking space shall be surfaced
with durable concrete or bituminous pavement. Any required front or side
yard shall not be included in the parking area. Off-street parking space
shall be as defined with the following minimum space provided:
(1) For any use permitted in the "R-411 residence district,
off-street parking space shall be provided as required in the "R-4"
residence district,
(2) Any other use: One off-street parking space for every
three (3) employees.
(g) Fence Regulations: No fence exceeding three (3) feet in height
shall be constructed in residential districts except in.the rear or side
yard only, where the fence may be to six (6) feet high, but where the
fence exceeds 3 feet, it shall not extend within ten (10) feet of the
property line of an intersecting street. Where a fence exceeding 3 feet
encloses the side yard and is within five (5) feet of an adjoining property
line, there shall be filed with the Building Inspector a signed statement
of approval by the property owner of the adjoining property.
Section 2,6 - "C-2" Commercial District
In the "C-2" Commercial District:
(a) Use: No building, structure or premises shall be used, and no
building or structure shall be erected, altered or maintained, unless
otherwise provided in this article, except for one or more of the follow-
ing useso
(1) Any use permitted in the "Cpl" Commercial District
(2) Wholesale business
(3) Automobile repair garage
(4) Bakery
(5) Dry cleaning plants using non-hazardous solvents
(6) Food products except such uses as are involved in handling
live animals or fowl to the finished product,
(7) Feed store
(8) Ice plants or ice storage for less than 5 tons
(9) Laundry
(10) Machine shop for small tools provided that power used is
less than 10 H.P.
(11) General sheetmetal working
(12) Automobile tourist courts or motels
(13) Light manufacturing in connection with uses herein per-
mitted, provided that not more than 25% of the total floor space
of a building or structure in this district is so used
(14) Off-street storage or parking of equipment essential to
the above use.
(15) Used car sales lot
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(16) No business, trade or industry shall be permitted in any
of the "C-2" Commercial Districts which is noxious or offensive by
reasons of the emission of odor, dust, smoke, gas, vibration or
noise, or which imposes any extraordinary hazard to life or property.
(b) Height- No restriction as to height of buildings.
(c) Lot Area: Every building hereafter erected, altered or main-
tained for residential purposes shall provide a lot area of not less than
5,000 square feet.
(d) Floor Area Ratio: No restrictions,,
(e) Yard Requirements:
(1) Front Yard- No front yard in this district shall be re-
quired for commercial buildings, but for residential buildings the
front yard regulations for "Rm4" Residence Districts shall governs
(2) Rear Yard- No rear yard in this district shall be required
for commercial buildings, but for residential buildings the rear yard
regulations for "R-4" Residence Districts shall govern.
(3) Side Yard: No side yard in this district shall be required
for commercial buildings, but for residential buildings, the side
yard regulations for "R-4" Residence District shall govern,,
(f) Off-Street Parking: Off-street parking spaces for hotels, hospit-
als.and clinics, or nursing homes shall be provided on the lot or within
300 feet of the lot. Off-street parking spaces for any other use shall be
provided on the lot. Such parking space shall be surfaced with durable
concrete or bituminous pavement. Any required front or side yard shall not
be included in the parking area,, Off-street parking space shall be as
defined with the following minimum space provided:
(1) For any use permitted in the "Rm4" residence district,
off-street parking space shall be provided as required in the "R-4"
residence district.
(2) Any other use- One off-street parking space for every
three (3) employees,
(g) Fence Regulations- No fence exceeding three (3) feet in height
shall be constructed in residential districts except in the rear or side
yard only, where the fence may be to six (6) feet highs but where the
fence exceeds 3 feet, it shall not extend within ten (10) feet of the
property line of an intersecting street. Where a fence exceeding 3 feet
encloses the side yard and is within five (5) feet of an adjoining property
line, there shall be filed with the Building Inspector a signed statement
of approval by the property owner of the adjoining property.
Section 2.7 - "I" Industrial District
In the "I" Industrial District:
(a) Use- All buildings and premises except as otherwise provided in
this article may be used for any use permitted in "C-2" Commercial Districts
or for any other use EXCEPT the following:
(1) Abattoirs
(2) Acetylene gas manufacture
(3) Acid manufacture
(4) Ammonia, bleaching powder of chlorine manufacture
(5) Arsenal
(6) Asphalt manufacture, or refining, or paving mixture plants
(7) Boiler works
(8) Blast furnaces
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(9) Brick, Tile or Terra Cotta manufacture
(10) Candle manufacture
(11) Celluloid manufacture
(12) Coke ovens
(13) Crematory
(14) Creosote treatment or manufacture
(15) Disinfectants manufacture
(16) Distillation of bones, coal or wood
(17) Dyestuff manufacture
(18) Exterminator and insect poison manufacture
(19) Emery cloth and sand paper manufacture
(20) Fat rendering
(21) Fertilizer manufacture
(22) Forage plant
(23) Gas manufacture (illuminating or heating)
(24) Glue, size or gelatine manufacture
(25) Gun powder manufacture or storage
(26) Fireworks manufacture or storage
(27) Incinerator or reduction of garbage, dead animals or
refuse where conducted as a business for pay or profit
(28) Iron, steel, brass or copper mills
(29) Lamp black manufacture
(3.0) Mills, alfalfa
(31) Oil cloth or linoleum manufacture
(32) Preparation or treatment of oiled, rubber or leather
goods in their raw state
(33) Ore reduction
(34) Paint, oil, shellac, turpentine or varnish manufacture
(35) Paper and pulp manufacture
(36) Petroleum refining
(37) Plating works
(38) Potash plants
(39) Printing ink manufacture
(40) Pryolin manufacture
(41) Railroad roundhouse
(42) Rock or gravel crusher and screening plant
(43) Rubber or gutta percha manufacture or treatment
(44) Saltworks
(45) Sauerkraut manufacture
?46) Sausage manufacture
47) Shoe polish manufacture
(48) Smelters
(49) Soap manufacture
(50) Soda and compound manufacture
(51) Stockyards
(52) Storage or bailing of scrap paper, iron, bottles, rags or
junk as a business
(53) Stove polish manufacture
(54) Sugar manufacture
(55) Tallow, grease or lard rendering
(56) Tanning of raw hides, leather or skins
(57) Tar distillation or manufacture
(58) Wool pulling or scouring
(59) Yeast plant
(60) Veterinary hospital, including cat and dog hospital
(61) In general, those uses which have been declared a nuisance
in any court of record, or which may be noxious or offensive
by reason of the emission of odor, dust, smoke, gas or noise;
provided, however, that nothing herein shall be construed
to prohibit the erection or maintenance of an industrial
use permitted by this section which shall have not more than
twenty-five per cent (25%) of the floor area devoted to a
prohibited use which is clearly and customarily incidental
to the primary use,
(b) Height: No restriction as to height of buildings.
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(c) Lot Area: Every building hereafter erected, altered or main-
tained for residential purposes shall provide a lot area of not less than
5,000 square feet.
(d) Floor Area Ratio: No restrictions.
(e) Yard 'Requirements.
(1) Front Yard: No front yard in this district shall be required
for commercial buildings, but for residential buildings the front yard
regulations for "R-411 Residence District shall govern.
(2) Rear Yard: No rear yard in this district shall be required
for commercial.buildings, but for residential buildings the rear yard
regulations for "R-411 Residence Districts shall govern,
(3) Side Yard. No side yard in thin district shall be required
for commercial buildings, but for residential buildings, the side
yard regulations for 11R-4" Residence District shall govern.
(f) Off-Street Parking. Off-street parking spaces for hotels, hos-
pitals and clinics, or nursing homes shall be provided on the lot or
within 300 feet of the lot. Off-street parking spaces for any other use
shall be provided on the lot. Such parking space shall be surfaced with
durable concrete or bituminous pavement. Any required front or side yard
shall not be included in the parking area. Off-street parking space shall
be as defined with the following minimum space provided.
(1) For any use permitted in the "R-4" residence district,
off-street parking space shall be provided as required in the "R-4"
residence district.
(2) Any other use: One off-street parking space for every
three (3) employees.
(g) Fence Regulations: No fence exceeding three (3) feet in height
shall be constructed in residential districts except in the rear or side
yard only, where the fence may be to six (6) feet high, but where the
fence exceeds 3 feet, it shall not extend within ten (10) feet of the
property line of an intersecting street. Where a fence exceeding 3 feet
encloses the side yard and is within five (5) feet of an adjoining property
line, there shall be filed with the Building Inspector a signed statement
of approval by the property owner of the adjoining property.
Section. - Zoning District Bound ries
Section 3,l - Boundaries of "Rml'?„Residence District
The boundary of the "R®1" Residence District shall be indicated on
the official zoning map for the City of Laurel on display at the office
of the City Building Inspector and being particularly described as follows-
Beginning at the intersection of Fifth Avenue and Seventh Street, thence
north along the center line of Fifth Avenue to the center line of Mountain
View Lane, thence northeasterly along the center line of Mountain View I,,ane,
to the center line of First Avenue, thence north along the center line of
First Avenue to the north boundary of Magnus First Subdivision, thence
east along the north line of said subdivision to the center line of Montana
Avenue, thence south along the center line of Montana Avenue to the south
boundary of Magnus First Subdivision, thence west along the south boundary
of said subdivision to the center line of First Avenue, thence south along
the center line of First Avenue to the center line of Seventh Street, thence
east along the center line of Seventh Street projected to the center line of
Wyoming Avenue, thence north along the center line of Wyoming Avenue to
the center line of Eighth Street, thence west along the center line of
Eighth Street to the center line of Colorado Avenue, thence north along the
center line of Colorado Avenue to the center line of Maryland Lane, thence
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east along the center line of Maryland Lane to the center line of Washing-
ton Avenue, thence south along the center line of Washington Avenue to the
center line of Seventh Street, thence west along the center line of Seventh
Street to the point of beginning.
Section 3.2 - Boundaries of "R-2" Residence District
The boundary of the "R-2" Residence District shall be indicated on
the official zoning map for the City of Laurel on display at the office of
the City Building Inspector and being particularly described as follows:
Beginning at the intersection of Eighth Avenue and First Street, thence
north along the center line of Eighth Avenue to the center line of Fourth
Street, thence west along the center line of Fourth Street to the west
boundary of the West School subdivision, thence north along the west boun-
dary of said subdivision to the center line of Sixth Street, thence east
along the center line of Sixth Street to the center line of Eighth Avenue,
thence north along the center line of Eighth Avenue to the center line of
Seventh Street, thence east along the center line of Seventh Street pro-
jected to the center line of Alder Avenue, thence south along the center
line of Alder Avenue to the center line of First Street, thence southwester-
ly along the center line of First Street to the center line of Third Street,
thence west along the center line of Third Street to the center line of
Second Avenue, thence south along the center line of Second Avenue to the
center line of Second Street, thence west along the center line of Second
Street to the center line of Third Avenue, thence south along the center
line of Third Avenue to the center line of First Street, thence southwester-
ly along-the center line of First Street to Fourth Avenue, thence continuing
west along the center of First Street to the point of beginning,
Section 3.3 - Boundaries of the "R-3" Residence District
The boundaries of the "R-3" Residence Districts shall be indicated on
the official zoning map for the City of Laurel on display at the office of
the City Building Inspector and being particularly described as follows*.
Beginning at the intersection of Alder Avenue and Seventh Street, thence
east along the center line of Seventh Street to the center line of Locust
Avenue, thence south along the center line of Locust Avenue to the center
lane of Main Street, thence southwesterly along the center line of Main
Street to the center line of Birch Avenue, thence north along the center
line of Birch Avenue to the center line of Fourth Street, thence west along
the center line of Fourth Street to the center line of Alder Avenue, thence
north along the center line of Alder Avenue to the point of beginning.
Also beginning at the intersection of South Sixth Street Extended and
the center line of the CB & Q Railway Company, thence west along the center
line of South Sixth Street to the east line of Eighth Avenue projected
(said line also being the west line of Section 16, T2S2 R24E), thence north
along the east line of Eighth Avenue projected to the center line of Rail-
road Street, thence northeasterly along the center line of Railroad Street
to the center line of the CB & Q Railway Company right-of--way at Woodland
Avenue, thence southeasterly along the center line of the said railway
company right-of-way to the point of beginning.
Section - Boundaries of the "R-411 Residence District
The boundary of the "R-4" Residence District shall be indicated on
the official zoning map for the City of Laurel on display at the Office
of the City Building Inspector.
Section 3.5--- Boundaries of the "C-1" Commercial District
The boundary of the "C-l" Commercial District shall be indicated on
the official zoning map for the City of Laurel on display at the office of
the City Building Inspector and being particularly described as followsa
Beginning at the intersection of Fifth Avenue and Main Street, thence north
along the center line of Fifth Avenue to the center line of First Street,
thence east along the center line of First Street to Fourth Avenue, thence
continuing northeasterly along the center line of First Street to the cen-
ter line of Third Avenue, thence north along the center line of Third Avenue
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to the center line of Second Street, thence east along the center line of
Second Street to the center line of Second Avenue, thence north along the
center line of Second Avenue to the center line of Third Street, thence
east along the center lane of Third Street to the center line of First
Street, thence northeasterly along the center line of First Street to the
center line of Idaho Avenue, thence southeasterly along the center line of
Idaho Avenue to the center line of Main-Street, thence southwesterly al-ong
the center line of Main Street, and continuing west along the center line
of Main Street to the point of beginning.
Section 3.6_ _ Boundaries of the "C-211 Commercial District
The boundary of the "C-211 Commercial District shall be indicated on
the official zoning map for the City of Laurel on display at the office of
the City Building Inspector and being particularly described as follows:
Beginning at the intersection of Eighth Avenue and First Street, thence
east along the center line of First Street to the center line of Fifth
Avenue, thence south along the center line of Fifth Avenue to the center
lane of Main Street, thence east along the center line of Main Street and
continuing northeasterly along the center line of Main Street to the center
line of Idaho Avenue, thence northwesterly along the center line of Idaho
Avenue to the center line of First Street, thence northeasterly along the
center line of First Street to the center line of Alder Avenue, thence south
along the center line of Alder Avenue to the center line of Fourth Street,
thence east along the center line of Fourth Street to the center line of
Birch Avenue, thence south along the center line of Birch Avenue to the
center line of Main Street, thence southwesterly along the center line of
Main Street to the center line of Alder Avenue, thence south along the
center line of Alder Avenue projected to the center line of the main track
of the Northern Pacific Railway Company's right-of-way, thence southwester-
ly along the center line of the said railway company's right-of-way to the
center line of Eighth Avenue projected, thence north along the center line
of Eighth Avenue to the point of beginning,
Section 3.7 - Boundaries of the "I" Industrial District
The boundary of the "I" Industrial District shall be indicated on the
official. zoning map for the City of Laurel on display at the office of the
City Building Inspector and being particularly described as follows: Begin,
ning at the intersection of the center line of Eighth Avenue projected and
the center line of the main track of the Northern Pacific Railway Company
right-of-way, thence northeasterly along the center line of said railway
company's right-of-way to the center line of Alder Avenue projected, thence
south along the center line of Alder Avenue projected (said line also being
the east line of Sec. 9, T2S, R24E) to the center line of Railroad Street
(said point also being the SE corner of Sec. 9, T2S, R24E), thence west
along the center lane of Railroad Street to the center line of Colorado
Avenue, thence south along the center line of Colorado Avenue to the center
line of Fourth Street South, thence west along the center line of Fourth
Street South to the center line of First Avenue, thence south along the
center line of First Avenue to the center line of the CB & Q Railway Com-
pany's right-of-way, thence northwesterly along the center line of said
railway company's right-of-way to the center line of Railroad Street,
thence southwesterly along the center line of Railroad Street to the center
line of Eighth Avenue projected, thence north along the center line of
Eighth Avenue projected to the point of beginnings
Section 4 - Changes in District Re ulations and Boundaries
The Board of Adjustment shall of its own motion, or upon instruction
from the City Council, or upon receiving a properly executed petition from
affected property owners, make a comprehensive study of proposed changes
in regulations or district boundary lines. A properly executed petition
from affected property owners shall be defined as: "A petition requesting
particular change or changes duly signed by the owners of thirty-five per
cent (35%) or more of the area of the lots included within the proposed
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change, or of the lots immediately adjacent in the rear thereof, extend-
ing 150 feet therefrom, or, of the lots directly opposite thereto, extend-
ing 150 feet from the street frontage of such opposite lots, shall be
presented to the City Council'", The Board of Adjustment shall file.a re-
port of their findings within thirty (30) days after the proposal has been
referred to them. The City Council shall, thereupon, cause notice to be
published twice in the official newspaper of the city, of the time and
place set for the hearing.upon such report. The first publication of
such notice shall be made not less than fifteen days before the date of
such hearing. At such hearing, the City Council shall hear all persons
and all objections and recommendations relative to such proposed change,
and, thereupon, action shall be taken upon such petition by said City
Council, and such action shall be final and conclusive as to all matters
and things involved in said petition; provided, however, in case of a
protest against such change signed by the owners of twenty per cent (20%)
or more either of the area of the lots included in such proposed change,
or of those immediately adjacent in the rear thereof extending one hundred
and fifty feet therefrom, or of those directly opposite thereof extending
one hundred and fifty feet from the street frontage of such opposite lots,
such amendment shall not become effective except by the favorable vote of
three-fourths of all the members of the City Council.
When such proposed amendment has been rejected by the City Council
neither it nor one involving only the same property shall be offered for
adoption within one year after such rejection.
Section 5 - Non-Conforming Uses
Section o_1 m Continuation
The nonconforming use of land, building, or structure may continue
providing the non-conforming use lawfully existed at the time of adoption
of this ordinance. All non-conformers as to use are not contemplated by
any of the provisions of this ordinance to have such rights in perpetuity.
Nonconforming use is permitted to continue until some complete change in
the premises is planned by the owner, thereby bringing about an ultimate
conformance of the land, building, or structure so as to be harmonious
with the permitted uses of the zone in which the premises are located.
Section 502 - Maintenance
Any land, building or structure of non-conforming use may be main-
tained or repaired, provided such repair or maintenance does not consti-
tute an expansion or enlargement.
Section 5.2-- Enlargement or Change of Use
Any nonconforming use, land, building or structure shall not be
expanded or enlarged in any manner. The nonconforming use may be changed
only to comply with the regulations of the district within which the
premises are located.
Section 504 ® Discontinuation of Use
If a nonconforming use is discontinued for a period of one year or
if the non-conforming use, building or structure is damaged more than
fifty per cent (50%) of its valuation (as determined by the Building Inspec-
tor) by wind, fire, earthquake, explosion, flood, or other unforeseen
natural. or artificial cause, such nonconforming use shall be discontinued.
A permit for occupancy will not be granted until the building has been
adapted, rebuilt or revised to conform with the standards and regulations
of the zone in which it is located.
Section 6 - Exceptions to Height Regulations
Section 601 - Ordinary Exceptions
This article shall not be deemed to limit or restrict the height of
belfries, chimneys, clock towers, cooling towers, elevators, bulkheads,
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grain elevators, pent houses, stacks, water towers, ornamental towers,
wireless towers or any similar appurtenances to buildings, but these struc-
tures shall be subject to such restrictions and regulations as may be
imposed by other ordinances.
Section 602 - Restricted Exceptions
Churches, public or semipublic buildings, hospitals, schools, colleges
and private clubs may exceed the height restrictions of the district in
which they are constructed, provided such structures shall have side yards
on both sides, complying with the area regulations of the district, and in
addition, the side yards shall be increased one foot in width for each five
feet that the height of the building exceeds the height regulations of the
district.
Section - Exceptions to Area Requirements
Section 7.1 - Conditional Exceptions
Where churches, schools, libraries, colleges or public utility build-
ings are located in 11R-l", ,tR-2", or "R-311 Residence Districts and have no
portion used as a place of habitation, the depth of the rear yard may be
reduced to six (6) feet.
Section 702 - Ordinary Projections
Every part of a required yard shall be open from its lowest point to
the sky unobstructed, except for the ordinary projection of sills, belt
courses, cornices and ornamental features; ordinary projections of chim-
neys and flues, bay or breast windows not over fifteen (15) feet long and
projecting not more than eighteen (18) inches, may be permitted by the
Building Inspector where the same.are so placed as not to obstruct the
light or ventilation; provided that open or lattice-enclosed fire escapes,
fireproof outside stairways and balconies opening into fire towers, pro-
ject into a yard not more than five (5) feet.
Section 8 - Definitions
Definitions. That, for the purpose of this ordinance, certain terms
and words are hereby defined as follows:
Words used in the present tense include the future; words in the
singular number include the plural; words in the plural include the singu-
lar; the word "building" includes the word "structure"; the word "person"
includes a corporation or other organization; the term "used" includes
the terms "arranged" or "intended to be used", or "designed't; and the
word "shall" is mandatory and not directory.
Accessory Use or Buildin : An accessory use or building is a use or
building customarily incidental to, and accessory to the principal and
ordinary use of a building, or premise, located on the same premises with
such principal use or building.
Apartment Housed See "Multiple Dwelling",
Automobile Storage: The storage of new and used cars which are cap-
able of immediate operation under their own power.
Automobile Tourist Court: A group of three (3) or more units used
either for sleeping or housekeeping purposes, other than apartment courts,
bungalow courts, hotels, lodging houses, for temporary use of motorists
and travelers. The term automobile tourist court shall also include
"Automobile Cottage Camp", "Tourist Camp", "Motel", or any other name
which pertains to such use,
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Boarding House: A building, other than a hotel or club, where meals
are regularly served for compensation to more than six persons not members
of the family there residing.
Building: A structure having a roof supported by walls, and when
separated by a party wall without openings, it shall be deemed a separate
building.
Community Garage: A series of private garages of capacity of not
more than one automobile each, located jointly on a common lot, and having
no public shop or service in connection therewith.
Dwelling, One-Family: A detached building designed for, or occupied
exclusively by one family.
Dwelling, Two-Family: A detached, or semi-detached building designed
for, or occupied exclusively by, two families living independently of each
other.
Dwelling, Multiple: A building, or portion thereof designed for, or
occupied as the home of three or more families living independently of
each other, including tenement houses, apartment houses, apartment hotels.
District: A section of the City of Laurel for which the regulations
governing the area height and use of buildings and premises are the same.
Family: One or more persons living, sleeping, and usually cooking
and eating on the premises, as a single housekeeping units
Filling Stations: A filling station is a building and appurtenances
located on a lbt where gasoline and oil and other liquids used in the opera-
tion of motor vehicles are retailed and usually delivered directly into such
vehicles.
Front Lot Line: The line separating the lot from the street, as
officially platted out on the City Map.
Front Yard: An open space extending across the front of the lot from
the front line of the building proper to the street line, and occupied
only by uncovered steps and open porches.
Hardships Hardship is a condition immediately brought upon a property
owner by a zone change, and not personal hardship growing out of the owner°s
infirmities or financial standing.
Height of Buildin : The vertical distance from the ground in front
of the building to the highest point of the coping of a flat roof; to the
deck line of a mansard roof; to the junction of the wall and eaves of a
building with a gable or hip roof.
Home Occupation: A minor use of a home where there is no sign or
display that will indicate from the exterior that the building is being
used in whole or in part for any other purpose than that of a dwelling;
in connection with which there is kept no stock in trade or commodity
sold upon the premises; and in which no person is employed other than a
member of the immediate family residing in the home.
Hotel: A building in which lodging is provided with or without meals,
and open to transient guests.
Lod in House: A building, other than a hotel, where lodging is pro-
vided for six, or more, persons not members of the family.
Lot: The land bounded by definite lines and occupied by a building
and its accessory buildings and including the open spaces required under
these regulations. It may or may not be a definite parcel as shown on
the recorded plats
417m
Non-Conforming Use: A use of a building or premises that sees not
conform with the regulations of the district in which it is situated.
NurseEM: A building or part of building where six or more children,
not members of the same family, are cared for,
Nursing Home: A building or part of building where six or more sick
or infirm persons are cared for.
Off-Street Parking_Space: One off-street parking space shall be de-
fined as a space not on -a street or highway where one passenger vehicle or
service vehicle may.park having a minimum width of nine (9) feet and a
minimum length of.twenty®one (-21) feet not including service lanes. Four
or more adjacent parking spaces shall constitute an off-street parking lot
and shall contain a minimum area of two hundred fifty (250) square feet per
space including service lanes. Off-street parking lots must be detailed
to show planned off-street parking spaces, service lanes, and driveways
crossing public sidewalks.
Open Porch: Any porch with a roof but without walls or glassed
windows.
Porch: A covered entrance to a building, commonly enclosed in part--
projecting out from the main wall and having a separate roof.
Private Garage: A garage with capacity of not more than four (4)
motor-driven vehicles, and having no public shop or service in connection
therewith, and if it is attached to a dwelling it becomes a part of that
residential building and is an accessory use to that building.
Public Garage; Any premises used for housing or care of more than
four 4 motor-driven vehicles, or where any such vehicles are equipped
for operation, repaired, or kept for remuneration, hire or sale, not in-
cluding show rooms or exhibition for model cars.
Rear Lot Line: The lot line which is opposite to the front lot line.
Rear Yard: An open unoccupied space between the rear line of a build-
ing and the rear lot line, for the full width of the lot, and unoccupied
except by accessory buildings.
Side Lot Line: Any lot line other than a front lot line or a rear
lot line,
Side Street: A street not running parallel to an alley and having
the lesser number of building sites fronting upon it.
Side Yard: An open, unoccupied space on the same lot with a building,
between the building and the side line of the lot, and extending through
from the front yard to the rear yard.
Structural Alteration: Any change in the supporting members of a
building, such as bearing walls or partitions, columns, beams, or girders;
excepting such alterations as may be required for the safety of the building.
Trailer Cam Car Trailer House: Any unit used for living or sleep-
ing purposes which is equipped with wheels or similar devices, used for the
purpose of transporting said unit from place to place whether by motive
power or other means, and such vehicles that are used as aforesaid that
have had the wheels or equipment removed.
Trailer Court or Park: Any premises where one or more trailer coaches
are parked for living or sleeping purposes, or any premises used or set
apart for the purpose of supplying to the public a parking space for one or
more trailer coaches for living or sleeping purposes, and shall include any
buildings, structures, vehicles and enclosures used or intended for use as
a part of the equipment of such trailer park.
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Used Car Sales Lot: A lot where new and used cars which are capable
of immediate operation under their own power are displayed.
Wall Si n: Any sign which is painted or otherwise depicted directly
upon a wall, or any sign so affixed to a wall of a building, which does
not project more than ten (10) inches from the building walla
Yard Areas: Areas comprising front yard, side yards and rear yards
are the portions of the lot in relation to the front and rear of the lot,
regardless in which direction the building faces.
ARTICLE III
ADMINISTRATION AND ENFORCEMENT
Section 1 - Administration
Section 1.1 - Office and Duties of Building Inspector
The office of the City Building Inspector shall administer the var-
ious provisions of this ordinance. The City Building Inspector shall
maintain a complete file of all applications for building permits and
plans submitted therewith. He shall maintain an accurate record of all
waivers, permits, certificates, correspondence, and other data received,
issued, or recorded by his office relating to the Zoning Ordinance. Such
files shall be open to public inspection when authorized by the Mayor or
City Council. The Building Inspector shall at all times have on display
in his office the official copy of the Zoning Map for the City of Laurel
conforming to any revisions which have been duly approved by action of
the City Council,
Section 102 - Building Permits
No building or structure shall be erected, moved, altered or en-
larged, and no excavation work for any building shall be begun until a
building permit for such work has been issued by the Building Inspector.
Applications and permit forms will be furnished by the office of the
Building Inspector and applications will be submitted as specified in the
City Building Code and in conformance with the requirements of the City
Building Inspector. No permit will be valid unless the proposed construc-
tion is in complete compliance with all provisions of this ordinance
unless special exceptions are granted by proper action of the Board of
Adjustment. The Building Inspector is not impowered to make exceptions
to the Zoning Ordinance, and a permit erroneously issued in violation of
any terms of the said ordinance shall not be construed to supersede the_
intent of the ordinance and shall be considered void and invalid.
Section 103 - Certificates of Occupanc
No land shall be occupied or used, and no building or structure
hereafter erected or altered shall be occupied or used in whole or in
part for any purpose whatsoever until a certificate of occupancy shall
have been issued by the City Building Inspector, stating that the build-
ing or structure, premises, and use comply with all the building, health,
zoning and other ordinances of the City of Laurel and amendments there-
after duly enacted. Certificates for occupancy shall be applied for after
erection or alteration of the building or structure has been completed, and
the certificate of occupancy shall be issued or the application rejected
with the reasons therefor stated by the Building Inspector within ten (10)
days after said application has been received.
Section 2 - Enforcement
Section 2.1 - Enforcing Officer
This ordinance shall be enforced by the Building Inspector or his
assistants, subject to such variations, exceptions and interpretations as
may be made by the Board of Adjustment.
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Section 202 - Penalty for Violation
Any person, firm or corporation owning, controlling or managing any
building or premises wherein or whereon there shall be placed or there
exists anything in violation of the provisions of this chapter, or any per-
son, firm or corporation who shall assist in the commission of any violation
of these provisions or who shall build contrary to the plans and specifica-
tions submitted to, and approved by, the Building Inspector, or any person,
firm or corporation who shall omit, neglect or refuse to do any act required
in these provisions shall be deemed guilty of a misdemeanor, and upon con-
viction thereof, shall be fined not less than twenty-five dollars, nor more
than three hundred dollars for each offense, and shall be imprisoned until
such fine be paid, but not exceeding fifty days. Each day that a violation
is permitted to exist shall constitute a separate offense.
Section 2.3 - Procedure in Case of Non-Conformity
If on any inspection, the condition of a building or premises, or its
use or occupancy is found not to conform to the requirements of this chapter,
or the conditions of an existing certificate therefor, the Building Inspector
shall at once issue written notice to the owner, specifying the manner in
which the building or premises, or its use or occupancy fails to so conform,
and the owner shall at once take steps to make it so conform, as directed
by the Building Inspector; and, if it is necessary for the proper protec-
tion of the occupants, he shall order the use or premises vacated until its
condition is made satisfactory and in conformity with the requirements of
this chapter, at which time a certificate will be issued as herein provided
for new buildings, or for the use of premises.
ARTICLE IV
BOARD OF ADJUSTMENT
Section 1 - Creation of Board
Section 1.1 - Membership
The Board of Adjustment is hereby established as provided by statute.
The said Board shall consist of five (5) members appointed by the Mayor
and subject to confirmation by the City Council. Members appointed to the
Board shall be citizens having an understanding of the purpose and benefits
of zoning to the City. The initial membership shall consist of one member
appointed for one year, two members for two years, and two members for
three years. Members of the Board appointed to succeed members of the init-
ial Board shall hold office for a period of three years. Vacancies shall
be filled by appointment for the unexpired term of any member whose term
becomes vacant. All of the members shall serve without compensation, and
they shall not be subject to removal by the Mayor or City Council without
cause. Written charges must be presented and a public hearing held before
removal of a member is made by the City.
Section 1.2 - Meeting
Meetings of the Board shall be held at the call of the Chairman and at
such other times as the Board may determine. The Chairman or in his absence
the Acting Chairman may administer oaths and compel the attendance of wit-
nesses. All meetings of the Board shall be open to the public. The Board
shall adopt its own rules of procedure and keep a record of its proceedings
showing the action of the Board and the vote of each member upon each ques-
tion considered, or if absent or failing to vote, indicating such fact.
The Board shall keep records of its examinations and other official actions,
all of which shall be a public record. The presence of three (3) members
shall be necessary to constitute a quorum.
Section 2 - Appeal to Board
Appeal from the rulings of the Building Inspector concerning the enforce-
ment of the provisions of this ordinance may be made to the Board of Adjust-
ment by any person aggrieved or by any officer, department, board, or bureau
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of the municipality within such time as shall be prescribed by the Board by
general rule. The appellant shall file with the Building Inspector and with
the Board of Adjustment a notice of Appeal specifying the grounds thereof.
The Building Inspector shall forthwith transmit to the Board all of the
papers constituting the record upon which the action appealed from was
taken. An appeal stays all proceedings in furtherance of action appealed
from unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after notice of appeal shall have been filed with him
that by reason of facts stated in the certificate a stay would in his
opinion cause imminent peril to life or property. In such case proceed-
ings shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or by a Court of Record on applica-
tion or notice to the officer from whom the appeal is taken and on due
cause shown.
The Board shall fix a reasonable time for the hearing of the appeal,
give public. notice thereof, as well as due notice to the parties in interest
and decide the same within a reasonable time. Upon the hearing any party
may appear in person or by attorney.
Section 3 - Powers and Duties
Section 301 - Jurisdiction and Powers
The Board shall, upon application, review the actions of the Build-
ing Inspector in order to determine whether they are in accordance with
the provisions of this ordinance, and in case of disagreement the decision
of the Board shall supercede that of the Building Inspector. The concur-
ring vote of four (4) members of the Board shall be necessary to reverse
any order, requirement, decision or to decide in favor of the applicant or
to effect any variations in this ordinances
The Board of Adjustment shall have the following powers,
(a) To hear and decide appeals where it is alleged there is error in
order, requirement, decision or determination made by an administrative
official in the enforcement of this ordinances
(b) To hear and decide special exceptions to the terms of this
ordinance.
(c) To authorize upon appeal in specific cases such variance from
the terms of this ordinance as will not be contrary to the public interests
where, owing to special conditions, a literal enforcement of the provisions
of this ordinance will result in unnecessary hardship, and so that the spirit
of this ordinance shall be observed and substantial justice done.
In exercising the above-mentioned powers, such Board may in conformity
with the provisions of this ordinance reverse or affirm wholly, or partly,
or modify, the order, requirement, 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
Section 3.2 - Duties
(a) The Board shall have the right and authority to recommend to the
City Council such changes in the district boundaries or regulations as it
may deem necessary or desirable as more particularly set forth in Article
II, Section 4, of this ordinance.
(b) The Board may from time to time adopt such rules and regulations
as it may deem necessary or desirable.
(c) The Board shall recommend to the City Council the use, height,
and area districts in which each part of any annexation to the City of
Laurel shall be placed.
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