Washington City Zoning Code
ARTICLE I
Intent, Purpose And General Provisions
Section 400.005 Intent And Purpose.
A.
To the end that adequate light, pure air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of storm- or floodwaters may be lessened or avoided, and that the public health, safety, comfort, morals, and welfare may otherwise be promoted, and to ensure and facilitate the preservation of sites, areas, and structures of historical, architectural and aesthetic importance, the City of Washington Zoning Ordinance, in accordance with the Revised Statutes of Missouri, provides for the following:
1.
To regulate and limit the height and bulk of buildings hereafter to be erected.
2.
To establish, regulate and limit the building or setback lines on or along any street, trafficway, drive, parkway or storm- or floodwater runoff channel or basin.
3.
To regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings.
4.
To classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses.
5.
To divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this Chapter.
6.
To fix standards to which buildings or structures therein shall conform.
7.
To prohibit uses, buildings, or structures incompatible with the character of such districts.
8.
To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this Chapter.
9.
To establish other regulations of land use and development that are consistent with the statutory authority afforded to the City of Washington so as to promote the public health, safety, comfort, morals and welfare of the City and its environs.
B.
This Chapter is intended to be utilized in conjunction with the City of Washington Subdivision Regulations (Chapter 410) to ensure that the development of land within the City occurs in a manner that protects, provides for and promotes the public health, safety, convenience, comfort, and general welfare of the residents of Washington.
C.
Except as otherwise provided for in Article VIII, Non-Conforming Situations, all structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocation of structures occurring hereafter, and all enlargements or additions to existing uses occurring hereafter shall comply with the regulations of this Chapter.
D.
In the event a non-conforming situation is caused by this Chapter and a building permit for a structure has been lawfully issued prior to the effective date of this Chapter, or amendment thereto, and provided that construction is begun within six (6) months of the date of the building permit and diligently prosecuted to completion, such structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and may, upon completion, be occupied under a certificate of occupancy for the use originally designated, subject thereafter to the provisions of Article XII of this Chapter.
[1]
Editor's Note: This ordinance also repealed former Chs. 400, 402, 405, 410, 412, 413, 415, 420, 425, 430, 435, 440, 445, 450, 455, 457, 458, 459, 460, 463, 465, 470 and 475, which together comprised the former Zoning Regulations. Said former Zoning Regulations were adopted 7-18-1988 by Ord. No. 6548, as amended.
Section 400.010 Interpretation.
[R.O. 1992 § 400.010; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
The provisions of this Chapter shall be considered the minimum requirements for the promotion of the public health, safety, and welfare. Where provisions of this Chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
B.
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this Chapter; nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; except that if this Chapter imposes a greater restriction, this Chapter shall control.
C.
Whenever any provision of this Chapter refers to or cites a section of the relevant State law or rules and regulations and that section is later amended or superseded, this Chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
D.
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural, the singular; the word "building" shall include the word "structure," and the word "shall" is mandatory and not directory.
E.
The terms "shall" and "must" are mandatory and not discretionary; the words "may" or "should" are permissive.
F.
The words and phrases expressly defined herein shall be given the defined meaning, unless indicated otherwise by the context.
G.
Words and phrases which are not defined herein shall be given their usual meaning, except where the context clearly indicates a different or specified meaning.
H.
The words "use" or "occupy" shall include the words "intended, designed, or arranged to be used or occupied."
Section 400.015 Other Applicable Regulations.
[R.O. 1992 § 400.015; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Other ordinances and codes of the City of Washington governing buildings, land development, property maintenance, and building occupancy include, but are not necessarily limited to, the following:
Section 400.020 Districts Established.
[R.O. 1992 § 400.020; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
For the purpose of this Chapter, the City of Washington is hereby divided into the following districts:
AG | Agricultural District | |
R-1A | Single-Family Residence District | |
R-1B | Single-Family Residence District | |
R-1C | Single-Family Attached Residence District | |
R-1D | Single-Family Residence District | |
R-2 | Two-Family Residence District | |
a. | R-2 Overlay | |
R-3 | Multiple-Family Residence District | |
C-1 | Limited Commercial District | |
C-2 | General Commercial District | |
a. | C-2 Overlay | |
C-3 | Central Commercial District | |
M-1 | Industrial District | |
M-2 | Industrial District | |
PD | Planned Development Districts | |
a. | PD-R Planned Residential | |
b. | PD-C Planned Commercial | |
c. | PD-I Planned Industrial | |
d. | PD-MXD Planned Mixed-Use | |
Section 400.025 District Map.
[R.O. 1992 § 400.025; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The boundaries of these districts are hereby established as shown upon the map made a part of this Chapter, which map is designated as the "District Map." The District Map and all the notations, references and other information shown thereon are a part of this Chapter and shall have the same force and effect as if such map and all the notations, references and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the City Clerk.
Section 400.030 Boundaries Of Districts.
[R.O. 1992 § 400.030; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map made a part of this Chapter, the following rules apply:
1.
The district boundaries are either streets or alleys, unless otherwise shown; and where the districts designated on the District Map are bounded approximately by streets or alleys, such streets or alleys shall be construed to be the boundary of the district.
2.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines; and where the districts designated on the map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the district, unless the boundaries are otherwise indicated on the map.
3.
In unsubdivided property, the district boundary lines on the map shall be determined by use of the scale appearing on the map.
4.
In the event any street, alley or other public way forming the boundary of a district is vacated, the new district boundary line shall be the former center line of said vacated public way.
Section 400.035 Violations And Penalties.
[R.O. 1992 § 400.035; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The owner or agent of a building or premises in or upon which a violation of any provision of Chapter 400 has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist shall be guilty of an ordinance violation, punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues; but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue; or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court, or by confinement in the county jail for not more than one (1) year, or by both such fine and confinement.
Section 400.040 Severability; Violations Of Prior Ordinances.
[R.O. 1992 § 400.040; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
It is hereby declared to be the intention of the City Council that the provisions of this Chapter are severable. If any part of this Chapter is declared invalid by any court of competent jurisdiction, such ruling shall not affect or impair the integrity or validity of the remainder of this Chapter or its application to other persons, property or circumstances. The City Council further declares that the provisions of this Chapter not ruled to be invalid would have been enacted even without the provisions ruled invalid.
B.
All rights or remedies of the City are expressly saved as to any and all violations of any previous zoning ordinance or amendments thereto, at the time of the effective date of this Chapter, and the prosecutions of such violations shall not be abated by the enactment of this Chapter.