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City of Rolla, Missouri
901 North Elm Street
Rolla, MO 65401

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Chapter 42 - Planning & Zoning: Article III - Zoning

Previous Chapter | City Code Index Page


Chapter Contents:

DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS


DIVISION 2. "R-R" RURAL RESIDENTIAL DISTRICT


DIVISION 3. "R-1" SINGLE FAMILY DISTRICT


DIVISION 4. "R-2" TWO FAMILY DISTRICT


DIVISION 5. "R-3" MULTI-FAMILY DISTRICT

SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT

SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT


DIVISION 6. "GI" GOVERNMENT AND INSTITUTIONAL DISTRICT


DIVISION 7. "C-O" OFFICE DISTRICT


DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT


DIVISION 9. "C-2" GENERAL RETAIL DISTRICT


DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT


DIVISION 11. "CC" CENTER CITY DISTRICT


DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT


DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT


DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT


DIVISION 15. SUPPLEMENTAL REGULATIONS


DIVISION 16. CONDITIONAL USE PERMITS


DIVISION 17. OFF STREET PARKING


DIVISION 18. SIGNS


DIVISION 19. NON-CONFORMING BUILDING AND USE REGULATIONS


DIVISION 20. CHANGES AND AMENDMENTS


DIVISION 21. ADMINISTRATION, ENFORCEMENT AND REVIEW



DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION I. USE PERMITS



SUBDIVISION II. PLANNED UNIT DEVELOPMENTS



SUBDIVISION III. REZONING



DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS

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Sec. 42-138. Title and Purpose.

This Article, and the Official Zoning Map made a part hereof, shall be known and may be cited as the Rolla Planning and Zoning Code.

This Article is adopted in order to promote the health, safety, morals, and the general welfare of the community by regulating the height, number of stories, and the size or bulk of buildings and other structures, lot coverage, the size of yards and other open spaces, the density of population and the location and use of buildings and structures for trade, industry, residences or other purposes. Additional purposes include the conservation and protection of property values and the economic use of property as well as the prevention of traffic congestion and the mitigation of adverse environmental impacts from the conduct of business in Rolla. (Ord. 3414)

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Sec. 42-139. Regulated Activities.

(a) Territorial Application of Regulations: The regulations and restrictions in this Article shall apply to all buildings, structures, and land uses within the corporate limits of the City of Rolla, unless otherwise exempted or grand-fathered by other provisions of this Article.

(b) Application to New Uses of Existing Structures: If a use of any building or structure is hereafter changed to another use, then the new use must comply with the use regulations of this Article, but the establishment of a new use does not require an existing building or structure to conform to the lot size, open space or bulk regulations of this Article.

(c) Application for Expansion and Enlargement: If any building or structure is expanded or enlarged after the effective date of this Article:

(1) The entire building or structure shall comply with the use regulations of this Article;

(2) Any expansions or enlargements of a building or structure shall comply with the bulk and open space regulations of this Article, and

(3) The off-street parking facilities shall not be reduced below the minimum requirements applicable to a similar new building, structure or use.

(d) Application to Existing Uses, Buildings and Structures: Any use, building or structure that does not conform to the regulations of this Article, but were lawful and conforming when established or constructed, may continue subject to the restrictions under Division 20, Section 42- 247 pertaining to non-conforming uses.

(e) Application to Existing Variances, Special Exceptions and Use Permits: Variances, special exceptions and use permits granted prior to the effective date of this Article shall remain valid provided the use authorized has been established. However, no such building, structure or use shall be altered, changed or expanded unless a conditional use permit has been granted pursuant to Section 42-234.

(f) Application to Open Land Uses: If any use of open land is established or if any use of open land is changed to another use after the effective date of this Article, such new use shall comply with all of the regulations of this Article. (Ord. 3414)

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Sec. 42-140. Rules of Interpretation.

When referring to this Article, the following rules of interpretation shall be applied, except when the context clearly requires otherwise.

(a) The word shall is always mandatory and not discretionary. The word may is permlsslve.

(b) Words used in the present tense shall include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.

(c) The use of the male pronoun includes the use of the female pronoun.

(d) The word person includes individuals, firms, corporations, associations and any other similar entities.

(e) The words parcel, site, or tract are synonymous and are general terms for the description of land.

(f) The word City means the area of jurisdiction of the City of Rolla, Missouri. (Ord. 3414)

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Sec. 42-141. Definitions.

Words found in the text or tables of this Article shall be interpreted in accordance with the provisions set forth in this Section. Where words have not been defined, the standard dictionary definition shall prevail. The following terms are hereby defined:

Accessory structure or building: A structure which is subordinate to and serves a principal structure; is subordinate in area, extent or purpose; and is located on the same lot with the main use or building.

Acre: A measure of land area containing forty three thousand five hundred sixty (43,560) square feet.

Adult day care home: That portion of a residence wherein the owner or occupier of the residence provides care and supervision to meet the needs of up to eight (8) functionally impaired adults for periods of less than twenty-four (24) consecutive hours, without overnight accommodations. (Ord. 3748, §1)

Agricultural activity: The provisions of Chapter 5 Rolla City Code - Animals & Fowl notwithstanding, the production, keeping or maintenance, for sale, lease or personal use, of any bovines or equines, excluding feed lots, stockyards, and animal slaughter or meat processing facilities. (Ord. 3891, §1).

Alley: A public way that extends only secondary means of access to abutting property.

Alteration, structural: Any change in a supporting member of a building.

Apartment: A room or suite of rooms in an apartment house arranged, designed or occupied as the residence of an individual or family.

Apartment structure: Same as "Dwelling, multi-family."

Automobile sales: An open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile service station: Any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases, at retail direct to the customer, including minor accessories and services for vehicles.

Automobile wrecking or salvage yard: An open area used for dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories.

Bar: See Tavern.

Basement: A story partly or wholly below grade. For purposes of height measurement a basement shall be counted as a story where more than one-half (1/2) of its height is above the average level of the adjoining ground.

Berm: A mound of earth, typically located in a buffer-yard to shield or block noise, lights or other nuisances.

Boarding, rooming and lodging house: A building other than a motel where lodging and/or meals is provided by the owner or operator for three (3), but not more than five (5) persons for compensation.

Buffer-yard: Land area typically containing trees, shrubs and other plants, berms, fences or walls and used to visibly separate one use from another or to limit nuisances.

Building: A structure having a roof supported by columns or walls.

Building codes: The Building Code of the City of Rolla, Missouri together with electrical, plumbing, fire, and any related code(s), including any regulations adopted in conformance therewith.

Building unit, group: Two or more buildings (other than dwellings) grouped upon a lot and held under single ownership, such as universities, hospitals, and institutions.

Building line: A line located a minimum horizontal distance from the center of the street and parallel thereto, beyond which no part of a building shall extend.

Building, front of: The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building, principal: A building in which is conducted the principal use of the lot on which it is situated.

Bulk requirements: Standards that control the height, lot coverage, and location of structures.

Bulk storage: The storage of chemicals, petroleum products and other materials in aboveground containers for resale to distributors or retail dealers or outlets.

Cemetery: Property used for the interring of the dead, including mausoleums.

Child care center: A state licensed child day care facility permitted to serve more than ten (10) unrelated children and required to utilize a commercial grade kitchen.

Child day care: The care of a child away from his own home on either a commercial or noncommercial basis for any part of a twenty- four (24) hour period.

Child care home, family: A state licensed child care facility permitted to serve no more than ten (10) unrelated children.

Child day care home: An unlicensed child day care facility permitted to serve no more than four (4)-unrelated children.

Church: A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of religious services and associated accessory uses.

Clinic, medical or dental: An institution or station for the examination and treatment of all ill and affected out patients where overnight lodging is limited to one (1) night.

College: An institution that provides post-secondary educational program, including classrooms, laboratory and administration buildings, libraries, dormitories, dining halls, student centers, auditoriums, chapels, gymnasiums, stadiums, fraternities, sororities, etc.

Community center: A building for social, educational, and recreational activities of a neighborhood or community, provided any such use is not operated primarily for commercial gain.

Community treatment center: Structures and land used for the inpatient and/or outpatient treatment of alcohol and other drug abuse, for the evaluation of treatment needs, and /or for services to family members of patients in a program accredited by the Department of Mental Health/Division of Alcohol and Drug Abuse, the Commission for the Accreditation of Rehabilitation Facilities, the Joint Commission for the Accreditation of Hospitals, or the American Osteopathic Association.

Convenience store: A retail establishment typically having a gross floor area of five thousand (5,000) square feet or less; primarily selling petroleum products, foods, as well as other household goods customarily sold in larger food markets and supermarkets.

Conditional use: A use permitted in a particular zoning district only upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of such use as specified in this Article and authorized by City Council.

Condominium: A building, groups of buildings or property in which units are owned individually and all the owners on a proportional, undivided basis own the common elements.

Curb grade: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the city engineer shall establish such curb grade or its equivalent for the purpose of this Article.

Dance hall: Any place open to the public in which persons move with either backward, forward or side steps, accompanied by music.

Depth of rear yard: The horizontal distance between the rear line of the main building nearest the rear property line, otherwise the rear lot line.

District: A section of the City of Rolla, for which the regulations governing the areas, heights or uses of buildings or lots are uniform.

Drive-in facility: A facility, typically accessory to a principal use, which encourages or permits customers to order, receive and consume goods and services while remaining in their motor vehicles.

Duplex: A structure on a single lot containing two dwelling units, each of which is totally separated from the other.

Dwelling: A building or portion thereof designed exclusively for residential occupancy, each with separate toilets and kitchen facilities and intended to function as separate dwelling units with, for example, individual utility meters, addresses, etc., but not including hotels, motels, boarding, rooming and lodging houses; and institutional care facilities.

Dwelling, single-family detached: A detached building surrounded by open space on the same lot designed exclusively for occupancy by one family or a foster home which provides 24-hour care for seven or less unrelated children.

Dwelling, two-family: See Duplex

Dwelling, single-family semi-detached: A dwelling unit attached to one or more dwelling units by common vertical walls without opening, each unit located on a separate lot of record.

Dwelling, multi-family: A building or portion thereof arranged, designed or occupied as a residence by three or more individuals or families having separate quarters and living independently of each other.

Economic hardship: When the landowner cannot economically utilize the property and it is impractical to sell or lease it or no market exists for it at a reasonable price.

Efficiency apartments: A building occupied or designed for living units in apartments containing not less than three hundred (300) square feet per apartment; excluding public halls, corridors, or stairways.

Family: The following living arrangements shall constitute a family:

  1. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or
  2. Four (4) or less unrelated persons living as a single housekeeping unit; or
  3. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors for whom they have legally established custodial responsibility, living as a single housekeeping unit.

Domestic servants, employed on the premises, may be housed on the premises without being counted as part of a family. The term family shall not be construed to mean fraternity, sorority, club or institutional group.

Farming or truck gardening: A tract of land cultivated by an owner or tenant for the purpose of supplying provisions or food.

Feedlot: A confined land area for fattening cattle or other animals or temporarily holding such animals for sale or shipping.

Flashing light: A continuously intermittent light or sequential light; but not including animation or lighting that changes the copy of a sign.

Fraternity house: A building maintained exclusively for fraternity members and their quests and affiliated with an academic or professional college, university or other institution of higher learning.

Frontage: All the property fronting on one side of a street between the two nearest intersecting streets, or other natural barriers.

Front lot line: The line of the lot adjacent to the street on interior lots. On corner lots it is the prolongation of the front lot line of an interior lot.

Funeral home: A building used for the preparation of the deceased for burial and display, with ceremonies connected therewith before burial or cremation, but shall not include facilities for cremation.

Garage, private: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Greenhouses: A building consisting of glazed frames or sashes, used for the purpose of cultivating plants too tender to endure open air.

Gross floor areas: The gross floor area of an apartment house shall be measured by taking an outside dimension of the apartment building at each floor level excluding, however, the floor area of basements or attics when not occupied as living quarters.

Group home, residential: A single family dwelling in which no more than ten ( 10) people reside, comprised of the following: eight or fewer unrelated mentally or physically handicapped persons, no more than two (2) persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the dwelling, and the children of the house parents or guardians.

Guest house: Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Height: The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher; or if no street grade has been established to the highest point of the roofs surface. In measuring the height of a building the following structures shall be excluded: Chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulk heads, pent houses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.

Home occupation: Same as Customary home occupations.

Hospital: An institution or place where sick or injured patients are given medical or surgical care, whether at public or private expense.

Hospital, animal: An establishment where there are facilities to lodge animals that are being treated by a veterinarian.

Hotel: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which, as a rule, the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apartment, and in which there are more than twelve sleeping rooms.

Hotel apartment: A building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units.

Impervious surface: Any part of a lot that is covered by buildings, structures, parking areas, driveways, and any other surfaces which reduce or prevent absorption of storm water.

Kennel: Any lot or premises on which four or more dogs, more than four months of age, are kept for commercial purposes.

Loading space: An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

Lot: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of these regulations, having not less than the minimum area required by these regulations for a lot in the district in which such land is situated, and having its principal frontage on a street or such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit or certificate of occupancy for a building on such land.

Lot area: The total horizontal area within the boundary lines of a lot.

Lot, corner: A lot situated at the intersection of two or more streets.

Lot, depth: The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.

Lot, front of: The front of a lot shall be considered to be that side on the lot that fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street with the greatest number of lots front.

Lot, interior: A lot other than a corner lot.

Lot lines: The lines bounding a lot as defined herein.

Lot of record: A lot that exists as shown or described on a plat or deed in the records of the County Recorder of Deeds and as approved under Chapter 42, Article II, Subdivisions.

Lot, reversed corner: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot or lots to its rear.

Lot, through or double frontage: A lot having frontage on two parallel or approximately parallel streets.

Lot width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lots lines.

Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Manufactured home: See "Mobile home". (Ord. 3748, §1)

Mobile home: A transportable, factory-built home, designed to be used as a year-round residential dwelling containing the same water supply, waste disposal and electrical conveniences as immobile housing.

Motel: An establishment providing transient accommodations on a daily rate to the general public with at least twenty five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Natural or artificial barrier: Means any river, pond, canal, railroad, levee, embankment, or fence or hedge which prohibits a view of the use from the outside.

Non-conforming building: A building or structure or portion thereof lawfully existing at the time this Article became effective, which was designed, erected, or structurally altered for a use that does not conform with the use regulations of the district in which it is located.

Non-conforming use: A use which lawfully occupied a building or land at the time this article became effective and which does not conform with the use regulations of the district in which it is located.

Nurseries: A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated for commercial purposes.

Nursing home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

Office, sales: An accessory office to a principal use where sales are primarily generated by telephone or off site by salespersons with only incidental retail sales on site.

Office, retail/warehouse combination: A facility that provides combined office, retail and warehousing facilities for one or more businesses.

Open space: Area included in any side, rear or front yard of any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, porches or decks. Open space does not include driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership may also be included as open space.

Owner of record: The person, corporation, trustee or other legal entity listed as owner of a premise in the records of the County Recorder of Deeds.

Package liquor store: An establishment where alcoholic beverages are sold for consumption off premises.

Parking space, automobile: Space within a building or a private or public parking area for the parking of one automobile.

Person: Any individual, corporation, association, firm, partnership, institution or other legal entity, singular or plural.

Pick-up facility: A facility typically accessory to a commercial establishment designed solely for the distribution of goods ordered before arriving at the establishment.

Premise: A premise is any tract of land which operates as a functional unit regardless of ownership or the number of lots. When developed, a premise has one or more characteristics including shared parking, common management, common identification, common access, or shared circulation systems.

Principal building or structure: A structure, or group of structures, in which the principal use of a premise is located.

Principal use: The primary or predominant use of a premise.

Print shop: A typically small retail establishment whose principal activity is to provide duplicating or document production services using photocopy, blueprint, word processing or offset printing equipment or small printing presses.

Private club: An organization of persons for special purposes or the support of sports, arts, literature, politics and the like.

Rear lot line: The line of the lot opposite the front lot line.

Rear yard: A space unoccupied except by a building or accessory use as hereinafter permitted, extending the full width of the lot between the main building and the rear lot line. Where there is an alley the depth of the rear yard may be measured from the rear lot line.

Restaurant: An establishment where food and drink is prepared and served for consumption on or off premise. If alcoholic beverages are sold, more than fifty (50) percent of gross income must be derived from the sale of food and non-alcoholic beverages for consumption on premise for the establishment to be classified as a restaurant.

Self-service storage facility: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods. (Ord. 3611, §1)

Servants' quarters: An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises, not less than fifty percent of his or her time, and not rented or otherwise used as a separate domicile.

Setback lines: Setback lines of a property are those lines that locate the building on a lot with respect to the property lines.

Side line: Any lot line not a front line or a rear line.

Sorority house: A dwelling unit maintained exclusively for sorority members and their guests or visitors and affiliated with an academic or professional college, university or other institution of higher learning.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

Story, half: A story under a gable, hip or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such story, and which has an average height of not more than eight feet and covering a floor area of not more than seventy-five percent of the area of the floor on the story next below.

Street: A public way that extends primary means of access to abutting properties. No street right-of-way in the City of Rolla shall be less than fifty (50) feet in width.

Street, arterial: Those streets that are used primarily for high to moderate speed, high volume, extended trip length between activity centers traffic. Minimum right-of-way width shall be eighty (80) feet with sixty (60) feet required for an industrial arterial.

Street, collector: A street or road primarily for the carrying of traffic from residential streets to the arterial streets and freeways.

Street, freeway: A divided arterial highway for through traffic with full control of access and generally with grade separations at intersections.

Street, minor residential: A street primarily for access to the abutting properties.

Street width: The horizontal distance between the side lines of a street, measured at right angles to the back of the curb or side lines if no curb exists.

Structure: Anything constructed or erected that requires location on the ground or attached to something having a location on the ground.

Tavern: An establishment where fifty (50) percent or more of gross income is derived from the sale of alcoholic beverages for consumption on premise and where the serving of food and non-alcoholic beverages, as well as the sale of package liquors, are accessory activities.

Tea rooms: An establishment used primarily for the serving of non-alcoholic beverages for consumption on premise, with the sale of food as an accessory activity.

Trailer: Any portable or mobile vehicle on wheels, skids, or rollers not structurally anchored to a foundation, either self-propelled, or propelled by an attached vehicle, animal, person or other propelling apparatus, which is used or may be used as living quarters or for commercial hauling and/or storage purposes, and herein referred to as a trailer.

Trailer or mobile home park: Any plot of ground where accommodation is provided for two or more trailer coaches or mobile homes used as living or sleeping quarters.

Use: The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

Used car safes yard: An area used for the display and sale of used automobiles in operating condition and where no repair work is done except the minor adjustments of the cars to be displayed or sold on the premises.

Width of side yard: The horizontal distance between that portion of the main building nearest the side property line and the side line of the lot.

Yard: An open space other than a court on the same lot between a building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward.

Yard, front: A yard extending across the full width of the lot, between the nearest main building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the main building to the nearest point of the front lot line.

Yard, rear: A yard extending the full width of the lot, between the nearest main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building to the nearest point of the rear lot line.

Yard, side: An open unoccupied space between the main building and the side line of the lot extending from the front yard to the rear yard. No part of an alley shall be used as part of the side yard. (Ord. 3414)

Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. (Ord. 3414; Ord. 3611, §1; Ord. 3748, §1)

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Sec. 42-142. General Provisions.

(a) Permitted Uses: No building or structure shall be built, moved, expanded or enlarged after the effective date of this Article, and no building, structure or land shall be used, occupied or designed for use or occupancy after the effective date of this Article except in a manner that is permitted by this Article. Existing uses authorized as a special use permit may be continued, but shall not be permitted to expand or change use, except to bring the use into compliance with this Article for the respective zoning district.

(b) Lot Size Requirements: Except as permitted in Section 42-247, no building or structure, or part thereof, existing on the effective date of this Article shall be built, moved, expanded or enlarged, and no vacant land as of the effective date of this Article, shall be used, occupied or designed for occupancy:

  1. On a lot which is smaller in area than the minimum lot area required in the zoning district in which the building, structure, or land is located, or
  2. On a lot which is narrower than the minimum required lot width; or
  3. On a lot which is shallower than the minimum required lot depth.

(c) Bulk Regulations: No building or structure, or part thereof, existing at the effective date of this Article, shall be built, moved, expanded or enlarged and no vacant land at the effective date of this Article shall be used, occupied or designed for occupancy:

  1. So as to exceed the maximum lot coverage percentage or the maximum height for the zoning district in which the building or structure is located, or
  2. So as to provide any setback or front, side or rear yards that are less than the requirement specified for the respective zoning district.

(d) Buffer-Yard Requirements: All buildings, structures, and uses shall provide and landscape the buffer-yards required under the requirements of this Article.

(e) Customary Home Occupations: No home occupation shall hereafter be established, altered or enlarged in any residential district unless it is allowed as a use and complies with the conditions and restrictions imposed by Section 42-207.

(f) Accessory Structures or Uses: No accessory building, structure use, as defined in Section 42-204 shall hereafter be built, moved, established or enlarged unless such accessory building, structure or use is permitted.

(g) Signs: No sign shall be built after the effective date of this Article, and no existing sign shall be moved or remodeled, unless such sign complies, or will thereafter comply, with the restrictions imposed by Section 42-244.

(h) Off-Street Parking: No building or structure shall be built or moved after the effective date of this Article unless the minimum off-street parking spaces are provided in accordance with Section 42-239.

(i) Number of structures on a lot: Not more than one (1) principal building shall be located on the same lot in the R-R, R-1, R-2, GI, C-O, C-1, C-2, C-3, CC, M-1 or M-2 zoning districts. In mobile home parks, self-service storage facilities, and in the R-3 Multi-Family District, any number of buildings or structures may be established on a single lot as long as other provisions of this or any other Article of the Rolla City Code is satisfied. (Ord. 3493, §1; Ord. 3611, §2)

(j) Exceptions to Height Regulations: Elevator machinery, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers (excluding telecommunication towers), steeples, flagpoles, chimneys, and smokestacks are not subject to height limitations. No space above the height limit shall be used to provide additional floor space for the use being conducted on the premises. In addition, separate structures such as water standpipes, water ground storage tanks, or similar structures are exempt from height limitations.

(k) No Public Water or Sewer: No use, which requires potable water or sewerage disposal to operate, shall be established on a parcel of less than three (3) acres, unless both public water and public sewer are provided. (Ord. 3414; Ord. 3493, §1)

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Sec. 42-142.1. Zoning Districts.

The City of Rolla shall be divided into fourteen (14) zoning districts, the location and boundaries of which are shown on the Official Zoning Map, which Map is incorporated in this Article by this reference. The districts include:

1. "R R" Rural Residential District: A zone intended to accommodate low intensity residential uses on lots not less than forty thousand (40,000) square feet in area and to permit certain agricultural activities.

2. "R 1" Single Family District: A zone designed to support single family residential development at a maximum density of seven (7) dwelling units per acre.

3. "R 2" Two Family District: A district designed for single family or two-family dwellings (duplex) at a maximum density of ten (10) dwelling units per acre.

4. "R 3" Multi Family District: A zone designed for multi family dwelling units (apartments) with a maximum density of twenty six (26) dwelling units per acre.

5. "R-3b" Multi-Family District: A zone intended to provide medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre.

6. "RMH" Residential Manufactured Home District: A zone intended to provide standards for the development of residential manufactured home subdivisions or parks.

7. "GI" Government and Institutional District: A zone designed for governmental buildings and uses, including public medical facilities and institutions of higher education.

8. "C-O" Office District: A zone intended for low intensity office development and serving as a transition zone from commercial uses to residential uses.

9. "C-1" Neighborhood Business District: A zone established to accommodate individual retail stores and personal service businesses that offer convenience goods and services normally considered a frequent or even daily necessity for residents of an adjoining neighborhood.

10. "C-2" General Retail District: A zone designed for uses that provide community wide personal and business services, small shopping centers and specialty retail shops.

11. "C-3" Highway Commercial District: A zone designed for businesses that provide essential commercial services and support activities of community and regional significance. These uses depend upon high visibility and convenient sites on arterial streets and near highways to accommodate customers or distribute goods.

12. "Center City District": A zone designed to accommodate the existing unique mix of uses and to encourage private investment in the Rolla Central Business District.

13. "M-1" Light Manufacturing District: A zone designed to accommodate less intensive industrial and warehousing uses that are conducted entirely within a building with no outdoor operations, except storage and display.

14. "M-2" Heavy Manufacturing District: A zone intended to accommodate intensive manufacturing uses that may have adverse impacts on nearby property unless properly located and buffered. (Ord. 3414; Ord. 3748, §2)

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Sec. 42-142.2. Zoning Map and Rules for Interpretation.

(a) Incorporation of Official Zoning Map by Reference: The City of Rolla is hereby divided into the districts as listed in Section 42-141.2. of this Article and as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Article. Such map shall be in triplicate originals, each of which shall bear the signature of the Mayor and attestation of the City Clerk and bearing the Seal of the City. One of said originals shall be hung in the office of the Secretary of the Planning and Zoning Commission. It shall be the duty of the Secretary to keep up to date the originals, showing all changes, additions and amendments thereto and maintaining records of the date of passage by ordinance. Regardless of the existence of copies of the Official Zoning Map that from time to time may be published, the Official Zoning Map shall be located in the office of the Secretary of the Planning and Zoning Commission and this map shall be considered the final authority as to the current zoning status of land and water areas in Rolla.

(b) Rules of Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply:

  1. Boundaries shown as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines.
  2. Boundaries shown as approximately following platted lot lines shall be construed as following lot lines.
  3. Boundaries shown as following City Limit lines shall be construed as following such City Limits.
  4. Boundaries shown as following railroad lines shall be construed to be midway between the main tracks.
  5. Boundaries shown as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, ponds, or lakes shall be construed to follow such center lines.
  6. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by paragraphs (a) through (e) above, the Board of Adjustment shall interpret the district boundaries.

(c) Classification of Vacated Right-of-Way: Whenever any public right-of-way is vacated by official action of the Planning and Zoning Commission and City Council, the zoning district adjoining each side of the vacated right-of-way shall automatically extend to the centerline of the vacated property; or, in the case where all of the vacated right-of-way shall revert to one property, the zoning district of the host property shall extend to the vacated area. (Ord. 3414)

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Sec. 42-142.3. Annexations.

All territory which may hereafter be annexed into the City of Rolla shall be considered zoned in the most restrictive classification consistent with the property use and the Comprehensive Plan unless the City Council or the applicant designates otherwise prior to the annexation. (Ord. 3414)

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Sec. 42-142.4. Separability.

It is hereby declared to be the intention of the City Council that the several provisions of this Article are separable, in accordance with the following rules:

(a) If any court of competent jurisdiction shall adjudge any provision of this Article to be unconstitutional, invalid, or illegal, such judgment shall not affect any other provisions of this Article.

(b) If any court of competent jurisdiction shall adjudge the application of any provision of this Article to a particular property, building or structure to be unconstitutional, invalid, or illegal, such judgment shall not affect the application of said provision to any other property. (Ord. 3414)

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Sec. 42-142.5. Penalties.

Any person violating or failing to comply with any provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred (300) dollars, per day, for each day of noncompliance. (Ord. 3414)

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Sec. 42-142.6. Effective Date.

This Article shall be in full force and effect as Chapter 42, Article III, Rolla City Code, from and after its passage and approval in the manner required by law. (Ord. 3414)

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Secs. 42-143 to 42-167. Reserved.

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DIVISION 2. ''R-R" RURAL RESIDENTIAL DISTRICT

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Sec. 42-168. Purpose of the Rural Residential District.

This District is composed of those areas of the city whose principal use is large lot single-family and agricultural uses. The regulations are designed to ensure harmony between the primary uses of this District. (Ord. 3414)

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Sec. 42-168.1. Uses Permitted.

(1) Single family-dwellings with no more than one dwelling per lot.

(2) Golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.

(3) Family child care homes for child, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.

(4) Churches and other places of worship.

(5) Customary home occupations, in accordance with Section 42-207.

(6) Accessory structures and uses, in accordance with Section 42-204.

(7) Residential group homes, in accordance with Section 42-224.

(8) Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.

(9) Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults. (Ord. 3414; Ord. 3517, §2; Ord. 3748, §3)

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Sec. 42-168.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Parks, camp areas, recreation areas, arenas, or resorts owned by private organizations.

(2) Private utilities.

(3) Nursing homes.

(4) Cemetery on ten (10) acres or more.

(5) Medical institutions, such as hospitals.

(6) Veterinarian services, animal hospitals and kennels.

(7) Customary agricultural activities.

(8) Bed and breakfasts, in accordance with Section 42-235. (Ord. 3414)

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Sec. 42-168.3. Area Requirements.

Minimum size of lot:

Area: 40,000 square feet.

Lot frontage: 150 feet at front lot line.

Width: 150 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings 25 percent

Maximum height of buildings:

35 (thirty five) feet (two stories).

Minimum setback dimensions:

Front yard: 35 feet measured from front lot line

Side yard: 25 feet measured from side lot line

Rear yard: 50 feet measured from rear lot line

(Ord. 3414)

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Secs. 42-169 to 42-170. Reserved.

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DIVISION 3. "R-1" SINGLE FAMILY DISTRICT



Sec. 42-171. Purpose of Single Family Residential District.

This District is intended to promote and preserve urban single-family residential development at a maximum density of approximately seven (7) building lots per acre. The principal land use is the single-family dwelling. Certain other uses necessary to serve governmental, educational, religious, recreational and other needs are allowed as conditional uses subject to restrictions intended to protect the single-family character of the District. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities as well as by considering the functional relationship between permitted uses in the District. (Ord. 3414)

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Sec. 42-171.1. Uses Permitted.

(1) Single-family dwellings with no more than one dwelling per lot.

(2) Churches and other places of worship.

(3) Privately owned and operated golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.

(4) Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.

(5) Customary home occupations, in accordance with Section 42-207.

(6) Accessory structures and uses, in accordance with Section 42-204

(7) Residential group homes, in accordance with Section 42-224.

(8) Family child care homes for children, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.

(9) Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults.

(Ord. 3414; Ord. 3517, §3; Ord. 3748 §3.)

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Sec. 42-171.2. Conditional uses that may be permitted by the Planning and Zoning

Commission and the City Council in accordance with Section 42-234.

(1) Private utilities.

(2) Nursing homes.

(3) Cemetery on ten (10) acres or more.

(4) Medical and healthcare services including massage therapy, physician, dentist, chiropractor, optometrist, mental healthcare practitioners, other healthcare practitioners offices, and outpatient care facilities, except animal hospitals, clinics or sanitariums for contagious, mental, drug or liquor addict cases.

(5) Bed and breakfasts, in accordance with Section 42-235.

(Ord. 3414; Ord. 3517, §4; Ord. 3748, §5)

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Sec. 42-171.3. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 40 feet at front lot line.

Width: 60 feet at front lot line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent for lots under 12,000 sq. ft. in area.

All buildings: 25 percent for lots over 12,000 sq. ft. in area.

Maximum height of buildings:

35 (thirty five) feet (2 stories ).

Minimum setback dimensions:

Front yard: 25 feet, measured from front lot line.

Each side yard: 5 feet, measured from side lot line.

Rear yard: 10 feet, measured from rear lot line.

Corner lots: See Section 42-292.2. Side yards-corner lots.

(Ord. 3414; Ord. 3748 §4)

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Secs. 42-172 to 42-173. Reserved.

DIVISION 4. "R-2" TWO FAMILY DISTRICT

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Sec. 42-174. Purpose of the Two-Family District.

This District is intended to accommodate a variety of housing types, including single family and duplex dwellings at low to moderate residential densities. The Two-Family District is also intended to serve as a transition between the single-family district and the Multifamily District. (Ord. 3414)

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Sec. 42-174.1. Uses Permitted.

(1) Any use permitted in the R-1 Single-Family District.

(2) Two-family dwellings.

(Ord. 3414)

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Sec. 42-174.2. Conditional uses, as listed in the preceding R-1 Single-Family District, as permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Sorority and fraternity houses. (Ord. 3414)

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Sec. 42-174.3. Area Requirements.

Minimum size of lot:

Area: 9,000 square feet.

Lot frontage: 75 feet at front lot line.

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

40 (forty) feet or two and one-half stories above the average finished grade.

Minimum setback dimensions

Front yard: 25 feet from the front lot line.

Each side yard: 5 feet measured from side lot line.

Corner lot: See Sec. 42-292 Side yards - corner lots.

Rear yard: 10 feet from the rear lot line.

(Ord. 3414)

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Secs. 42-175 to 42-176. Reserved.

DIVISION 5. "R-3" MULTI-FAMILY DISTRICT

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Sec. 42-177. Purpose of the Multi-family District.

The R-3 Multi Family District is intended to support apartment type development at a maximum density of twenty six (26) dwelling units per acre. Developments of this intensity should be established adjacent to and with vehicular access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)

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Sec. 42-177.1. Uses Permitted.

(1) Uses and conditional uses permitted in any of the foregoing R-1 or R-2 Districts.

(2) Boarding, rooming, and lodging houses.

(3) Child care centers.

(4) Multi-Family dwellings and apartment houses, including efficiency apartments.

(5) Private parking areas.

(6) Private clubs, lodges, fraternities, sororities, and dormitories.

(7) Private schools and academies.

(8) Trailers and mobile homes located in the R-3 Multi-Family District at the date this Article is enacted shall not be considered as non-conforming uses.

(Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)

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Sec. 42-177.2 Area Requirements.

Minimum size of lot:

Area: 7,500 square feet plus 1,500 square feet for each dwelling unit in excess of two (2) dwelling units.

Lot frontage: 75 feet at front lot line.

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

The maximum height of buildings in the "R-3" Multifamily District shall not exceed four (4) stories or sixty (60) feet above the average finished grade, provided, however, that buildings may be erected to a height of one hundred and fifty (150) feet when the front, side, and rear yards are increased an additional five (5) feet for each ten (10) feet the height of the building exceeds sixty (60) feet.

Minimum setback dimensions:

Front yard: 25 feet measured from front lot line.

Each side yard: 5 feet measured from side lot lines.

Rear yard: 10 feet from rear property lines.

(Ord. 3414; Ord. 3493, §2; Ord. 3748 §6)

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Sec. 42-177.3 Separation and Access to Buildings.

All new development on parcels zoned R-3 Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in the driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)

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Sec. 42-177.4 Buffer-Yard Requirements.

Whenever any development in an R-3 Multi-Family District is located adjacent to an R-1 Single Family District, a buffer-yard shall be provided in accordance with Section 42-230.6 and meeting the width and landscaping standards for a "Buffer-Yard A". (Ord. 3748, §6)

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Sec. 42-177.5 Site Plan Required.

All rezoning requests for R-3 Multi-Family District zoning for parcels one (1) acre in size or greater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1 (b) of the Planning and Zoning Code. (Ord. 3748, §6)

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SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT

Sec. 42-178 Purpose of the "R-3b" Multi-Family District.

The R-3b Multi-Family District is intended to provide for medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre. Developments of this intensity should be adjacent to and have access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3748, §6)

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Sec. 42-178.1 Uses Permitted.

Uses and conditional uses permitted in any of the foregoing R-1, R-2, or R-3 Districts. (Ord. 3748, §6)

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Sec. 42-178.2 Area Requirements.

Minimum size of lot:

Area: 10,000 square feet plus 1,500 square feet for each dwelling unit in excess of two (2) dwelling units.
Lot frontage: 75 feet at the front lot line.
Width: 75 feet at the building line.

Maximum percentage of lot that may be occupied by building:

All buildings: 40 percent

Maximum height of buildings:

The maximum height of buildings in the R-3b Multi-Family District shall not exceed forty (40) feet in height or two and one-half stories above the finished grade.

Minimum setback dimensions:

Front yard: 25 feet measured from the front lot line.
Each side yard: 5 feet measured from the side lot line.
Rear yard: 10 feet measured from the rear lot line.

(Ord. 3748 §6)

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Sec. 42-178.3 Separation and Access to Buildings.

All development on parcels zoned R-3b Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and off-street parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)

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Sec. 42-178.4 Site Plan Required.

All rezoning requests for R-3b Multi-Family District zoning for parcels one (1) acre in size or grater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1(b) of the Planning and Zoning Code. (Ord. 3748, §6)

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SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT

Sec. 42-179 Purpose of the "RMH" Residential Manufactured Home District.

The purpose of this district is to establish additional standards for the development and operation of residential manufactured home (mobile home) parks. The standards are intended to encourage affordable and diverse housing opportunities while promoting neighborhood improvement that minimizes conflicts with other zoning districts. A residential manufactured home park may provide sites (herein defined as manufactured home spaces) available for lease or rent or the property may be subdivided in accordance with the requirements of ARTICLE II of this Chapter. Regulations pertaining to Trailers and Mobile Home Parks found in Chapter 39, ARTICLES I through II of the Rolla City Code shall be followed where not specifically revised by this Section. (Ord. 3748, §6)

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Sec. 42-179.1 Uses Permitted.

  1. Single family attached and detached dwellings on individual lots not less than 8,000 square fee in area.
  2. Manufactured homes for single-family residential occupancy on individual manufactured home spaces of not less than 4,000 square feet.
  3. Recreational facilities for the exclusive use of the occupants of the manufactured home park.
  4. Accessory structures and uses customarily incident to the above uses, which are required for the direct servicing and well-being of park residents and proper management and maintenance of the park, in accordance with Section 42-204.
  5. Customary home occupations, in accordance with Section 42-207.
  6. Outdoor storage areas, including storage areas for recreational vehicles. Such areas shall be screened from adjoining uses and shall occupy, in total, not more than five (5) percent of the area of the manufactured home park. Use of such storage area shall be limited to the occupants of the manufactured home park. (Ord. 3748, §6)

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Sec. 42-179.2 Area Requirements.

Minimum size of lot:

Area: 4,000 square feet for each manufactured home.
Width: 45 feet at the building line.

Maximum percentage of space coverage for each manufactured home:

Individual manufactured home: 30 percent of the manufactured home space.

Maximum separation between manufactured homes:

Manufactured homes shall be separated from each other and from other buildings or structures by at least fifteen (15) feet; provided that manufactured homes placed end-to-end shall have a clearance of ten (10) feet where opposing rear walls are staggered.

Minimum setbacks:

All manufactured homes shall be located at least ten (10) feet from any park boundary line abutting a public or private street, or parking area, and at least twenty (20) feet from all perimeter park boundary lines not abutting a public or private street or parking area.

(Ord. 3748 §6)

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Sec. 42-179.3 Skirting.

All manufactured homes shall be skirted within thirty (30) days of occupancy. The skirting shall be done so that it is compatible with the manufactured homes unit's exterior materials and it shall be of a finished nature. Composition building board and raw wood shall not be used as skirting unless finished with weatherproof and termite proof materials. (Ord. 3748, §6)

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DIVISION 6. "GI" GOVERNMENT AND INSTITUTIONAL DISTRICT

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Sec. 42-180. Purpose of the Government and Institutional District.

The Government and Institutional District is established to apply to those lands where federal, state, or local government activities are conducted and where the government holds title to such lands, and to major public educational, medical, and recreational facilities. The District is also intended to classify land that is vacant but has been designated for activities listed above in an adopted plan. (Ord. 3414)

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Sec. 42-180.1. Uses Permitted.

(1) Governmental buildings and uses.

(2) Hospitals and related buildings and uses, such as medical offices, clinics, etc.

(3) Medical and dental laboratories and research facilities, not including the manufacture of pharmaceutical or other products for sale or distribution, provided no toxic substances, explosives, radioactive material, highly flammable substances or other materials that pose a threat to the public health and safety, due to their quantities or location, are used in the research operations.

(4) Stadiums, auditoriums, arenas, convention and cultural centers owned by a governmental or quasi-governmental entity.

(5) Public parks and recreation areas.

(6) Athletic clubs, fitness centers and indoor sports facilities.

(7) Cemeteries.

(8) Art galleries, libraries and museums.

(9) Colleges and universities, public schools - elementary and secondary.

(10) Public service and public utility uses, including central power or lighting plant.

(11) Accessory structures and uses, in accordance with Section 42-204.

(Ord. 3414)

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Sec. 42-180.2. Area Requirements.

Government and institutional buildings or uses in existence at the time the district is mapped shall be considered conforming uses.

Minimum size of lot:

Area: No maximum or minimum requirements.

Lot frontage: No minimum requirements.

Maximum lot coverage:

All buildings: Eighty (80) percent, not less than twenty (20) percent of the total lot area shall be devoted to open space, excluding parking lots or other paved areas and building sites.

Maximum height: No maximum or minimum requirements.

Minimum setbacks: None.

(Ord. 3414)

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Secs. 42-181 to 42-182. Reserved.

DIVISION 7. "C-O" OFFICE DISTRICT

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Sec. 42-183. Purpose of the Office District.

The C-O District is designed to be a restrictive district for low intensity office or professional uses to allow their location near any residential district without creating an adverse effect. (Ord. 3414)

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Sec. 42-183.1. Uses Permitted.

(1) All uses and conditional uses permitted in any residential district, excluding veterinarian services, animal hospitals, customary agricultural activities.

(2) Offices for professional and business use involving the sale or provision of services, but not the sale or rental of goods, including but not limited to:

(A) Accountant, appraiser, architects, brokers, engineers, insurance agents, interior decorators, landscape architects, lawyers, realtors, travel agency and similar types of professional uses.

(B) Artists, sculptors, photographers.

(C) Authors, writers, composers.

(D) Physicians, dentists, chiropractors, or other licensed medical practitioners, excluding facilities where significant diagnostic or out patient surgery is performed as normally associated with a clinic or hospital.

(E) Teachers of private lessons in art, music or dance.

(F) Museums, libraries, galleries and exhibit halls.

(G) Administrative offices of a single organization or by a single professional organization or society.

(Ord. 3414)

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Sec. 42-183.2 Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

40 (forty) feet or two and one-half stories above average finished grade.

Minimum setback dimensions:

Front yard: 25 feet from the right-of-way line.

Side yard: 5 feet from the side lot line.

Rear yard: 10 feet from the rear lot line.

(Ord. 3414)

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Secs. 42-184 to 42-185. Reserved.

DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT

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Sec. 42-186. Purpose of the Neighborhood Business District.

This District is intended for uses that provide convenience goods or personal services primarily to people residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood sales and service uses permitted in this District. This District is designed to accommodate compact, freestanding commercial buildings or to function as a transition between more intense commercial uses and residential neighborhoods. Commercial uses permitted in this District are generally required to conduct business activities indoors. Because the permitted retail and personal service uses may be an integral part of the neighborhood, more restrictive requirements for light, air, open space, and building design are made than are provided in other commercial districts. This District should be located along or at the intersections of a collector or higher classification streets. (Ord. 3414)

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Sec. 42-186.1. Uses Permitted.

(1) Conditional uses permitted in the R- 1 Single Family District.

(2) Any residential dwellings that exist in the C- l District at the date this ordinance is enacted.

(3) Antique shops.

(4) Banks and financial institutions including automatic teller machines and drive-in facilities.

(5) Books or stationery stores.

(6) Community and family fitness centers.

(7) Child care centers.

(8) Churches and other places of worship.

(9) Offices and office buildings, administrative, business, finance, medical and professional uses.

(10) Personal service establishments including beauty parlors, barber shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices and hearing aid and eye glass shops.

(11) Commercial photography establishments.

(12) Private parks, playgrounds, and golf courses, excluding miniature golf courses and driving ranges.

(13) Restaurants and coffee shops, excluding drive-in facilities and on-site sales or consumption of alcoholic beverages.

(14) Retail or service establishments for the following types of stand-alone uses: bakery, candy, dairy products, flowers, gifts, jewelry, hobby materials, meat, fish and poultry products, newsstands, pet grooming, toys, and video rental or sales, excluding drive-in facilities.

(15) Studios; art, music, drama, reducing, dancing, interior decorating.

(16) Tailor shops.

(17) Shops dealing in customized clothing, including silk screening, iron-on transfers and all uses incidental thereto.

(18) Accessory structures and uses, in accordance with Section 42-204.

(19) Boarding, rooming, and lodging houses.

(20) Those conditional uses listed below that exist in the C-1 District at the date this Article is enacted shall not be considered non-conforming uses.

(Ord. 3414; Ord. 3517, §5)

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Sec. 42-186.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council, in accordance with Section 42-234.

(1) Pharmacies.

(2) Commercial greenhouses, nurseries and garden stores.

(3) Community treatment center.

(4) Grocery stores

(5) Wearing apparel and/or shoe stores

(6) Hardware stores.

(7) Print shops, photocopying.

(8) Veterinarian services, animal hospitals, customary agricultural activities.

(9) Trailers and mobile homes for residential use only, excluding sales and service (see Section 39 "Trailers and Mobile Homes").

(Ord. 3414)

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Sec. 42-186.3. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

40 (forty) feet or two and one-half stories above average finished grade.

Minimum setback dimensions:

Front yard: 10 feet from the front lot line.

Side yard: 5 feet from the side lot line. 1

Rear yard: 10 feet from the rear lot line.

(Ord. 3414)

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Sec. 42-186.4. Buffer-Yard Requirements.

Whenever any development in a C-1 Neighborhood Business District is located adjacent to a residential, office, government or PUD zoning district, screening and buffer yards shall be provided in accordance with Section 42-231. (Ord. 3414)

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Secs. 42-187 to 42-188. Reserved.

DIVISION 9. "C-2" GENERAL RETAIL DISTRICT

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Sec. 42-189. Purpose of the General Retail District.

This District is intended for uses that provide community-wide personal and business services, shopping centers and specialty shops which depend upon high visibility, generate high traffic volumes or cater to the traveling public. The District is also intended for on-site production of hand crafted items in conjunction with retail sales. No un-screened outside display of merchandise is permitted, except where indicated. Commercial uses permitted in this District are generally required to conduct business activities indoors. The need for community-wide accessibility dictates that this district be located along or at the intersection of two or more arterial or higher classification streets. (Ord. 3414)

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Sec. 42-189.1. Uses Permitted.

(1) Any use or conditional uses permitted in the foregoing C-l District, including existing single-family and two-family residential uses.

(2) Any conditional use permitted in the R-R District.

(3) Athletic clubs.

(4) Auto repair, body and paint shops, radiator repair.

(5) Auto laundries or car/truck wash establishments.

(6) Automobile sales and service, including tire sales, and rental of new or used vehicles (outside display permitted).

(7) Automobile service stations or garages, including sales of petroleum products.

(8) Automobile parts and accessory stores, including installation and repair.

(9) Boat and marine sales and service.

(10) Bowling alleys.

(11) Cold storage and self or mini-storage facilities.

(12) Drive-in, pick-up, and drive-through restaurants.

(13) Funeral homes, excluding crematoriums.

(14) Furniture and/or appliance stores (new and used), sales and service, including rentals.

(15) Heating and air-conditioning sales and service, including customized sheet metal fabrication as an accessory activity.

(16) Hotels and motels, and hotel apartments.

(17) Medical equipment and supplies sales and rental.

(18) Miniature golf courses and driving ranges.

(19) Monument sales, retail dealers (outside display permitted).

(20) Parking garages, commercial.

(21) Pest control services.

(22) Pet shops, animal hospitals, clinics and kennels.

(23) Plumbing shops.

(24) Printing, publishing, book binding, and photo-processing, including drive-through facilities.

(25) Produce market, retail (outside display permitted).

(26) Radio-TV. repair shops.

(27) Recreation vehicle or mobile home sales or service (outside storage permitted).

(28) Restaurant, on-site sales and consumption of alcoholic beverages permitted.

(29) Retail stores and other shops for custom work or making of articles to be sold at retail on the premises.

(30) Retail establishments which provide supplies and/or services primarily to commercial and industrial customers, such as janitorial services, packaging and shipping service, locksmith services, lithographing and engraving, and blueprinting businesses.

(31) Recording studios.

(32) Second hand goods store and pawn shops.

(33) Second hand or used car sales yard, not including wrecking and repairing (outside display permitted).

(34) Skating rinks, swimming pools, gymnasiums, commercial.

(35) Sporting goods sales.

(36) Store and restaurant fixture sales.

(37) Taxi and limousine transportation services.

(38) Telecommunication facilities and towers exceeding one hundred (100) feet in height.

(39) Theaters, motion picture and performing arts.

(40) Tobacco product sales.

(41) Water, bottled, sales.

(42) Video game arcades.

(43) Seasonal businesses; such as fire works stands, Christmas tree lots, snow cone vendors, and similar outlets that are temporary uses.

(Ord. 3414; Ord. 3566, §1)

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Sec. 42-189.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Bars, cocktail lounges, and night clubs (including dance halls).

(2) Billiard or pool halls.

(3) Convenience stores, with or without gas pumps.

(4) Package liquor stores.

(5) Cabinet or carpentry shop.

(6) Advertising services (sign shop).

(7) Laboratories, offices and other facilities.

(Ord. 3414)

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Sec. 42-189.3. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at front lot line.

Maximum height of buildings:

Forty five (45) feet or three (3) stories above average finished grade.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

45 (forty five) feet or three stories above average finished grade.

Minimum setback dimensions:

Front yard: 10 feet from the lot line.

Side yard: 0

Rear yard: 10 feet from the rear lot line.

(Ord. 3414)

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Sec. 42-189.4 Buffer-Yard Requirements.

Whenever any development in a C-2 general retail district is located adjacent to a residential, office, government or PUD zoning district, screening and buffer-yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Secs. 42-190 to 42-191. Reserved.

DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT

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Sec. 42-192. Purpose of the Highway Commercial District.

This District is intended for business uses which provide essential commercial services and support activities of community and regional significance that require high visibility and may have higher environmental impacts in terms of noise, dust, glare, etc. which may make them incompatible with office or some retail uses. This District is also intended for businesses that combine wholesale, retail, and light manufacturing (assembly) functions on site. Merchandise may be displayed outside without screening. This District is also intended to function as a transition between industrial development and strictly commercial development. (Ord. 3414)

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Sec. 42-192.1. Uses Permitted.

(1) Any use or conditional uses permitted in any of the foregoing C 1 or C 2 Districts.

(2) Agriculture implements sales and service, agri businesses.

(3) Sexually oriented businesses, as defined in Chapter 29 of the Rolla City Code, provided such uses are prohibited within the area circumscribed by a circle which has a radius of seven hundred fifty (750) feet, as measured by a straight line drawn from the lot line of any proposed sexually oriented business, to any residential zoning district, school, park, or church.

(4) Auction sales, flea markets and swap meets, permanent location; livestock sales not permitted.

(5) Archery and firearms ranges, commercial.

(6) Battery shops, sales and service.

(7) Builder's supply and lumber yards.

(8) Bus stations.

(9) Bottling plants.

(10) Carpet cleaning.

(11) Contractor's equipment, sales and service.

(12) Commercial laundry, dry cleaning, linen and towel or diaper supply service.

(13) Crematoriums.

(14) Dairy supply dealers.

(15) Dry ice storage.

(16) Engine and transmission repair and rebuilding.

(17) Electrical equipment repairs, sales and parts distribution.

(18) Feed stores, no manufacturing or grinding or mixing of feed.

(19) Frozen food lockers.

(20) Glass and mirror sales.

(21) Landscape company, sales and service.

(22) Magazine and newspaper, printing and distribution agency.

(23) Road machinery, heavy equipment and tools, sales and rental service.

(24) Storage warehouses and baggage transfers.

(25) Tire repair and recapping.

(26) Tattoo and/or body piercing parlors, palm reading, and fortune telling establishments.

(27) Wholesale operations, sales office/warehouse combination.

(Ord. 3414; Ord. 3493, §3; Ord. 3611, §3)

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Sec. 42-192.2. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

Forty five (45) feet or three (3) stories above average finished grade.

Minimum setback dimensions:

Front yard: 10 feet from the front lot line.

Side yard: 0

Rear yard: 10 feet from the front lot line.

(Ord. 3414; Ord. 3611, §3)

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Sec. 42-192.3. Buffer-Yard Requirements.

Whenever any development in a C-3 Central Commercial District is located adjacent to a residential, office, government, or PUD District, screening and buffer-yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Sec. 42-193. Reserved.

DIVISION 11. "CC" CENTER CITY DISTRICT

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Sec. 42-194. Purpose of the Center City District.

The CC District is intended to be a mixed-use district that accommodates a variety of residential and commercial uses. It is intended to address the unique character of Rolla's traditional Central Business District, an area that developed early in the City's history, generally encompassing both sides of Rolla and Pine Streets between 6th and 12th Streets, and does not display the features of modern suburban development. This district is designed to support the transition that must occur if the CBD is to experience revitalization. (Ord. 3414; Ord. 3493, §4)

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Sec. 42-194.1. Uses Permitted.

(1) Any use or conditional uses permitted in the foregoing GI and C-3 Districts, except trailers or mobile homes.

(2) Accessory structures and uses, in accordance with Section 42-204.

(3) Accessory residential uses, either to the rear or above the first floor of a building used for permitted business activities.

(Ord. 3414)

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Sec. 42-194.2. Area Requirements.

Minimum size of lot:

Area: no minimum.

Lot frontage: no minimum.

Width no minimum.

Maximum percentage of lot that may be occupied by building:

All buildings: 100 percent.

Maximum height of buildings:

No maximum.

Minimum setback dimensions:

Front yard: None.

Side yard: None.

Rear yard: None.

Minimum parking requirements:

None, except for new construction where sufficient land area exists to allow the provision of adequate parking consistent with the requirements of this Article.

(Ord. 3414; Ord. 3611, §4)

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Sec. 42-195. Reserved

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DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT

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Sec. 42-196. Purpose of the Light Manufacturing District

This District is intended to allow industrial operations and activities that do not create applicable nuisances or hazards. Industrial operations and activities are permitted as long as they do not have an adverse impact on neighboring properties resulting from dust, fumes, noxious odors, glare, vibration, or other atmospheric influence. M-1 light manufacturing activities are generally conducted inside a building, although related outdoor storage and display is permitted. (Ord. 3414)

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Sec. 42-196.1 Uses Permitted.

(1) Any commercial uses that exist in the M- 1 District at the effective date this Article is enacted.

(2) Advertising services (sign shop)

(3) Agri-businesses.

(4) Asphalt storage.

(5) Black smithing.

(6) Broom manufacturing.

(7) Builders supply, hardware and lumberyards.

(8) Bus terminals, maintenance shops.

(9) Cabinet or carpentry shops.

(10) Candle manufacturing.

(11) Canvas goods shops, tents and awnings, manufacture, sales and rental.

(12) Carpet cleaning.

(13) Child care centers.

(14) Clothing, footwear, and leather goods manufacturing.

(15) Cold storage plants.

(16) Concrete batching or transit mix plant (temporary use only).

(17) Construction materials manufacturing and storage.

(18) Heavy machinery, including diesel engine, repairs.

(19) Egg storage, candling or processing plants.

(20) Electronic component manufacture and assembly.

(21) Food products processing, storage, and distribution (except uses listed under the M-2 District).

(22) Freight terminals.

(23) Furniture packing and crating.

(24) Hatchery, fish or fowl.

(25) Ice manufacturing.

(26) Insulation applicator.

(27) Irrigation sales and service.

(28) Laboratories, offices and other facilities for research, basic and applied.

(29) Live stock sales.

(30) Lumber mills and storage.

(31) Machine shops.

(32 Mattress and bedding manufacturer and renovator.

(33) Magazine and newspaper printing.

(34) Monument manufacture.

(35) Motor freight terminals and depots.

(36) Oil well equipment service, supply and storage.

(37) Pharmaceutical manufacture.

(38) Paper products manufacturing.

(39) Plastic processing and converting.

(40) Prefabricated house manufacture.

(41) Printing, publishing, book binding.

(42) Private utilities.

(43) Produce markets, wholesale.

(44) Sash and door manufacturing.

(45) Seed storage and warehousing.

(46) Sheet metal work shops.

(47) Spray painting.

(48) Store and restaurant fixture manufacturing.

(49) Storage of baling or rags.

(50) Textile manufacturing.

(51) Welding shops, industrial equipment and supply sales.

(52) Wholesale operations, sales office/warehouse combination.

(53) Accessory structures and uses, in accordance with Section 42- 204.

(Ord. 3414)

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Sec. 42-196.2. Industrial Environmental Standards.

Businesses located in the M-1 Light Industrial District shall meet the following environmental standards to remain conforming uses:

(a) The emission of smoke, gases, particulate matter shall comply with the standards contained in the Air Quality Standards and Air Pollution Control Regulations for outstate Missouri as published by the Missouri Air Conservation Commission.

(b) No hazardous waste, as defined and published in the list maintained by the Missouri Hazardous Waste Management Commission, shall be generated, unless such waste is limited to less than one hundred (100) kilograms of hazardous waste in one (1) calendar month. If the industry meets this small quantities test, it shall handle those wastes in a accordance with the published rules of the Missouri Hazardous Waste Management Commission.

(c) The noise level at any point along the property line shall not exceed standards established by the U.S. Department of Housing and Urban Development Noise Assessment Guidelines. Sound levels shall be measured with a sound level meter and associated octave band analyzer manufactured in compliance with standards prescribed by the American Standards Association.

(d) Certification shall be provided by the Fire Chief that all manufacturing, storage, and waste handling processes on the site shall meet the safety and environmental standards of the National Fire Code. (Ord. 3414)

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Sec. 42-196.3. Area Requirements.

Minimum size of lot:

Area: 10,000 square feet.

Lot frontage: 100 feet at front lot line.

Width: 100 feet at building line.

Maximum percentage of lot that may be occupied by building:

All buildings: 85 percent

Maximum height of buildings:

No maximum

Minimum setback dimensions:

Front yard: 35 feet measured from front lot line.

Side yard: 10 feet measured from side lot line.

Rear yard: 20 feet measured from rear lot line.

(Ord. 3414; Ord. 3493, §5; Ord. 3611, §5)

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Sec. 42-196.4. Buffer-Yard Requirements.

Whenever any development in an M-1 light manufacturing district is located adjacent to a residential, office, government, commercial, or PUD zoning district, screening and buffer yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Sec. 42-197. Reserved.

DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT

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Sec. 42-198. Purpose of the Heavy Manufacturing District

This District is intended for heavy industrial uses and other uses not otherwise provided for in the light manufacturing district. The intensity of uses permitted in this District makes it necessary to separate it from residential districts wherever possible with good accessibility provided to rail and highways. (Ord. 3414)

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Sec. 42-198.1. Uses Permitted.

(1) Any use permitted in the M-1 light manufacturing district.

(2) Aluminum manufacture.

(3) Asphalt manufacture or refining.

(4) Blast furnaces.

(5) Boiler making, repairing and boiler works.

(6) Brick, tile, pottery or terra cotta manufacturing.

(7) Canning or preserving manufacture.

(8) Celluloid or similar cellulose material manufacture.

(9) Cement, lime, gypsum or plaster manufacturing.

(10) Central power or lighting plant.

(11) Concrete products manufacturing.

(12) Cooperage works.

(13) Corrugated metal manufacture.

(14) Cotton baling, compressing or ginning.

(15) Cotton storage, open.

(16) Cotton seed products manufacturing.

(17) Curing, tanning or storage of hides.

(18) Die casting manufacture.

(19) Distillation of bones, coal or wood.

(20) Dye stuff manufacture.

(21) Electroplating.

(22) Emery cloth and sandpaper manufacture.

(23) Fat rendering.

(24) Feed grinding and processing.

(25) Fertilizer manufacture.

(26) Flour mills.

(27) Forge plants, foundry or smelter.

(28) Galvanizing.

(29) Glue or gelatin manufacture.

(30) Match manufacture.

(31) Milling, custom.

(32) Oil cloth and linoleum manufacture.

(33) Paint manufacture.

(34) Paper and rag processing and storage.

(Revised 4/01)

735

(35) Paving plants.

(36) Railroad roundhouse, shops, and yards.

(37) Refrigerator manufacture.

(38) Rubber products manufacture or treatment.

(39) Salt works.

(40) Sand blasting.

(41) Septic tank service.

(42) Shoe polish manufacture.

(43) Soap manufacture.

(44) Soda and compound manufacture.

(45) Steel fabrication plants.

(46) Stone cutting.

(47) Tank manufacture.

(48) Telecommunication towers exceeding one-hundred (100) feet in height and related facilities.

(49) Tile roofing manufacture.

(50) Wool pulling or scouring.

(51) Yeast plants.

(Ord. 3414)

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Sec. 42-198.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-231.

(1) Arsenals and munitions storage or manufacture.

(2) Manufacture and bulk storage of flammable liquids or gases for wholesale, subject to the provisions of the National Fire Codes.

(3) Scrap or salvage yards, including automobile wrecking or salvage yards.

(4) Bleaching powder or chlorine manufacture.

(5) Hazardous chemical manufacture, creosote treatment or manufacture, disinfectant and insecticide manufacture, poisonous gases, tar distillation, acid and ammonia production .

(6) Coal yards, oil compounding, barreling or reclamation plants.

(7) Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous substances from off-site sources and radioactive substances.

(8) Permanent storage or disposal of hazardous substances (as defined under the Federal Resource Conservation and Recovery Act, Subpart D, 40 C.F.R. 261.30; 261.31; 261.32; 261.33), industrial and municipal sludge.

(9) Processing, reprocessing and storage of PCB containing oils.

(10) Quarries and mining operations.

(11) Landfill operations, including waste compacting and incineration.

(12) Mixing plant-paving materials.

(13) Asphalt manufacture/refining.

(Ord. 3414)

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Sec. 42-198.3. Permitted and conditional uses in the M-2 (Heavy Manufacturing District shall comfy with Section 42-195.2.

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Sec. 42-198.4. Area Requirements.

Minimum size of lot:

Area: 25,000 square feet.

Lot frontage: 100 feet at front lot line.

Width: 100 feet at building line.

Depth: 250 feet from front lot line.

Minimum setback dimensions:

Front yard: 35 feet from the front lot line.

Side/rear yards: 20 feet from side/rear lot line

100 feet if adjoining a residential

zoning district.

(Ord. 3414; Ord. 3566, §2)

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Sec. 42-198.5. Buffer-Yard Requirements.

Whenever any development in an M-2 heavy manufacturing district is located adjacent to a residential, commercial, government, PUD, or M-1 zoning district, screening and buffer- yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Secs. 42-199 to 42-200. Reserved.

DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT

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Sec. 42-201. Purpose of the Planned Unit Development District.

The intent of the Planned Unit Development (PUD) District is to encourage more creative, flexible, and imaginative land development than is possible under conventional zoning regulations. It is intended to permit, upon the approval of a Development Plan and subject to the procedures and standards in this Division, the creation of PUD Districts for any type of land use.

The suitability of each tract considered for PUD District designation shall be determined in accordance with the Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the over-crowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water and sewerage service, schools, parks, and other public requirements, and with a reasonable consideration being given to among other things, the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the City.

The procedures and standards herein established are intended to replace protections for substantive regulations in recognition that traditional density, bulk, spacing and use regulations, which may be useful in protecting developed areas, may impose inappropriate and unduly rigid restrictions on the development or redevelopment of parcels which lend themselves to an individual, planned approach. Approval of a PUD should promote the following goals:

(1) Implementation of the Rolla Comprehensive Plan.

(2) Efficient use of land that will protect and preserve, where possible, natural features of the land such as mature trees, streams, and topographic features.

(3) Harmonious and coherent site and building design that create a sense of place.

(4) Direction of development to areas where existing public transportation facilities, utilities, and pubic services are adequate; provided that the applicant may make provision for such facilities or utilities which are not presently available. (Ord. 3414)

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Sec. 42-201.1. Effect of PUD District Approval.

The approval of a PUD District shall constitute an amendment to the zoning ordinance. Designation of a parcel as a PUD District shall supersede all existing and prior zoning classifications and requirements. Requirements, such as density, bulk, spacing and use regulations, may vary from, and be more or less restrictive, than the prior zoning classification. Such property shall for zoning purposes be identified as a PUD on the zoning map. (Ord. 3414)

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Sec. 42-201.2. Uses and Densities Permitted.

The Development Plan and application shall specify for the entire project and/or for sub-areas within a project, those permitted primary and accessory uses and development densities. The City Council may include or exclude uses or attach conditions to achieve the intent of these regulations. The Council may consider land use compatibility and relationships between uses in the project area, outside the project area in relation to the PUD District, and the appropriateness of permitted uses given their impact on the entire community. (Ord. 3414)

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Sec. 42-201.3. Application and Fee.

An application for approval of a Development Plan may be filed by the property owner(s) or any person having a contractual interest in the subject property. A three hundred dollar ($ 300) processing fee shall be paid, in addition to the customary advertising cost. (Ord. 3414)

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Sec. 42-201.4. Procedure.

Applications for a PUD District shall be evaluated using the following review process:

(a) Sketch plan.

(b) Preliminary Development Plan.

(c) Final Development Plan.

(Ord. 3414)

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Sec. 42-201.5. Sketch Plan.

A sketch or concept plan may be provided prior to filing a Preliminary Development Plan for review by the Community Development Director and other City department heads. (Ord. 3414; Ord. 3493, §6)

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Sec. 42-201.6. Preliminary Development Plan Purpose and Intent.

The Preliminary Development Plan is intended to provide the applicant with the opportunity to submit information showing the basic concept, character and nature of the entire proposed PUD District without becoming involved in the preparation of a detailed plat or engineering drawings. It permits the developer to proceed with some assurance that a Final Development Plan will be approved. Developers may elect to forgo the Preliminary Development Plan step. Final Development Plans, however, must contain the same information required for Preliminary Development Plans.

Approval of a Preliminary Development Plan binds the applicant and the City with respect to the following development constraints:

(a) Categories of permitted uses;

(b) Overall maximum density of residential uses and intensity of non-residential uses;

(c) General location of vehicular and pedestrian circulation systems;

(d) General location and extent of public and private open space;

(e) General location of residential and non-residential land uses; and

(f) Phasing of development, if appropriate.

(Ord. 3414)

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Sec. 42-201.7. Preliminary Development Plan Application.

Five (5) copies of the completed Preliminary Development Plan application shall be submitted in a form and containing such information as shall be prescribed by the Community Development Director in written rules, but shall in all instances contain at least the following information which shall, taken together, constitute a Preliminary Development Plan:

(a) The applicant's name, address, phone number, and interest in the subject property;

(b) The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;

(c) The names and addresses of all professional consultants advising the applicant with respect to the proposed PUD.

(d) The legal description of the subject property and a survey, certified by a registered land surveyor, showing property lines and dimensions; all easements and rights-of-way, any part of which affects the subject property; and a statement that all necessary easements can be obtained; and

(e) One (1) or more maps at a scale of not less than one (1) inch to two-hundred (200) feet delineating the existing and proposed physical site characteristics of the site and adjacent property, including:

(1) Topography at contours not more than five (5) feet;

(2) Slopes of ten (ten) percent or more;

(3) Property boundary lines and dimensions; existing buildings; existing utilities; easements, roadways, rail lines and other public rights-of-way crossing or adjacent to the property;

(4) Water courses, drainage ways, sinkholes, ponds, lakes, marshes or flood plains, including the 1 00-year flood plain, where applicable;

(5) A generalized depiction of the vegetation and tree cover, particularly the location of mature trees, and other significant natural features;

(f) One (1) or more maps at a scale of not less than one (1) inch to two-hundred (200) feet and/or a written statement of the proposed PUD describing the following:

(1) The present zoning classification, existing land use and proposed land use describing the types and location of land use in each area of the development;

(2) The proposed traffic circulation system illustrating external and internal traffic ways related to the development, showing the location of proposed rights-of-way and other transportation improvements with any proposed access restrictions. The City Council may impose standards and restrictions as are needed to protect the integrity and function of the City's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the district;

(3) A generalized layout and description of proposed utility service, including storm water management systems;

(4) Proposed landscaping for the development, including required buffer areas and other open spaces;

(5) Information pertaining to the size, location, illumination, and relation to surrounding uses of signs within the proposed development.

(g) A tabulation of the following information:

(1) The total number of dwelling units proposed by type of structure, if appropriate;

(2) The total land area, expressed in acres and as a percent of the total development area for each land use by type of structure, for streets and other public or common areas, and for off-street parking and loading areas; and

(3) The number of off-street parking and loading spaces for each type of land use.

(h) A phased PUD that extends beyond a single construction season shall include a development schedule stating the approximate beginning and completion date, the proportion of total open space to be provided, and the proportion of land uses to be constructed during each phase. All public improvements required for each phase shall be completed in sequence assuring adequate service for the PUD.

(i) Evidence that the applicant has sufficient control over the subject property to complete the proposed PUD. Evidence would include a statement of all legal, beneficial, tenancy, and contractual interests held in or effecting the subject property. (Ord. 3414)

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Sec. 42-201.8. Effect of Preliminary Development Plan Approval.

A Preliminary Development Plan, having been reviewed and approved by the Planning and Zoning Commission, shall not be modified, revoked, or otherwise altered pending the approval of a Final Development Plan by any action of the City without consent of the applicant. The applicant shall proceed to file a Final Development Plan, in accordance with the provisions in the following Section, with the Planning and Zoning Commission. (Ord. 3414)

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Sec. 42-201.9. Final Development Plan Purpose and Application.

The Final Development Plan is intended to particularize, refine and implement the Preliminary Development Plan. The application for Final Development Plan may include the entire area included in the approved Preliminary Development Plan or one or more phases thereof in accordance with the phasing schedule as part of the Preliminary Development Plan. The application shall contain a plan which is in substantial conformity with the Preliminary Development Plan. Additional information shall be provided as prescribed by the Planning and Zoning Commission or City Council, but shall in all cases include the information and documentation found in the Preliminary Development Plan, and:

(a) A legal description of the property for which the Final Development Plan approval is sought;

(b) If necessary, a subdivision plat that includes a survey of the entire property certified by a registered land surveyor shall be submitted. Plats shall be in compliance with the Rolla subdivision regulations;

(c) A Landscape Plan that specifies the design, description and arrangement of required landscaping for all areas, including materials and techniques used in accordance with Section 42-201.12. The articles of incorporation and by-laws of the private organization charged with maintaining the open space and buffer yards, if appropriate, shall be provided, in accordance with Section 42-302;

(d) Copies of any restrictive covenants that are to be recorded with respect to the property included in the Final Development Plan;

(e) Development plans, indicating placement of water mains, sanitary and storm sewers, gas, electric and telephone lines, and related facilities;

(f) A statement summarizing all changes which have been made in any document, plan, or data previously submitted, together with revised copies of any such document, plan, or data, if appropriate;

(g) Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the PUD and of the establishment of any entity that is responsible for the management and maintenance of any public or private open space or buffer yard;

(h) All certificates, seals and signatures required for the dedication of land and the recordation of documents;

(i) Such other information as the Planning and Zoning Commission and City Council shall find necessary to a full consideration of the entire PUD or any phase thereof.

If the Planning and Zoning Commission finds that there is substantial conformity between the Preliminary and Final Plans, including the provisions of this Article and all other federal, state, or city codes, it shall recommend approval of the Final Development Plan with any conditions imposed by such recommendation. (Ord. 3414; Ord. 3493, §6)

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Sec. 42-201.10. Substantial Conformity Defined.

A Final Development Plan shall be deemed to be in substantial conformity with an approved Preliminary Development Plan if it:

(a) Does not increase maximum density approved in the Preliminary Development

Plan more than five (5) percent;

(b) Does not increase the maximum height of any structure by more than five (5) percent,

(c) Does not decrease by more than five (5) percent the area approved for open space or change the general location of such areas;

(d) Does not alter the approved traffic circulation elements that would decrease the ability of such elements to function efficiently or adversely affect their relation to surrounding land uses and circulation systems;

(e) Does not significantly alter the arrangement of land uses within the PUD;

(f) Does not violate any provision of the codes and ordinances applicable to the proposed PUD; and

(g) Does not depart from the Preliminary Development Plan in any manner which the Planning and Zoning Commission and City Council shall, based on the stated findings and conclusions, determine to materially alter the development concept for the proposed PUD. (Ord. 3414)

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Sec. 42-201.11. Affect of Final Development Plan Approval.

Upon Final Development Plan approval by the City Council with or without modifications accepted by the applicant and upon application, all appropriate officials of the City may issue building and other permits to the applicant. The Community Development Director may authorize minor adjustments to the approved Final Development Plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual site development. A Final Development Plan may otherwise be amended pursuant to the procedures established by this Division for its original adoption. (Ord. 3414)

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Sec. 42-201.12. Landscape Plans.

Landscape Plans are a required component of Development Plans under the PUD regulations of this Article. Landscape Plans shall contain the minimum following information:

(1) A minimum scale drawing of one (1) inch to fifty (50) feet;

(2) The location of all trees to be preserved;

(3) The location of all plant and landscaping materials to be used;

(4) A list of all plant materials (canopy, under-story, ornamental or evergreen tree; shrub; etc.) to be used;

(5) The size of all plant material to be used;

(6) The spacing of plant material, where appropriate; and

(7) The entity responsible for preparing the Landscape Plan.

Landscape Plans shall provide, to the maximum extent practicable, for the preservation of existing mature trees in the City. A Plan that provides for the clear cutting of a development tract or lot shall only be approved if the developer or contractor establishes by clear and convincing evidence that the development will not be economically viable unless clear cutting is permitted. (Ord. 3414)

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Secs. 42-202 to 42-203. Reserved.

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ARTICLE III ZONING

DIVISION 15. SUPPLEMENTAL REGULATIONS

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Sec. 42-204. Accessory Structures and Uses - Purpose and Definition.

An accessory structure is a building or structure that is located on the same lot as the main or primary building and is subordinate to and detached from the main building. Accessory uses are consistent with and supplemental to the permitted uses in the zoning district. Ord. 3414)

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Sec. 42-204.1. Permitted Accessory Structures.

Any structure or use that meets the definition of an accessory structure or use may be allowed in any district.

(a) Accessory structures include, but are not limited to, the following list of examples:

(1) Garages;

(2) Utility sheds;

(3) Private in-ground swimming pools and above-ground swimming pools more than two (2) feet high and associated bath houses;

(4) Green houses;

(5) Satellite dishes and antenna towers;

(6) Gazebos;

(7) Barns;

(8) Well and wash houses.

(b) Accessory structures shall be allowed under the following conditions:

(1) On any lot in an "R" District having less than twenty thousand (20,000) square feet accessory structures, other than residences, may be permitted with no plumbing fixtures, except for a washing machine and/or a janitor type sink;

(2) On any lot in an "R" District having more than twenty thousand (20,000) square feet, accessory structures with plumbing fixtures may be used for servant's quarters housing, as long as the structure is occupied by a servant employed on premises by the household occupying the main building; and

(3) On any lot in a "C" or "M" District accessory structures used for residential purposes are not permitted unless part of and/or connected to the main building. (Ord. 3414; Ord. 3493, §7)

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Sec. 42-204.2. Location of Accessory Buildings or Structures in a Residential District.

An accessory building or structure in a residential district shall be located:

(a) Not less than forty (40) feet back of the front building line for the main building;

(b) Not less than five (5) feet from the main building, when not constructed, intended, or used for human occupancy at any time;

(c) Not less than five (5) feet from the rear lot line;

(d) (Repealed by Ord. 3611, §6);

(e) Not less than five (5) feet from the side lot line.

(f) Not less than ten (10) feet from any lot line for two-story accessory building or structure;

(g) No accessory building or structure on a comer lot shall project beyond the front yard building line; and

(h) Accessory buildings or structures shall comply with the height restrictions of the zoning district. (Ord. 3414; Ord. 3493, §7; Ord. 3611, §6)

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Sec. 42-204.3. Accessory Buildings or Structures in Commercial or Manufacturing Districts.

The location of accessory buildings or structures in a commercial or manufacturing zoning district shall be located consistent with the height, setback, and bulk standards. (Ord. 3414)

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Secs. 42-205 to 42-206. Reserved.

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Sec. 42-207. Customary Home Occupations - Purpose and Definition.

This section is designed to define what constitutes a home occupation and to enumerate the particular home occupations that are permitted. Customary home occupations are defined as any activity carried out for compensation in a residential dwelling unit. No home occupation shall be permitted if it:

(a) Changes the outside appearance of the dwelling or is visible from the street;

(b) Generates traffic, parking, sewage, water use or noise in excess of what is normally found in a residential neighborhood;

(c) Creates a hazard to person or property, results in electrical interference or becomes a nuisance; or

(d) Results in outside activities, storage or display. (Ord. 3414)

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Sec. 42-207.1. Customary Home Occupations Permitted.

Customary home occupations include the following activities:

(a) Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, ministers, rabbis, priests, salesmen, sales representatives, manufactures representatives, home builders, home repair contractors and similar occupations;

(b) Artists, sculptors, authors, photographers and composers;

(c) Computer programming and data processing;

(d) Direct sale product distribution (Amway, Avon, Tupperware, etc.) provided parties for the purpose of selling merchandise or taking orders shall not be held more than once a month, shall be limited to ten ( 10) customers and shall be held between the hours of 9:00 a.m. and 10:00 p.m.;

(e) Dressmakers, seamstresses, and tailors;

(f) Home crafts, such a model making, rug weaving, woodworking, ceramics (with a kiln up to six (6) cubic feet) and similar activities, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home or machinery and equipment that would ordinarily be employed in connection with a hobby or avocation;

(g) Mail order, not including retail sales from site;

(h) Music and art teachers or other tutoring services.

(i) Renting sleeping rooms and serving meals to not more than two (2) persons not members of the family occupying the dwelling unit provided one ( 1 ) off-street parking space is provided for each person;

(j) Telephone answering service;

(k) Washing and ironing service;

(l) "Work at home" activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform to all other requirements of this Section. (Ord. 3414; Ord. 3748 §7)

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Sec. 42-207.2. Use Limitations.

(a) No person other than someone related by blood, marriage, adoption or custodial relationship to the person conducting the home occupation and who also resides in the dwelling unit shall be employed in the home occupation;

(b) The home occupation shall be conducted entirely within the principal residential building and shall be limited to one (1) room;

(c) No manufacturing or processing of any sort whatsoever shall be done, except as permitted by Section 42-207.2. (6);

(d) A one and one half (1 1/2) square foot unlighted sign may be used to advertise the presence or conduct of the home occupation;

(e) No stock in trade, except articles produced by members of the family residing on the premises, shall be stored on the premises;

(f) No alteration of the principal residential building shall be made which changes the

character thereof as a dwelling;

(g) The home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation;

(h) No mechanical or electrical equipment other than normal domestic or household equipment shall be used;

(i) There shall be no outdoor storage of equipment or materials used in the home occupation;

(j) The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of twenty four-thousand (24,000) pounds or less; and

(k) Not more than one (1 ) commercial vehicle utilized in the business shall be parked on site. (Ord. 3414)

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Sec. 42-207.3. Particular Occupations Prohibited.

(a) Animal hospitals, stables or kennels;

(b) Auto repairing and painting;

(c) Barber shops and beauty parlors with more than one ( I ) operator;

(d) Boarding and lodging houses, unless permitted by district regulations;

(e) Dispatching of transfer and moving vans, taxi cab services; and

(f) Palm reading, fortune telling, tattoo or body piercing parlors.

(Ord. 3414)

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Secs. 42-208 to 42-209. Reserved.

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Sec. 42-210. Supplemental Open Space and Yard Regulations.

In addition to the area requirements set out before, the following open space and yard regulations shall also apply: (Ord. 3414)

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Sec. 42-210.1. Front Yard Regulations.

All property shall have a front yard not less than prescribed by this Article. Where front yard setback of existing buildings fronting the same street is less or greater than the required front yard setback, any building or structure hereafter erected or structurally altered or enlarged shall conform to such established setback as follows:

(a) On interior lots where the frontage is located between two (2) intersecting streets:

(1) The front yard setback line shall not be less than the average setback of the two (2) adjacent developed lots fronting the same street; or

(2) If only one (l ) adjacent lot is developed, the setback shall not be less than the average between the existing adjacent building and the minimum required front yard setback of the vacant lot, or

(b) Where a residential building is located in a commercial district, the setback required in the residential district shall apply;

(c) Existing buildings with front yard setbacks greater than fifty (50) feet shall be figured at fifty (50) feet when determining the average setback line; and

(d) Off-street parking spaces located in the front yard of property zoned for residential use shall be limited to hard surfaced driveways and/or parking areas. (Ord. 3414)

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Sec. 42-210.2. Side Yards - Corner Lots.

The side yard requirement for a corner lot shall be not less than one-half (1/2) the required front yard setback or ten (10) feet minimum, which ever is larger. This provision shall apply only to the side yard adjoining a street. Existing buildings with a front yard setback greater than fifty (50) feet shall be calculated at fifty (50) feet when determining the average setback line. (Ord. 3414; Ord. 3566, §3)

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Sec. 42-210.3. Yards Open.

Except as specified in this Section, all yards required by this Article shall be open and unobstructed to the sky. (Ord. 3414)

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Sec. 42-210.4. Exceptions to Yard Regulations.

(a) Where compliance with the yard regulations cannot reasonably be accomplished because of irregular shaped lots or hillside lots; the Board of Adjustment may modify such regulations.

(b) Where an irregular shaped lot has more area than required for its particular district, lot width may be computed including the most usable portion satisfying the minimum area requirements. (Ord. 3414)

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Sec. 42-210.5. Permitted Projections and Structures in Required Yards.

The following projections may be located in a required yard:

(a) Cornices, eaves, gutters, belt courses, sills, awnings, canopies or other similar architectural features, shall not extend or project into a required side yard more than two (2) feet and shall not extend or project into a required front or rear yard more than three (3) feet;

(b) Open fire escapes shall not extend or project into any front, side or rear yard more than four (4) feet;

(c) Open stairways or balconies, not covered by a roof or a canopy, shall not extend or project into a required rear yard more than three (3) feet, and such balconies shall not extend into the required front yard more than three (3) feet;

(d) Enclosing or temporarily enclosing of porches, steps, platforms, carports, landing places and outside open stairways which extend into minimum required yards is prohibited;

(e) Any fence or hedge in the front yard shall comply with the provisions of Section 42-211.1.

(f) Fixed awnings, canopies and marquees shall be located at least eight (8) feet above a sidewalk and shall not project closer than two (2) feet to the curb;

(g) One-story bay windows shall not project more than thirty (30) inches into a yard;

(h) Chimneys may project thirty (30) inches or less into yard, provided that such projection does not reduce the width of a side yard to less than three (3) feet;

(i) Statuary, arbors and trellises;

(j) Flag poles;

(k) Signs, as permitted in this Article; and

(l) Open porches, platforms, and carports that do not extend above the first floor of the building shall not project more than ten (10) feet into any yard provide that said projection shall be at least ten (10) feet from the rear or front lot line, three (3) feet from the side lot line on interior lots and five (5) feet from the side lot line adjacent to the street on corner lots. (Ord. 3414)

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Sec. 42-210.6. Permitted In Any Yard, Except Front Yards:

(a) A child's playhouse;

(b) Recreational equipment and clotheslines; and

(c) Fences not exceeding seven (7) feet in height and which comply with the provisions of this Article. (Ord. 3414)

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Sec. 42-211. Vision Obstruction Restrictions- Purpose.

The following Section is intended to establish regulations governing the placement of natural or man-made obstructions to vision. (Ord. 3414)

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Sec. 42-211.1. Obstructions in Required Yards.

(a) On any lot where a front yard is required or corner lot, no building, wall, fence or other structure shall be constructed and no hedge, tree, shrub, or other growth or object of any kind shall be maintained in such location within the yard so as to obstruct the view of pedestrians and motorists, as determined by the City Engineer.

(b) Open fences not exceeding fifty (50) percent screening and four (4) feet in height above yard grade shall be permitted,

(c) Hedges, shrubbery, flowers or other similar vegetation planted to form a continuous line of growth shall not exceed a height of four (4) feet. (Ord. 3414)

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Sec. 42-212. Zero Lot Line Construction - Purpose.

The purpose of zero lot line construction is to permit a procedure for development that will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will support ingenuity and originality in total subdivision design; and which can preserve open space to serve the recreational, scenic and public service purposes related thereto, all within the densities established by the zoning district in which the zero lot line construction is permitted. (Ord. 3748, §8)

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Sec. 42-212.1 Zero Side Yard.

The required side yard setback in the R-1 and R-2 Districts may be zero (0) on one side of the lot provided:

(Ord. 3748 §8)

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Sec. 42-212.2 Zero Rear Yard.

The required rear yard setback in the R-1 and R-2 Districts may be zero (0) provided:

(Ord. 3748 §8)

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Sec. 42-212.3 Location of Zero Yards.

No lot may have both a zero (0) side yard and a zero (0) rear yard. (Ord. 3748, §8)

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Sec. 42-212.4 Recording Maintenance and Use Easements.

Appropriate maintenance and use easements shall be included on the final plat for all affected properties. Where a final plat is not required, the maintenance and use easement shall be included in the deed or deeds for all affected properties. (Ord. 3748, §8)

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Sec. 42-212.5 Placement of Zero Yard Wall.

The zero (0) side or rear yard wall shall be placed precisely on the lot (property line) with a perpetual maintenance easement on the adjacent lot. (Ord. 3748, §8)

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Sec. 42-212.6 Application and Review.

Before construction of a zero lot line dwelling commences, an application, accompanied by a precise site plan, shall be submitted to the Planning and Zoning Commission and approved or conditionally approved by the Commission prior to the issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Commission, after review, may approve, conditionally approve, or deny the proposed plan. In its review, the Commission shall consider placement of all structures, building material, finishing of the wall constructed along the side or rear lot line, and any impacts on adjacent property owners. (Ord. 3748, §8)

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Sec. 42-213. Exterior Lighting Standards - Purpose.

The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. Safety considerations form the basis of these regulations pertaining to motor vehicle use. In other cases, both the nuisance and hazard aspects will be regulated. This section is not intended to apply to public street lighting, signs, or seasonal displays. (Ord. 3748, §9)

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Sec. 42-213.1 Standards.

The following standards are required of all exterior lighting, subject only to the exemptions permitted in Section 42-213.2.

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Sec. 42-213.2 Exemptions.

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Sec. 42-214. Noncommercial, Not-For-Profit Neighborhood Facilities - Purpose.

The purpose of these requirements is to provide opportunities for necessary and desirable noncommercial, not-for-profit neighborhood facilities while minimizing possible adverse impacts of such facilities on the surrounding neighborhood. (Ord. 3414)

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Sec. 42-214.1. Standards.

(a) The proposed structure(s) shall not be located within any front or rear yards required by this Article or within ten (10) feet of the property line adjacent to the side yards of the lot on which the structures are located. Swimming pool pump and filter operations shall adhere to these standards, but in no event will they be located closer than twenty (20) feet to a side or rear property line.

(b) Any outdoor swimming pool will be enclosed by a fence or wall with a minimum height of six (6) feet with gates that shall be self-closing and latching.

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Sec. 42-215 to 42-216. Reserved.

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Sec. 42-217. Common Open Space and Improvement Regulations.

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Sec. 42-217.1. General Provisions.

The regulations set forth in this Section shall apply in all developments where the following features are held in common ownership by persons owning property within a development.

(a) All lands in common open space, not a part of individual lots, designed for the mutual benefit of a group of persons owning property within a development, where such lands are not dedicated to or conveyed for public use; whether or not such lands are required by the provisions of this Article; and

(b) All private streets, driveways, parking facilities, and buildings or portions thereof, as may be provided for common use, benefit and/or enjoyment of the development occupants; whether or not such improvements are required by the provisions of this Article. (Ord. 3414)

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Sec. 42-217.2. Condominium Property Act.

Except where it can be demonstrated that the provisions of this Section can be satisfied by other means, all lands and improvements, as set forth in this Section. shall be established and maintained in accordance with the Condominium Property Act, Chapter 448, Missouri State Statutes. (Ord. 3414)

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Sec. 42-217.3. Subdivision Approval Required.

All subdivision of property containing common open space and common improvements shall be considered a subdivision and subject to review in accordance with the provisions of Article II, Subdivisions. (Ord. 3414)

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Sec. 42-218. Property Owner's Association.

All common open space and improvements shall be protected by legal arrangements that are satisfactory to the City and sufficient to assure their maintenance and preservation for the purposes intended. Covenants or other legal arrangements shall specify ownership of the common open space and common improvements, method of maintenance, responsibility for maintenance, maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain common open space and common improvements will not be dissolved without the consent of the City, and other specifications deemed necessary by the City. (Ord. 3414)

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Sec. 42-218.1. Covenants, Rules and By-laws.

Any restrictive covenants, rules and by-laws of the ownership unit, as prepared in accordance with Chapter 448, Missouri State Statutes, shall be approved by the City before any final plat is recorded. Such documents, once approved, shall become part of the recorded subdivision plat. The covenants and restrictions shall provide:

(a) For the establishment of the condominium or homeowner's association or trust prior to the sale of any property;

(b) For the method of maintenance;

(c) That open space restrictions and maintenance shall be permanent;

(d) That the homeowners are liable for the payment of maintenance fees and capital assessments;

(e) That unpaid homeowner's fees and assessments will be a lien on the property of the delinquent homeowners;

(f) That the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance;

(g) That membership shall be mandatory for each homeowner and any successive buyer;

(h) That each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions;

(i) That any association or trust formed to own and maintain common open space and common improvements will not be dissolved without consent of the City; and

(j) That the City of Rolla shall assume no responsibility for the enforcement of private

restrictive covenants. (Ord. 3414)

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Sec. 42-218.2. Maintenance of Common Open Space and Improvements.

The City may require that, in order to assure adequate maintenance of common open space and improvements, any restrictive covenants, rules and by-laws created for the unit of ownership specify that the City may serve written notice to the association as to their failure to maintain the common open space and improvements in reasonable order. The notice shall describe how the unit of ownership has failed to maintain the common open space and improvements in reasonable condition and shall require that such deficiencies be remedied within thirty (30) days, setting a date and place of a public hearing. Said hearing shall be held within twenty (20) days of notice.

If said deficiencies are not corrected, the City may enter upon the common open space and improvements to maintain the same for one (l) year in order to preserve the taxable values of the properties within the development and to prevent the common open space and improvements from becoming a public nuisance. Entry upon and maintenance of the common open space and improvements shall not grant the public any rights to use the facilities, unless the owners dedicate the same to the public.

At or before the expiration of one (1) year, the City shall give notice and hold another public hearing to determine if the ownership unit is capable of adequately maintaining the common open space and improvements. The City may, at its discretion, continue to maintain the common open space and improvements for one (1 ) or more additional years if it finds that the ownership unit is not able to adequately maintain the common open space and improvements. The rules and by-laws creating the ownership unit shall provide that the cost of such City maintenance shall be assessed ratably against the individual properties within the development that have a right to use the common open space and improvements. This assessment shall constitute a lien against all properties within the unit ownership. (Ord. 3414)

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Sec. 42-218.3. Maintenance Responsibility.

The initial maintenance of the common open space and improvements within the development shall be the responsibility of the developer until the restrictive covenants, rules, and by-laws of the unit of ownership are established and maintenance responsibility is transferred to a duly constituted owner's association. The developer shall retain this maintenance responsibility, regardless of the status of the ownership unit, until fifty (50) percent of the development has been sold to the unit owners or other clients.

The developer maintenance responsibility shall be specifically indicated in a letter of agreement between the developer and the City, submitted at the time of Final Plat Review. (Ord. 3414)

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Sec. 42-219 to 42-220. Reserved.

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Sec. 42-221. Urban Conservation and Redevelopment Areas.

The City Council may permit a modification of the requirements of this Article in an area where an Urban Conservation or Redevelopment Plan, enacted pursuant to Article VI, Sections l9 and 21 of the Constitution of the State of Missouri, has been adopted to encourage urban conservation and support private sector reinvestment. This action may be necessary to encourage projects that conserve and preserve urban resources and that promote the stabilization and economic development of an area, provided the following conditions are met:

(a) The project complies with an approved Urban Conservation or Redevelopment Plan;

(b) The project complies with all ordinances, except those provisions to be modified;

(c) The project does not interfere with easements, roadways, utilities, and public or private rights-of-way;

(d) The project is not injurious to the use and enjoyment of surrounding property;

(e) The project does not create drainage or erosion problems;

(f) The project makes adequate provision for open space and for its maintenance;

(g) An acceptable site plan has been submitted to the planning and Zoning Commission and City Council specifying what provisions of this Article are to be modified and why; and

(h) The City Council may impose conditions to achieve the intent of City ordinances, the intent of the Urban Conservation or Redevelopment Plan or to achieve other public purposes. The applicant must comply or provide adequate assurances that all the conditions will be satisfied as set forth by the City Council. (Ord. 3414)

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Sec. 42-222. Family Child Care Homes.

A permit application for a family child care home shall be completed and filed with the Community Development Department on forms prescribed for that purpose and accompanied by a processing fee of fifty dollars ($50.00). Family child care homes shall satisfy, in addition to satisfying all Missouri Department of Health and Phelps/Maries County Health Department standards, the following requirements as a condition for receiving a permit from the City of Rolla:

(a) The residence for which a permit is sought shall be the permanent residence of the child day care provider (operator);

(b) No alteration of the principal residential building shall be made that changes the character or appearance of the building so as to be inconsistent with the appearance of dwellings in the immediate area around the family child care home.

(c) No person, other than someone related by blood, marriage, adoption or custodial relationship to the operator and who also resides in the dwelling unit, shall be employed in the family child care home;

(d) Outdoor play areas shall be located in the rear yard of a family child care home; and

(e) One (1) exterior, flush-mounted attached sign is permitted not to exceed one (1) square foot in area. (Ord. 3517, §1)

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Sec. 42-223. Reserved.

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Sec. 42-224. Residential Group Homes - Purpose.

Residential group homes for eight (8) or fewer unrelated mentally or physically handicapped persons that may include up to two (2) house parents or guardians when:

(a) The structure, building, landscaping, fencing, etc. for the residential group home suits the character of the immediate neighborhood.

(b) There are no other residential group homes within fifteen hundred (1,500) feet.

(c) No sign identifying the residential group home exceeds four (4) square feet in area.

(d) Signs may not be illuminated and must be attached to the residential group home.

(e) There are no more than two (2) residents per bedroom. (Ord. 3414)

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Sec. 42-225 to 42-226. Reserved.

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Sec. 42-227. Screening and Fencing - Purpose.

To encourage the most appropriate use of land and protect the privacy and property values of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required by this Division. (Ord. 3414; Ord. 3886 §1)

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Sec. 42-227.1. Location and Height.

The following shall be required in addition to any required landscaping or buffer-yard.

(a) Off-street parking areas.

(1) Where an open off-street parking area for a multi-family residential use contains five (5) or more off-street parking spaces and is adjacent to an R-1 or R-2 District, screening of not less than four (4) feet in height and meeting the requirements of Section 42-211, Vision Obstruction Restrictions, shall be erected separating the off-street parking area from the adjacent residential district. No screening is required for parking spaces fronting a public right-of-way, except as required under Section 42- 230.5.(2).

(2) Where an open off-street parking area for a nonresidential use is in or adjacent to any residential district, screening of not less than four (4) feet in height and meeting the requirements of Section 42-211, Vision Obstruction Restrictions, shall be erected separating the parking area from the adjacent residential district. No screening is required for parking spaces fronting a public right-of-way, except as required under Section 42-230.5 (2) or if a buffer-yard is required under Section 42230.6.

(b) Consolidated refuse storage areas, for all uses other than single family and two-family dwellings, visible from the adjacent property lines shall be visually screened by a solid fence or wall, not less than the height of the refuse storage containers, on all sides except the side used for refuse pick-up service.

(c) Maximum fence height in areas zoned for residential use or in the C-O (Office District) and C-1 (Neighborhood Business District) shall be limited to seven (7) feet, except as provided in Section 42-211.1.

(d) Maximum fence height in areas zoned C-2 (General Retail District), C-3 (Highway Commercial District) and CC (Center City District) shall be limited to eight (8) feet, except as provided in Section 42-211.1.

(e) Fence height restrictions do not generally apply in areas zoned for M-1 (Light Manufacturing District) and M-2 (Heavy Manufacturing District). However, fence height shall be limited to (8) feet, except as provided in Section 42-211.1, when such lots or tracts abut property zoned for residential use and where the fence height and location would adversely affect sight distance at intersections. (Ord. 3414; Ord. 3886, §1)

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Sec. 42-227.2. Screening and Fencing Standards.

(a) Property owners may elect to use permanent material such as wood, chain link, stone, brick, decorative wrought iron, concrete block or other materials that are similar in durability to satisfy screening and fencing requirements.

(b) A landscaped earthen berm having side slopes with at least two (2) feet of horizontal distance for each foot of height may be used to satisfy screening requirements.

(c) An evergreen hedge may be used if the shrubs or trees measure at least two-thirds (2/3) of the minimum required height when planted and form a continuous, solid, visual screen.

(d) Property owners may not use the following materials for fencing:

  1. Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence;
  2. Plywood less than five-eight (5/8) inches thick and/or plywood not of a grade approved for exterior use, particle board, paper, visqueen plastic, plastic tarp, or sheet metal;
  3. Electrified fencing, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be prohibited, unless used in an RR (Rural Residential District), commercial or manufacturing zoning district if approved for use by the Codes Administrator.

(e) All wooden fencing shall be installed finished-side facing out to any adjoining lot or street.

(f) No provision of this Article shall be construed as granting a right for a property owner to erect a fence or wall on a public easement for any purpose. (Ord. 3414; Ord. 3886, §1)

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Sec. 42-227.3. Maintenance.

Property owners shall be responsible for maintaining the required screening materials in a neat and orderly manner at all times. Plant materials which die shall be replaced with healthy plant materials of similar variety and meeting the size requirements of this Section. (Ord. 3414; Ord. 3886, §1)

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Sec. 42-227.4. Additional Screening and Fencing.

The City may require screening and fencing of outside storage and display areas in nonresidential districts in addition to or in lieu of the requirements of this Article. The screening or fencing shall be of adequate height to effectively mask the specified area, but in no instance shall the screening or fencing be above seven (7) feet in height. (Ord. 3414; Ord. 3886, §1)

Sec. 42-227.5. Buffer Areas.

Whenever a buffer-yard is required per this Article, the screening required by this section shall be construed to be an additional requirement. (Ord. 3886, §1)

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Sec. 42-228 to 42-229. Reserved.

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Sec. 42-230. Landscaping and Buffer-Yards - Purpose.

These regulations provide standards and criteria for landscaping in all new construction projects which are intended to enhance the value of property, provide buffers between dissimilar uses, improve the physical appearance of the City and maintain an ecological balance. Landscaping and buffer-yards are intended to lessen the adverse impacts of more intense land uses when they are adjacent to less intense uses. Rural residential, single-family and two-family development, and uses in the C-O Office District are exempt from these regulations because such uses rarely create adverse impacts. (Ord. 3414)

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Sec. 42-230.1. Screening and Fencing.

All screening or fencing under this Section shall be in addition to any buffer-yard or area required in Section 42-23 l . (Ord. 3414)

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Sec. 42-230.2. Enforcement.

In the event of a nonconformity with the standards and criteria of this Section, property owners, including any known tenants or agents, shall be notified citing the violation and describing what actions are required to comply with this Section. The owner, tenant, or agent shall have thirty (30) days from the notice date to restore the required landscaping. Failure to comply with the notice shall be considered a violation of this Article. (Ord. 3414)

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Sec. 42-230.3. Maintenance.

The property owner shall at all times remain responsible for maintaining all required landscaping in a neat and orderly manner. Plant materials shall be maintained in a healthy and growing condition that is appropriate for the season of the year. Dead plant materials shall be replaced with a similar variety plant material meeting the size requirement of this Section. (Ord. 3414)

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Sec. 42-230.4. General Standards for Trees.

Trees referred to in this Section shall be of a species common to or adapted to this area of Missouri as documented by the Missouri Department of Conservation. Caliper measurements shall be taken six (6) inches above grade. Trees shall have the following characteristics:

(a) Canopy trees shall be deciduous trees that have a minimum height of thirty (30) feet at maturity. All canopy trees shall have a minimum caliper diameter of one and one-half ( l l/2) inches at the time of planting.

(b) Under-story trees shall be deciduous trees that have a maximum height of less than thirty (30) feet at maturity. All under-story trees shall have a minimum caliper diameter of one (l ) inch at time of planting.

(c) Ornamental trees shall be flowering deciduous trees. All ornamental trees shall have a minimum caliper width of one (l ) inch at time of planting.

(d) Evergreen or conifer trees shall have a minimum height of twenty (20) feet at maturity. All evergreen trees shall be at least six (6) feet high at time of planting.

(e) Smaller trees may be substituted where the applicant establishes that the location of driveways or unique physical characteristics of the property would not allow the plantings as required.

The Community Development Director may waive rules regarding setbacks and buffer- yards to preserve trees of exceptional quality due to size, large canopy cover, trunk diameter, rarity, age or species when written consent has been received from the owners of abutting property. Where such written consent is not filed, waiver may be granted by the Board of Adjustment as a variance according to the standards, notice and other procedures pertaining to variances. (Ord. 3414)

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Sec. 42-230.5. Minimum Requirements for Off-Street Parking Areas.

Interior and perimeter of parking lots shall be landscaped in accordance with the following criteria. Lots of one (1) acre or less shall be exempted from this regulation as are parking areas which are located under, on, or within buildings.

(a) Development sites containing parking areas totaling thirty (30) or more parking spaces or the gross area is twelve-thousand (12,000) or more square feet, shall provide a minimum of five (5) percent of the parking area for landscaping. Additional requirements include:

(1) All landscape areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs;

(2) There shall be a minimum of two (2) under-story trees or one (1) canopy tree planted for each thirty (30) parking spaces or twelve-thousand (12,000) square feet of parking area, or fraction thereof; and

(3) Interior parking areas shall contain planting islands located so as to best relieve the expense of paving. Interior planting areas shall be a minimum of one-hundred (100) square feet for each under-story tree and two-hundred (200) square feet for each canopy tree dimensioned in such a way as to provide a suitable area for planting.

(b) Perimeter landscaping shall be provided where a parking lot is within twenty (20) feet of a public right-of-way line and there is not an intervening building. Whenever a parking lot abuts a public right-of-way, a perimeter landscape area of at least five (5) feet in depth shall be maintained on private property and may include any required setback area. All necessary access ways shall be permitted through all such landscaping areas. (Ord. 3414; Ord. 3493, §8)

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Sec. 42-230.6 Buffer-Yard Standards.

Buffer-yards shall be required as shown on the Table of Buffer-yard Requirements. A buffer-yard shall be provided for a proposed commercial or industrial development when it will be located in a zoning district listed in the left-most column of the table and the development is adjacent to a zoning district listed across the top of the table. Commercial or industrial developments adjacent to a PUD district shall provide a buffer-yard based on the corresponding zoning district of the existing or proposed uses permitted in the PUD district as determined by the Community Development Director. Buffer-yards are not required if there is an intervening public street between the districts with a right-of-way width of fifty (50) feet or more or if a railroad right-of-way separates the two districts.

All or a portion of a buffer-yard may be used to satisfy a required setback, but in no instance shall parking spaces or outside storage/display be permitted in a buffer-yard.

Table of Buffer-Yard Requirements

Adjacent Zoning District

R-R R-1 R-2 R-3 GI C-O C-1 C-2 C-3 M-1 PM-2 PUD

Development

Zoning

District

C-1 B B A A A A * * * * * A

C-2 D D C C C C * * * * * C

C-3 E E C C C C * * * * * C

M-1 F F E E D D C C C * * C

M-2 G G F F E E D D D C * C

* No buffer-yard required

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Sec. 42-230.7. Buffer-Yard Definitions.

(a) Buffer-yards are defined in terms of the number of plant units required for each one-hundred (100) linear feet. The number of plant materials required shall be rounded up when a fraction is calculated. Property owners may increase the width and planting density of the buffer-yard.

Required plantings per 100 linear feet

Canony tree(s) Under-story trees Evergreen trees Shrubs

Buffer yard A 1 1 2 10

Buffer yard B 1 2 2 12

Buffer yard C 3 2 2 16

Buffer yard D 3 3 4 20

Buffer yard E 4 3 4 24

Buffer yard F 4 4 5 28

Buffer yard G 5 4 5 34

(b) Buffer-yards A and B shall have a minimum width of fifteen (15) feet.

Buffer-yards C and D shall have a minimum width of twenty (20) feet.

Buffer-yards E and F shall have a minimum width of thirty (30) feet.

Buffer-yard G shall have a minimum width of thirty-five (35) feet.

(c) The minimum buffer-yard width may be reduced by fifty (50) percent if the property owner elects to install a six (6) foot solid wood fence, a six (6) foot solid masonry/brick wall or a six (6) foot solid evergreen hedge. (Ord. 3414)

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Sec. 42-231.8. Sight Distance and Utility Easements.

(a) Strict compliance with these landscaping requirements shall not be required if it would cause visibility obstructions, particularly at intersections. The requirements set forth herein may be modified by the Community Development Director to the extent necessary to mitigate unnecessary economic hardship.

(b) Buffer-yard and parking lot perimeter landscaping shall be provided in such a requirements set forth herein may be modified to the extent necessary to manner as to minimize their impact on utility construction and maintenance requirements. Plantings on utility easements shall be limited to ornamental or under-story trees, shrubs and hedges. In this instance, each required canopy tree shall be replaced with two (2) ornamental or under-story trees to reduce conflicts with overhead utilities. Plantings in or adjacent to a utility easement shall be coordinated with the effected utility company. (Ord. 3414)

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Sec. 42-231 to 42-233. Reserved

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ARTICLE III ZONING

DIVISION 16. CONDITIONAL USE PERMITS

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Sec. 42-234. Purpose of Conditional Use Permits

The conditional use permit procedure is designed to provide the Planning and Zoning Commission and the City Council with an opportunity for discretionary review of requests to establish uses or construct structures which may not be specifically allowed in a given zoning district, but may be deemed desirable or in the public interest to locate in that zoning district. The purpose of the review is to determine whether the proposed location of the use or structure is consistent with the overall intent of the zoning district regulations and to permit the imposition of conditions designed to minimize or mitigate potential adverse effects. Conditional Use Permits do not constitute a zoning change and only allow for a designated use, on a specific lot or tract, within the established zoning district. Conditional Use Permits shall not be required within the Planned Unit Development "PUD" District. (Ord. 3414)

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Sec. 42-234.1. Procedures.

A Conditional Use Permit may be initiated by an application by one or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives. Procedures for application, review, and approval of Conditional Use Permits shall be as follows:

(a) An application for a Conditional Use Permit for a specific tract of land shall be addressed to the Planning and Zoning Commission and shall be filed with the Community Development Director. The application shall be filed on forms prescribed for that purpose and be accompanied by the following:

(1) Filing Fee of two hundred dollars ($ 200);

(2) The applicant's name and address and legal interest in the subject property,

(3) The owner's name and address, including trustees, and, if different than the applicant, the owner's signed consent to the filing of the application and authorization for the applicant to act in his behalf;

(4) The legal description of the property;

(5) The zoning classification and present use of the property;

(6) A description of the proposed conditional use;

(7) A Site Plan in accordance with this Section;

(8) A statement describing how the proposed conditional use will comply with the applicable standards of this Section; and

(9) A statement describing how the proposed conditional use is to be designed, arranged and operated in order to ensure that future development that is consistent with District regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected.

(b) Site Plan content.

(1) Approximate location of proposed and existing designated uses or buildings and other structures, including adjoining property, as well as parking and open areas shall be indicated for the proposed conditional use and adjacent property;

(2) Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Flood plain areas shall be delineated;

(3) Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses and proposed landscaping/screening plan;

(4) An elevation view of the site showing preliminary building form ( new construction only);

(5) Proposed ingress and egress to the site, including right-of-way and pavement width for proposed and existing streets;

(6) A plan for the provision of sanitation and drainage facilities;

(7) The location, lighting and type of signs and the relationship of signs to traffic control;

(8) The location and number of required off-street parking areas; and

(9) The location of existing utilities.

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Sec. 42-234.2. Burden of Proof/Standards.

In presenting any application for a Conditional Use Permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following standards:

(a) The proposed conditional use complies with all applicable provisions of the applicable District regulations.

(b) The applicant has demonstrated through the provision of a traffic impact study or other acceptable method that the proposed conditional use at the specified location will not adversely affect the safety of the motoring public and pedestrians using the facility and surrounding area from traffic congestion or other hazards.

(c) The location and size of the conditional use, the nature and intensity of operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning District regulations or the policies of the Rolla Comprehensive Plan. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:

(1) The location, nature and height of buildings, structures, walls, and fences on the site,

(2) The nature and extent of proposed landscaping and screening on the site,

(3) The noise characteristics of the use compared to the typical use in the District and any reduction solutions;

(4) The potential glare of vehicles and stationary lights on site and any measures employed to mitigate their impact;

(5) Sign location, type, size, and lighting, and

(6) The impact on or potential interference with any easements, roadways, driveways, rail lines, utilities and storm water management systems.

(d) Off-street parking and loading areas will be provided in accordance with the standards set forth in this Article.

(e) Adequate utility, drainage, and other such necessary facilities have been or will be provided.

(f) The proposed uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential, convenient, or desirable to preserve and promote the public health, safety, and general welfare of the City of Rolla. (Ord. 3414)

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Sec. 42-234.3. Public Hearing.

(a) The Planning and Zoning Commission in accordance with the provisions of this Article shall hold a public hearing on the application for a Conditional Use Permit.

(b) Subsequent to the public hearing, the Community Development Director shall certify that the application is complete and shall prepare a report to the Planning and Zoning Commission. Upon receipt of said report and after the holding of a Public Hearing, the Commission shall recommend to the City Council approval or denial of the Permit. (Ord. 3414)

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Sec. 42-234.4. Approval or Denial of a Permit by the Planning and Zoning Commission.

(a) In recommending approval of conditional uses, the planning and Zoning Commission shall impose such conditions as it determines necessary. Said conditions shall include but not be limited to the following:

(1) Permitted uses, including maximum floor area;

(2) Performance standards;

(3) Height limitations,

(4) Minimum yard requirements;

(5) Off-street parking and loading requirements;

(6) Sign regulations;

(7) Minimum requirements for Site Plans; and

(8) Time limitations for commencement of construction.

(b) Upon denial by the Planning and Zoning Commission of an application for a Conditional Use Permit, the Community Development Director shall notify the applicant of such recommendation. If no appeal is filed, the application shall be deemed denied. No subsequent application for a Conditional Use Permit with reference to the same proposed use shall be filed by any applicant until the expiration of twelve (12) months after the denial. (Ord. 3414)

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Sec. 42-234.5. Appeal of Denial Recommendation.

Upon the recommendation of denial by the Planning and Zoning Commission of an application, the applicant may file an appeal with the City Council requesting a determination by that body. A Notice of Appeal shall be filed within ten (10) days after the Commission's hearing is concluded. An appeal shall be in writing and shall be filed in duplicate with the City Clerk. The applicant shall have an additional thirty (30) days to file the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in these regulations. (Ord. 3414)

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Sec. 42-234.6. Protest of the Commission's Decision.

A protest against a proposed Conditional Use Permit may be filed in accordance with the provisions of this Article that address protest petitions for zoning cases. (Ord. 3414)

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Sec. 42-234.7. City Council Review.

In any case, subsequent to proper notification as described above, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. (Ord. 3414)

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Sec. 42-234.8. Permit Effective-When.

The Conditional Use Permit shall become effective upon approval by the City Council. In the event that some additional approval is required by some other governmental authority or agency, the permit request shall not be acted upon until that approval is received. (Ord. 3414)

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Sec. 42-234.9. Final Site Plans.

Subsequent to the effective date of the Conditional Use Permit, a Final Site Plan shall be submitted for review by the Community Development Director to determine compliance with the specified conditions of the permit. The plan shall contain the minimum requirements established in the conditions governing the permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit shall be issued prior to the effective date of the Final Site Plan. The Final Site Plan shall be retained on file in the office of the Community Development Director. (Ord. 3414)

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Sec. 42-234.10. Procedure to Amend a Conditional Use Permit or Site Plan.

In order to amend an existing Conditional Use Permit or to amend the Site Plan approved for a Conditional Use Permit, the procedure shall be as follows:

(a) To amend a Conditional Use Permit:

(1) The property owner or authorized representative shall submit a written request to amend conditions. The Community Development Director shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

(2) The Community Development Director shall then forward the request and his report to the Planning and Zoning Commission. The Commission shall review the proposed amendments and file a report with the City Council in which the Commission shall recommend to grant, deny or modify the requested condition amendments. If the Commission determines that the requested amendments are not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Commission may require a new public hearing on the matter in accordance with the provisions of this Article specified for amending the Zoning Ordinance.

(b) To amend the Site Plan:

(1) The property owner or authorized representative shall submit an amended Site Plan for review. The Community Development Director shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally approved by the City Council.

(2) If the Community Development Director determines that the proposed amendment to the Site Plan is not in conflict with the Final Site Plan, and meets all conditions of the Conditional Use Permit, the Community Development Director may approve said amended Plan. The approved Plan shall be retained on file in the office of the Community Development Director.

(3) If the Community Development Director determines that the Site Plan is not consistent in purpose and content with the Final Site Plan, the Community Development Director shall so report to the applicant and the Planning and Zoning Commission. In which case, the review process for the submittal of Conditional Use Permits shall be followed as described under Sec. 42-317 for the proposed amendment to the Final Site Plan.

(Ord. 3414)

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Sec. 42-234.11. Time Limit of Conditional Use Permits.

Conditional Use Permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the Conditional Use Permit be reviewed by the City Council, which may extend it for an unlimited period or for a specified additional period of years. (Ord. 3414)

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Sec. 42-234.12. Failure to Commence Construction.

Unless otherwise stated in the Conditional Use Permit, substantial work or construction shall commence within one (l) year of the effective date of the permit, unless such time period is extended through appeal to the City Council. If no extension of time is granted the permit shall terminate. (Ord. 3414)

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Sec. 42-235. Bed and Breakfasts-Purpose.

The purpose of these requirements is to minimize any possible adverse effects of a bed and breakfast on the surrounding neighborhood while providing opportunities to make better use of existing housing, particularly larger, older houses located on major streets. (Ord. 3414)

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Sec. 42-235.1. Approval Standards.

(a) All applicants for a Conditional Use Permit for bed and breakfasts shall comply with the following requirements:

(1) The use shall front on a collector street or higher classification street;

(2) The number of proposed guest rooms in the bed and breakfast shall be stated in the Conditional Use Permit application;

(3) Only short-term lodging shall be permitted, no monthly rentals.

(4) There shall be no individual cooking facilities.

(5) The facilities may be rented for receptions, parties, weddings or similar activities. Potential negative impacts, including, but not limited to, traffic, parking and noise, shall be addressed in the use permit application.

(6) One (1) additional paved parking space per guest room shall be provided in the rear yard.

(7) The operator shall live at the bed and breakfast.

(8) Only resident's guests shall be served meals.

(9) One (1) sign no larger than six (6) square feet shall be permitted. Signs may be illuminated.

(10) A business license shall be obtained annually.

(11) No bed and breakfast shall be located within three-hundred (300) feet of another bed and breakfast as measured along continuous public street rights-of-way from all streets abutting the bed and breakfast property, nor shall a bed and breakfast be located on property that abuts property on which another bed and breakfast is located. (Ord. 3414)

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Sec. 42-236 to 42-238. Reserved.

DIVISION 17. OFF-STREET PARKING

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Sec. 42-239. Parking Spaces Provided.

In all zoning districts off-street parking facilities shall be provided for the temporary storage or parking of motor vehicles for the use of occupants employees and patrons of buildings or structures constructed after the effective date of this Ordinance. (Ord. 3414)

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Sec. 42-239.1. Parking Space Defined and Computed.

A "parking space" shall mean a space of approximately two hundred (200) square feet, exclusive of drives or aisles giving access thereto, accessible to streets or alleys or aisles leading to streets or alleys and to be usable for the storage or parking of motor vehicles. Truck loading and unloading space as may be required by ordinance shall not be construed as supplying required off-street parking space. When a determination of the number of parking spaces required by this Division results in a fractional space, the fraction shall be counted as one (1) parking space. (Ord. 3414)

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Sec. 42-239.2. Shared Parking Areas.

The parking spaces required of two (2) or more uses located on the same lot may be combined and used together, however the aggregate number of off-street parking spaces required for all such uses shall be provided. (Ord. 3414)

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Sec. 42-239.3. What Various Terms Include.

(a) Floor Area: In the case of offices, merchandising or service types of uses shall mean the gross floor area used or intended to be used for a service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise, for show windows, or for offices incidental to the management or maintenance of stores or buildings. Floors or parts of floors used principally for toilet or rest rooms or for utilities, or for fitting rooms, dressing and alterations rooms, halls, storage rooms, file rooms, stairways, elevators shall be excluded.

(b) Hospital Beds: In hospitals, bassinets shall not be counted as beds.

(c) Seating Space: In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty (20) lineal inches of such seating facilities shall be counted as one seat for the purpose of determining requirements hereunder.

(d) Number of Employees: The number of employees shall be computed on the basis of the greatest number of persons to be employed at any one period during the day or night. (Ord. 3414)

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Sec. 42-239.4. Cooperative Parking Facilities.

A Cooperative Parking Plan may be approved by the City to allow more flexibility in the provision of required parking facilities. In this instance, not more than fifty (50) percent of the off-street parking spaces required for a use or structure may be located on another site or lot. A Cooperative Parking Plan shall only be approved when the schedules of operation of all uses subject to the Plan are sufficiently staggered such that they are not normally open, used, or operated during the primary operating hours of the other uses. The use of shared parking shall not be a matter of right, it being intended that the City shall have discretion to approve a Cooperative Parking Plan based on the review of plans and other information submitted by the applicant subject to the requirements for off-street parking in this Division. (Ord. 3414)

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Sec. 42-239.5. Cooperative Parking Plan Application.

The owners of the entire land area to be included in the Plan shall file an application for a Cooperative Parking Plan with the Community Development Director. The application shall include plans showing the location of the use, buildings, or structures for which shared off- street parking spaces are to be provided, the location and layout of the parking area, and a parking demand schedule. A parking demand schedule shall include:

(a) The hours of operation of each building, structure, or use which is to be party to the Cooperative Parking Plan, and

(b) The projected parking demand for each building, structure, or use during each hour of the day for a typical week. Hourly parking demand may be averaged for week days, but shall be separately stated for Saturday and Sunday. (Ord. 3414)

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Sec. 42-239.6. Cooperative Parking Plan Approval/Amendment.

Cooperative Parking Plans may be amended or withdrawn, pursuant to the process for the initial approval, provided that all parties to the Cooperative Parking Plan consent and that the parking regulations of this Division are substantially satisfied. (Ord. 3414)

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Sec. 42-239.7. Location of Parking Facilities.

No motor vehicle or trailer shall be parked in the required front yard of a lot or tract in any Residential District or a lot or tract used for residential purposes in any other District, excluding lots or tracts in the R-R Rural Residential District, except on a driveway or an impervious surface leading to a required off-street parking space(s). (Ord. 3414)

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Sec. 42-240. Required Spaces.

(a) Residential and Lodging Uses:

(b) Business and Commercial Uses:

(c) Industrial and Warehouse Uses:

(d) Schools, Institutions and Places of Public Assembly:

(Ord. 3414)

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Sec. 42-241. Parking Area Surface.

Every parking and/or driving surface area shall be paved with an all weather surface. Such requirement shall only apply to areas used for parking or on-site traffic circulation. The exits and entrances shall be approved by the City Engineer. Driving surfaces shall be constructed to meet the requirements of existing or developed soil conditions of the site. These areas shall be constructed with a crushed stone base course and an asphaltic concrete wearing surface. Both courses must be compacted to a density of not less than ninety-five (5) percent of the standard compacting test. In lieu thereof, the parking and/or driving surface area may be constructed of a Portland concrete wearing course. As a minimum, the pavements shall meet the requirements of cul-de-sac as outlined in the current City design standard manual. The developer shall be responsible for determining any site soil conditions and the selection of the pavement used. If weather conditions limit the completion of the parking lot at the time of the issuance of a certificate of occupancy, the owner may, with the approval of the City Engineer, post a performance bond with the City to guarantee the completion of this work.

(Ord. 3414; Ord. 3611, §7; Ord. 3748, §11)

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Sec. 42-241.1. Parking Area Lights.

Any lights used to illuminate parking areas shall be so arranged and hooded as to confine all direct light rays entirely within the boundary lines of the parking area. (Ord. 3414)

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Secs. 42-242 to 42-243. Reserved.

DIVISION 18. SIGNS.

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Sec. 42-244. Purpose of Sign Regulations.

The purposes of these sign regulations are: (1) to encourage the effective use of signs as a means of communication in Rolla; (2) to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; (3) to promote pedestrian and traffic safety; (4) to minimize the possible adverse effect of signs on the enjoyment and economic value of nearby public or private property; (5) and to enable the fair and consistent enforcement of these restrictions. (Ord. 3414)

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Sec. 42-244.1. Definitions.

(a) Animation: Any action or motion other than flashing lights and automatic changeable copy in an attempt to develop a pictorial scene through the movement of lights or parts of a sign.

(b) Attached Sign: Any sign substantially and permanently attached to, applied on, structurally connected to, painted on, or supported by, any part of a building.

(c) Copy: The letters, figures, characters, representations, pictures or wording on a sign, including any identification, description, symbol, trademark, object, design, logo, illustration, or device illuminated or non illuminated which directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem or painting designed to advertise, communicate, identify, or convey information.

(d) Billboard: An off-premise sign.

(e) Detached Sign: Any freestanding sign, and including any inoperable vehicle or any trailer located for the primary purpose of advertising.

(f) Directional Sign: An on-premise informational sign.

(g) Effective Area: The effective area of sign shall be computed from the area enclosed by the perimeter upon which sign copy are placed, except that when individual letters, numbers, logo, etc. are mounted individually and directly upon a building surface without a change in color or appearance of the surface background, the effective area of the sign shall be deemed to be the rectangle or other geometric form that encompasses the letters, numbers, logo, etc. One (l) face of a double-sided sign shall be used to determine effective area.

(h) Freestanding Signs: A sign supported permanently upon the ground by poles or columns installed in the ground or mechanically fastened or welded to a foundation installed in the ground and are independent from any building or other structure. All freestanding signs, supports, and foundations shall be designed to withstand all required loads imposed at any point upon the sign.

(i) Internally Illuminated Signs: Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than reflected off the surface of the sign from an external source.

(j) Off-Premise Sign: Any sign intended or used to advertise or inform the public of uses, goods, services offered off the premises where the sign is located.

(k) On-Premise Sign: Any sign designating the name of the owner or occupant of the premises upon which the sign is placed, or identifying such premises; or advertising goods manufactured or produced or services rendered on or listing the sale or lease of, the premises upon which the entire sign is located.

(l) Permanent Sign: Any sign that is not a portable or a temporary sign. Permanent signs may be freestanding (detached) or attached to a building or other structure.

(m) Portable Sign: Any sign not permanently attached to the ground or to a permanent structure or building; or a sign designed to be transported or moved by lifting, hoisting, or hauling. This definition includes portable signs that are designed to be transported by means of wheels; signs converted to "A" or "T" frames, menu or sandwich board signs; balloons and other inflatable objects used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said signs are exempt vehicular signs, as defined herein.

(n) Street Frontage: The distance for which a lot line adjoins a public street right-of-way, from one lot line intersecting the right-of-way to the furthest distant lot line intersecting the same right-of-way.

(o) Temporary Sign: A sign that meets the definition of a portable sign, as defined herein.

(Ord. 3414; Ord. 3542, §1; Ord. 3566, §4; Ord. 3611, §8)

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Sec. 42-244.2. Exempt Signs.

The following signs shall not require the issuance of a sign permit, but must conform to other City codes. These signs are allowed in addition to all other signs allowed under this Article.

(a) Address Numbers and Name Plates: Address numbers for each residential and business building shall not exceed one (1) square foot in effective area per character, and one (1) name plate not exceeding two (2) square feet in effective area per dwelling unit or business.

(b) Banner Sign: A sign of lightweight, flexible fabric or similar material that is attached to a structure or building at one or more edges. National, state, and municipal flags, or the official flag of any other public or private entity, shall not be considered as banners. Banner signs may not be posted for more than thirty (30) days per four (4) month period per premise. (Ord. 3566, §5; Ord. 3611, §9)

(c) Directional Signs: Detached on-premise directional signs that do not exceed five (5) square feet in effective area. No part of the sign shall exceed four (4) feet in height above finished grade, excluding berms or other landscaping features.

(d) Flags: Any lightweight fabric, bunting, or similar highly flexible material containing the distinctive colors, patterns, or designs used as a symbol of any government, political subdivision, or other public or private entity. (Ord. 3611, §9)

(e) Temporary Displays: Non commercial signs, flags, banners, or other materials displayed in conjunction with traditionally accepted patriotic, religious, or seasonal celebrations, holidays, community events, or charitable drives. (Ord. 3611, §9)

(f) Government Signs: Any sign erected or maintained by or for any agency of government pursuant to and in discharge of any government function or required or authorized by law, ordinance, or governmental regulations.

(g) Political Signs: Temporary political signs announcing the candidates seeking public office and other pertinent information. Political signs shall be removed within fourteen (14) days following a general election.

(h) Internal Signs: Any on premise sign located entirely within a building. (Ord. 3611, §9)

(i) Neighborhood Identification Sign: A detached sign, masonry wall, landscaping or similar material or features which, when combined, form a display for neighborhood or tract identification consisting of the neighborhood, subdivision, tract, or historic district name.

(j) Real Estate Sale, Lessee and Construction Signs: A detached or attached non illuminated temporary on-premise sign pertaining to the construction, sale, or lease of that premise, not to exceed thirty-four (34) square feet in effective area in the Rural Residential District or commercial or industrial zones and not to exceed six (6) square feet in effective area in other residential zones. Real estate, lessee and construction signs shall be removed within fourteen (14) days after closing of the sale or lease or within thirty (30) days after the completion of construction.

(k) Vehicular Signs: Any permanently attached vehicular sign advertising a business which regularly uses the vehicle for transportation off-premise and is licensed by the State of Missouri for current operation. :

(l) Inflatable Display Objects: (Repealed by Ord. 3542, §2).

(m) Miscellaneous Exempt Signs:

  1. Signs located on machinery or equipment which are necessary and customary to a business, such as gasoline pumps or vending machines.
  2. Temporary residential garage, estate, or public auction sale signs.
  3. Signs used as part of a public bench provided it does not interfere with driver vision or pedestrian movement.
  4. Signs on facilities located in public places that provide information that is incidental to a sponsored activity, such as a scoreboard or time clock.
  5. Building memorial signs or tablets reflecting building names, construction dates, and other relevant information when cut into any masonry surface, cast in metal, or constructed of other non-combustible material.
  6. On-premise attached bulletin boards no more than thirty-four (34) square feet in area for public, not-for-profit, or religious institutions. Such signs may only be internally illuminated.
  7. Temporary attached or detached signs not exceeding six (6) square feet in effective area advertising drives or events of a charitable, educational, or religious nature, provided that such sign shall be posted only during the drive or event for no more than thirty (30) days per year.
  8. Historic landmark signs attached to any locally or nationally designated historic site, landmark or used to identify an historic district.
  9. Lettering painted on a window or door of a business; and window signs located inside a building, excluding flashing or animated illuminated signs.
  10. Private parking signs not to exceed three (3) square feet in effective area.

(Ord. 3414; Ord. 3542, §2; Ord. 3566, §5; Ord. 3611, §9)

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Sec. 42-244.3. Exempt Operations.

The following operations shall not require the issuance of a sign permit:

(a) Changing the copy on an existing permitted sign which is specifically designed for the use of manually or automatically changeable copy, including billboard panels and posters; but not including changes in the structure, size, placement, or location of the sign, and

(b) Maintenance, including repainting, cleaning, or other normal repair of an existing sign not involving structural changes in size, location, or placement. (Ord. 3414)

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Sec. 42-244.4. General Sign Provisions.

(a) Except where a building is located within the "CC" Center City District, no private sign shall be allowed to be located within or projecting over any public property. In the Center City District signs, whether attached or detached, shall not project beyond a vertical plane two (2) feet from the curb line and the bottom of said sign shall not be less than ten (10) feet above the highest level of the ground under the sign's lowest point

(b) The following signs are prohibited, which:

(1) Employ flashing or animated features;

(2) Employ any searchlights or strobe lights;

(3) May be confused with or construed as a traffic control sign, signal, or device, or the light of an emergency vehicle or road equipment by reason of their size, location, movement, content, coloring, or manner of illumination; and

(4) Shield from view any traffic control device, sign, signal or other government sign.

(c) Illuminated signs shall be designed, located, and constructed to reduce glare and shall not be placed to permit focused light to be directed or beamed upon a public right-of-way, so as to cause a traffic hazard, or adjacent premises not under the same ownership and control, so as to create a nuisance.

(d) All signs, together with their supports, braces, connections, or anchors shall be kept in good repair. Unsafe signs, damaged, or deteriorated signs, or signs in danger of breaking apart or falling shall be removed or repaired by their owner upon written notice by the City.

(e) Signs may be erected near the intersection of two (2) streets or a driveway/street intersection provided the location of such sign does not create a sight distance problem by obstructing the vision of motorists or pedestrians. The City Engineer shall make this determination.

(f) If required, an application to erect an on-premise sign shall be accompanied by a Sign Plan. Sign Plans shall be consistent with the requirements specified in Section 42-244.8(d). Plans Required. (Ord. 3414; Ord. 3493, §9)

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Sec. 42-244.5. Provisions for Residential Zoning Districts.

(a) General Provisions: Only on-premise signs are permitted. Signs may be internally illuminated.

(b) Detached Signs: One (1) detached sign shall be allowed for each premise containing either a multi-family use (three (3) or more units) or a permitted non-residential use. No detached sign shall exceed sixty (60) square feet in effective area or fifteen (15) feet in height above grade, as measured from the highest part of the sign, excluding supports.

(c) Attached Signs: One (1) attached sign shall be allowed for each premise containing a multi- family use or a permitted nonresidential use. The total effective area shall not exceed two (2) square feet of effective area per lineal foot of wall length upon which the sign shall be mounted. Attached signs shall not extend above the roof line or beyond the wall edge of the building. (Ord. 3414)

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Sec. 42-244.6. Provisions for Signs in Non-Residential Zoning Districts.

(a) General Provisions: No sign shall be permitted within twenty-five (25) feet of a residential zoning district boundary line.

(b) Signs permitted in "C-O" and "C-1" Districts:

(1) Only on-premise detached and attached signs shall be permitted. Illuminated signs must be internally lit.

(2) Permanently attached flush mounted wall signs may be used. The effective sign area available for a single premise shall be limited to two (2) square feet of effective sign area for each lineal foot of building frontage facing a street. In no case shall an attached wall mounted sign project above the roof line or beyond a wall edge. Flush mounted wall signs shall not extend further than eighteen (18) inches.

(3) Projecting signs shall have a minimum clearance of ten (10) feet above grade as measured from the lowest part of the sign and shall not exceed twenty (20) square feet in effective area

(4) A premise shall be permitted one (1) detached sign. The sign shall be limited to a maximum effective area of one hundred (100) square feet and shall be limited to a maximum height of twenty (20) feet as measured from the highest part of the sign, excluding supports.

(c) On-premise signs permitted in any "C-2, C-3, CC, M-1, or M-2" District:

(1) All on-premise signs permitted in the preceding Section, except that a limit of four (4) square feet of effective area shall be permitted for each lineal foot of building frontage facing a street.

(2) On-premise signs may be externally or internally illuminated.

(3) Detached on-premise signs may have one (1) surface containing copy in each direction. The maximum effective area shall be four hundred (400) square feet.

(4 A premise shall be permitted to use up to two (2) detached signs, provided that the signs shall be separated by a minimum spacing of at least five-hundred (500) feet on the same side of the street between all other off-premise or on premise detached signs and are prohibited within one hundred twenty-five feet (125) of any residential zone. Premises may use detached, internally illuminated, menu board signs that do not front on a public right-of-way in addition to other exempt or permitted detached signs.

(5) All detached signs shall be limited to a maximum height of forty (40) feet as measured from the highest part of the sign, excluding supports.

(Ord. 3414)

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Sec. 42-244.7. Temporary Portable Signs.

(a) All temporary portable non-exempt signs are prohibited. The owner(s) of the premise where any temporary portable sign is located or displayed made non-conforming as a result of the adoption of this ordinance shall have sixty (60) days following the said adoption to comply with the provisions of the Planning and Zoning Code, as per the provisions of Section 42-244.9 (g). Non-Conforming Signs. (Ord. 3611, §10)

(b) No temporary portable sign may be located in any parking stall, driveway, or in any required landscaping area. Temporary portable signs may not be attached to any light pole, tree, telephone pole, column, or other structure, excluding signs placed in windows.

(c) In the event a permanent sign is substantially damaged through fire, flood, act of God, insurrection or similar emergency beyond the control of the business owner or occupant, a temporary portable sign shall be allowed for a period of time not to exceed ninety (90) days. (Ord. 3414; Ord. 3542, §3; Ord. 3611, §10)

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Sec. 42-244.8. Outdoor Advertising Structures (Off-premise Billboards).

Outdoor advertising structures, off-premise billboards, shall comply with all the requirements of this Section and shall only be permitted upon property having frontage on either Interstate 44, Highway 63, or Business Loop 44 and zoned C-3, M- 1, or M-2. Within areas zoned Planned Unit Development District, or property in any District upon which a conditional use permit has been issued in the above mentioned corridors, such advertising structures shall only be permitted when specifically authorized upon the final development plan or permit approval. (Ord. 3414)

(a) Area, Height, Location - I-44:

(1) The maximum height of a billboard along Interstate 44 shall not exceed forty-five (45) feet from the highest point on the sign above the natural grade at the base of the sign or the adjacent street grade, whichever is higher. No part of structure shall extend below fifteen (15) feet.

(2) The maximum surface area along Interstate 44 shall be six hundred seventy two (672) square feet with a maximum sign height of 20 feet and a maximum sign width of forty eight (48) feet. The sign shall be limited to two signs in each direction with one message per sign. In no case will the total sign surface in any one direction exceed six hundred seventy two (672) square feet.

(3) Sign spacing along I-44 shall be five hundred (500) lineal feet per side.

(b) Area, Height, Location - Hwy. 63 and Business Loop-44:

(1) The maximum height of a billboard along Highway 63 and Business Loop 44 shall be thirty (30) feet above the natural grade at the base of the sign or the adjacent street grade whichever is higher.

(2) The maximum surface area of a billboard along Highway 63 and Business Loop 44 shall be one-hundred ninety-two ( 192) square feet surface on each side with a maximum sign height of twelve (12) feet and a maximum sign width of twenty four (24) feet. No part of structure shall extend below fifteen (15) feet.

(3) Sign spacing along Highway 63 and Business Loop-44 shall be one thousand (1000) lineal feet per side.

(4) Billboards along Business Loop 44 and Highway 63 shall not exceed two sign surfaces, one surface in each direction, with one hundred ninety two ( 192) square feet surface on each side and not more than two (2) advertising faces on each side.

(5) No sign shall be located within one thousand ( 1000) feet of a residential zoning district.

(6) The minimum front yard setback for such signs shall be fifteen (15) feet from any public right-of-way, and/or private roadway easement. The maximum setback for such sign shall be fifty (50) feet from the public right of way.

(c) Restrictions for all highways:

(1) External lighting of billboards, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed toward any residential structure or into any portion of the main traveled way. The lights should not be of such intensity so as to interfere with the residential use of property or to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.

(2) No such sign shall be located in such a manner as to obstruct or otherwise interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

(3) No part of any billboard shall be located on any public street or private utility easement, drainage easement, or railroad right-of-way.

(4) All lineal distances required by this section shall be measured from the nearest outside edge of the subject sign, whether a support, structural member, or the sign surface itself, to the nearest outside edge of the corresponding sign, building, right-of-way, or easement involved.

(d) Plans Required: An application to erect such a sign shall include the following:

(1) A set of plans, to scale, approved and sealed by a licensed engineer, providing all necessary construction and electrical details of the sign and sign structure, including height.

(2) A Sign Plan, to scale containing:

(i) The proposed location of the sign on the property.

(ii) The distance from the proposed sign location to any buildings upon the property, and adjoining street right-of-way lines, and driveway entrances.

(iii) In conditional use areas, the distance from the proposed sign location to the next nearest billboard sign within one hundred (100) feet on either side of the street in either direction.

(iv) The distance from the proposed sign location to the nearest street intersection in either direction.

(v) Other information deemed necessary by city officials.

(3) A representation of the proposed sign, to scale, including the width and length of the sign faces, and height from surrounding grade.

(4) Construction Specifications: Any sign erected under this Article shall be a single pedestal type, constructed of non-flammable material, excluding wood. Construction of the sign and material specifications shall meet the structural requirements of the City's Building Code.

(Ord. 3414)

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Sec. 42-244.9. Non-Conforming Signs.

(a) All signs, which have been lawfully erected, shall be deemed to be legal and lawful signs and may be maintained in good condition subject to the provisions of this Article.

(b) Non-conforming signs, which become deteriorated or dilapidated, other than by vandalism, to the extent that over sixty (60) percent of the market value they would have if they had been maintained in good repair is lost, must be removed within sixty (60) days or brought into compliance with the provisions of this Article. Nonconforming signs that are damaged, to the extent that sixty (60) percent or less of their physical value is lost, must be repaired within sixty (60) days from the date of notification by the City, or removed. Non-conforming signs, which are damaged by vandalism to the extent that over sixty (60) percent of their physical value is lost, must be restored within ninety (90) days, removed, or brought into compliance. Nonconforming signs abandoned or discontinued for a period of one (1) year shall be removed at the owner's expense. A sign shall be considered abandoned or discontinued if the services or products advertised are no longer available at the destination, or by the directions indicated on the sign, or if the sign no longer has an advertising message other than the name of the sign owner on any part of the sign.

(c) Non-conforming signs may be structurally repaired, but such signs shall not be moved, repaired, enlarged, or increased in height. Non-conforming signs that are enlarged or increased in height in violation of this Article shall be removed immediately.

(d) A non-conforming sign shall not be relocated or replaced, except when such relocation or replacement shall bring the sign into compliance with this Article. Non-conforming signs that are relocated in violation of this Article shall be removed immediately.

(e) Detached signs, billboards, and on-premise attached signs lawfully in existence on June 1, 1999, including such signs existing pursuant to variances granted by the Board of Adjustment, which do not conform to the provisions of this Article, shall be removed, altered or replaced so as to conform to the provisions of this Article no later than June 1, 2013.

(f) The sign face of a non-conforming sign may be altered if the sign face is not thereby enlarged.

(g) Signs which are non-conforming because of their illumination shall be brought into compliance with this Article within sixty (60) days after the effective date of this Article. Non-conforming temporary signs shall also be brought into compliance within sixty (60) days.

(h) In cases of doubt or on a specific question raised whether a non-conforming sign exists, it shall be a question of fact decided by the Codes Administrator, and subject to appeal to the Board of Adjustment. (Ord. 3414)

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Secs. 42-245 to 42-246. Reserved.

DIVISION 19. NON-CONFORMING BUILDING AND USE REGULATIONS

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Sec. 42-247. Purpose.

The purpose of this Division is to recognize the legitimate interests of those who have lawfully established structures, buildings, or uses which are now non-conforming by permitting such non-conformities to be continued. The following regulations, however, are designed to prevent the expansion or extension of such non-conforming structures, buildings, or uses and to enhance the probability that such non-conformities will eventually be made to conform to the provisions of this Article. (Ord. 3414)

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Sec. 42-247.1. Right to Continue Non-conforming Special Use, Exception or Use Permit.

Where a use exists at the effective date of this Article and was permitted by this Article as a Special Use or as a Use Permit, such use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming and duly authorized use. However, the right of a non-conforming Special Use or Use Permit to continue shall be subject to any conditions set when approved and such regulations as pertain to nuisances, property maintenance or other regulations herein contained. (Ord. 3414)

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Sec. 42-247.2. Non-Conforming Lots, Buildings and Structures.

Any lot, building or structure which complies with the use regulations of its respective zoning district, yet does not comply with applicable bulk regulations or lot size or width requirements, may be continued. The owner, occupant or user shall have the burden to show that the lot, building or structure was lawfully established. The following restrictions shall apply:

(a) Repair and Alterations: Repairs and alterations may be made to a non-conforming building or structure, provided that no structural alteration shall be made except those required by law or ordinance, and further provided these regulations shall never be construed to allow an addition to a non-conforming building or structure.

(b) Additions, Enlargements, and Moving: A non-conforming building or structure shall not be added to or enlarged in any manner unless such additions and enlargements are made to conform to all the requirements of the district in which such building or structure is located. Non-conforming buildings or structures shall not be moved in whole or part to any other location on the lot, or on any other lot, unless every portion of such buildings or structures is made to conform to all the regulations of the district in which it is located after being moved.

(c) Restoration of Damaged Buildings: A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity, or act of God, shall not be again restored or used for such purpose if the expense of such restoration exceeds seventy-five (75) percent of the replacement cost of the building or structure at the time such damage occurred. Any non-conforming building or structure partially destroyed may be restored provided restoration is started within twelve months of the date of partial destruction and is diligently prosecuted to completion. Whenever a non- conforming building or structure is damaged in excess of seventy-five (75) percent of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new building.

(d) Change of Use: Where no structural alterations are made in any building containing a non- conforming use, such use may be changed to one of a similar classification, but no building in which a non-conforming use has been changed to a more restricted use shall again be devoted to a less restricted use. (Ord. 3414)

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Sec. 42-247.3. Effect of Vacancy.

A vacant, non-conforming building or structure lawfully constructed may be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the effective date of this Article. The use of a nonconforming building or structure lawfully constructed which becomes vacant after the effective date of this Article may also be occupied by the use for which the building or structure was designated or intended, if so occupied within a period of one (1) year after the building becomes vacant. (Ord. 3414)

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Sec. 42-247.4. Non-Conforming Uses.

Any legal non-conforming use of part or all of a building or structure, or any lawfully existing non-conforming land use, not involving a building or structure or only involving a building or structure which is accessory to the primary land use, may be continued. The owner, occupant, or user shall have the burden to show that the use was lawfully established. The following restrictions shall apply to legal non-conforming uses:

(a) Expansion Prohibited: A non-conforming use of an otherwise conforming building or structure (e.g., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use. If such non-conforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

(b) Extension of Non-Conforming Use: A non-conforming use shall not be extended, expanded, enlarged, or increased in intensity. An extension of a lawful use to any portion of a legal non- conforming building or structure, which existed prior to the enactment of this Article, shall not be deemed the extension of such non-conforming use.

(c) Remodeling: No building or structure that is devoted in whole or in part to a non-conforming use shall be remodeled, if structural alteration is required, unless the entire building or structure and the use thereof shall conform to all regulations of the zoning district in which it is located. Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls or partitions, fixtures, wiring or plumbing, may be performed on any building or structure that is devoted in whole or in part to a non-conforming use without limitation.

(d) Continuation of Non-Conforming Use of Land: A non-conforming land use existing at the time of the effective date of this Article may be continued under the following conditions:

(1) That no such non-conforming land use shall in any way be extended either on the same or adjoining property;

(2) That if such non-conforming land use or any portion thereof is discontinued or changed, any future use of such land or portion thereof shall be in conformity with the provisions of this Article; and

(3) That any storage yard, outside sales area, or a trailer/mobile home park, which lawfully exists at the time of the effective date of this Article may be continued, although such use does not conform with the provisions hereof, provided, however, that no structural alterations or additions are to be made thereto.

(e) Abandonment of Non-Conforming Use: A non-conforming use of any building, structure or land that had been abandoned shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned under the following circumstances:

(1) When the characteristic equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within one (1) year;

(2) When a non-conforming building, structure or land or portion thereof which is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of one ( 1 ) year, or

(3) When it has been replaced by a conforming use.

(f) Non-Conforming Accessory Uses: No use that is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate. (Ord. 3414)

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Sec. 42-247.5. Interpretation of this Article.

Nothing in this Article shall be interpreted as authorization for or approval of the continuance of a non-conforming building, structure, or use in violation of zoning regulations in effect at the time of the effective date hereof. (Ord. 3414)

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Secs. 42-248 to 42-249. Reserved.

DIVISION 20. CHANGES AND AMENDMENTS

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Sec. 42-250. Changes and Amendments.

The City Council may from time to time by ordinance amend, supplement, change, modify or repeal the text or regulations herein or subsequently established. Before taking any such action, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation.

Zoning district classification amendments may be proposed by the City Council, the Planning and Zoning Commission, the Community Development Director, and by any governmental body or person having a financial, contractual, or proprietary interest in real property located in the City of Rolla The application for a zoning district classification amendment shall be made on a form provided by the City of Rolla. On submission of any proposed change in classification, the applicant shall deposit with the City Clerk of the City of Rolla an amount of money sufficient for publishing all notices of hearings and a processing fee of two hundred dollars ($ 200). All applications and fees shall be filed with the Community Development Department no later man the second Tuesday of each month for consideration during the following month. (Ord. 3414)

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Sec. 42-250.1. Recommendations.

The Planning and Zoning Commission may within its discretion, make one of the following recommendations in connection with each proposed re-zoning application.

(a) Recommend against the change in zoning.

(b) Recommend a change in zoning.

(c) Recommend a change in zoning for such area together with its recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to the public streets, provisions for drainage, parking spaces and street layouts and protective screening and open spaces and any other requirements which, within the discretion of the Planning and Zoning Commission, will protect adjacent property and secure substantially the purpose and intent of this Article. (Ord. 3414)

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Sec. 42-250.2. Findings by the Planning and Zoning Commission.

The Planning and Zoning Commission shall consider the following information when reviewing re-zoning requests:

(a) Whether the proposed zoning district classification is consistent with the intent of the Rolla Comprehensive Plan;

(b) Whether there are any changed or changing conditions in the neighborhood affected that make the proposed rezoning necessary or desirable from an overall community development perspective;

(c) Whether the range of uses in the proposed zoning district classification are compatible with the uses permitted on other property in the immediate vicinity;

(d) Whether adequate utility service and facilities exist or can be reasonably provided to serve the uses permitted on the property if rezoned;

(e) The impact the proposed uses would have upon vehicular and pedestrian traffic safety;

(f) Whether the proposed rezoning would correct an error in the application of this Article as applied to the subject property;

(g) Whether a reasonably viable economic use of the subject property will be precluded if the proposed rezoning is denied creating an economic hardship; and

(h) Relevant information submitted at the public hearing. (Ord. 3414)

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Sec. 42-250.3. Report of Action Taken.

Each such recommendation made by the Planning and Zoning Commission shall be reported to the City Council and the applicant. The Secretary of the Planning and Zoning Commission shall set up and maintain a separate file for each application received, and all records and files herein provided shall be permanent and official files of the City of Rolla. (Ord. 3414)

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Sec. 42-250.4. Notice of Hearing Before City Council.

A public hearing shall be held by the City Council before adopting any proposed amendment, supplement or change at which parties in interest and citizens shall have an opportunity to be heard. Notice of such hearing shall be made by publishing the same in a newspaper of general circulation published in the City of Rolla, Missouri; the said notice shall be published at least fifteen (15) days before said public hearing before the City Council and shall specify the time and place of such hearing and the location where the application and related documents may be viewed. (Ord. 3414)

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Sec. 42-250.5. Action of City Council.

When the Planning and Zoning Commission has recommended a change in zoning together with recommendations, as to requirements as heretofore provided, the City Council shall be at liberty to either accept, reject or make other or additional requirements, and any such requirements, in the discretion of the City Council to be made, shall become a part of the ordinance changing the zoning classification of such property. Such requirements shall be considered as an amendment to the zoning ordinance as applicable to such property. (Ord. 3414)

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Sec. 42-250.6. Two-Thirds Majority Necessary when Protested.

In case of a protest petition against such change, duly signed and notarized, by the owners of thirty (30) percent or more of the land area (exclusive of streets and alleys) included in such proposed change or within an area determined by line drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries of the district proposed to be changed, such amendments shall not become effective except by the favorable vote of two thirds (2/3) of all the members of the City Council. The provisions of this Section apply to the adoption of, additions to, changes or modifications of the official map of the master plan, whether such changes are initiated by the City Council, the Planning and Zoning Commission, Community Development Director or by property owner application. (Ord. 3414)

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Sec. 42.250.7. Limitation on Application for Rezoning.

No application for rezoning of any tract, lot or parcel of land within the City of Rolla, other than an application initiated by the City Council or the Planning and Zoning Commission, shall be filed or allowed prior to the expiration of twelve (12) months from the time that the City Council shall have finally acted on any application for rezoning of all or part of the same lot, tract or parcel of ground. The City Council may waive this requirement upon written request by the applicant, provided the applicant can show substantially changed conditions from any previously submitted but unsuccessful rezoning requests for all or a portion of the same lot, tract or parcel of ground. The applicant may then reapply for a review through the Planning and Zoning Commission and City Council.

A rezoning application may be withdrawn upon request by the applicant at any point in the approval process, prior to final action by the City Council, without requiring a twelve (12) month delay before reapplication. The Planning and Zoning Commission would first consider the new application. (Ord. 3414; Ord. 3890, §2)

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Secs. 42-251 to 42-252. Reserved.

DIVISION 21. ADMINISTRATION, ENFORCEMENT AND REVIEW

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Sec. 42-253.1. Duties of the Codes Administrator.

The Codes Administrator or his duly designated and authorized representative, in addition to the duties delegated to him under this Article and other ordinances of the City, shall administer and enforce this Article including:

(a) Receiving applications for permits for the construction, erection, structural alteration, enlargement and removal of buildings, structures, parking lots, signs, variances and special exceptions, notify applicants of all City ordinances pertaining to said applications, issue as soon as practicable certificates required by this Article when plans are found to comply with the provisions of this Article and all other City laws and ordinances applicable thereto; make and maintain records for all functions pertaining to codes administration duties; and in connection with such duties interpret the provisions of this Article.

(b) Receiving applications for certificates of occupancy for buildings and structures for which building permits have been issued, and which have been constructed, erected, structurally altered, enlarged or moved in accordance with such permits and are ready for use and occupancy; notify applicants of City ordinances pertaining to said applications.

(c) Providing technical assistance to the City Council, Planning and Zoning Commission, and Board of Adjustment as they may require in the performance of their duties under this Article

(d) Conducting inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this Article.

(e) Conducting inspections of buildings, structures, signs, and uses of any premises to determine compliance with the terms of any application, permit, or certificate issued by his office and to ensure that the provisions of this Article are enforced with respect to screening, landscaping, buffer-yards and other requirements or conditions established by City Council. (Ord. 3414)

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Sec. 42-253.2. Duties of the Community Development Director.

In addition to the duties delegated to him under this Article and other ordinances of the City, the Community Development Director or his duly designated and authorized representative shall:

(a) Receive applications for Zoning Ordinance map amendments and conditional use permits pursuant to the provisions of this Article.

(b) Maintain for distribution to the public copies of the zoning map or maps, the text of the Zoning Ordinance, and the rules of the Planning and Zoning Commission and Board of Adjustment. A reasonable fee for each copy shall be charged to defray printing costs.

(c) Provide technical and expert assistance to the City Council, Planning and Zoning Commission, and Board of Adjustment.

(d) Make recommendations with respect to city planning, zoning, land use and development to the City Council, Planning and Zoning Commission, City Administrator and other departments and agencies of the City.

(e) Maintain permanent and current records of official actions on all variances, conditional use permits, special exceptions, re-zoning applications, and other activities of the Planning and Zoning Commission and Board of Adjustment and all functions of the Community Development Department related to the administration of this Article. (Ord. 3414)

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Sec. 42-253.3. Building Permit Required.

It shall be unlawful to start the construction of a new building, structure, parking lot, or sign or the enlargement or structural alteration of a building, structure, parking lot, or sign, without first filing a written application for and obtaining a building permit. All applications for such permits shall be in accordance with the requirements of this Article and building code of the City of Rolla. No building permit shall be issued unless a plat is filed in duplicate, drawn to scale and in such form as may be prescribed by the building inspector, showing the location on the lot of the building, structure, parking lot, or sign to be erected, altered, or enlarged, signed by the applicant, and other information as the building inspector may require in the enforcement of this Article. Failure to provide this information shall be good cause for the revocation of any such building permit. Unless upon written order of the Board of Adjustment, no building permit or certificate of occupancy shall be issued for any building, structure, parking lot, or sign where said construction, addition, or alteration thereof would be in violation of any of the provisions of this Article. A record of all applications, together with supporting plats, shall be kept in the office of the building inspector. (Ord. 3414)

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Sec. 42-253.4. Certificate of Occupancy Required.

No vacant land shall be occupied or used except for agricultural uses and no building hereafter erected or structurally altered shall be occupied or used until the building inspector shall have issued a certificate of occupancy. The certificate of occupancy shall state that the building or proposed use of a building or land complies with the building and health laws and ordinances, and with the provisions of these regulations. A record of all certificates shall be put on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy. No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.

(a) Certificate of occupancy for a building: Certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations.

(b) Certificate of occupancy for a non-conforming use: A Certificate of occupancy for legal non-conforming uses shall be issued, and the certificate shall state that the use is a legal non-conforming use. (Ord. 3414)

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Sec. 42-253.5. Zoning Enforcement.

(a) Notice of Violation: Whenever the Codes Administrator, or one of his

authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this Article exists on any parcel of land within the City, he shall give notice of such alleged violation to the owner or agent of said parcel as follows. Such notice shall:

(1) Be in writing and include a statement of any alleged violations, what remedial action(s) are to be taken, and any fines or fees associated with the enforcement of this Article;

(2) Allow a reasonable time for the correction of any violation or the performance of any required act,

(3) Be served upon the owner or his agent personally, by registered mail to his last known address, or is posted conspicuously in or about the building, structure, or sign affected by the action.

(b) Revocation of Permits: Whenever the Codes Administrator has ordered a person to correct any violation and when such violation has not been corrected within the time specified by such order, thereafter the administrator may institute an action to revoke any permits issued by the City under which the activity is conducted and occupancy permits.

(c) Abatement of Violation: If a person violates this Article or if a notice of a violation is not complied with within the time specified by the Codes Administrator, the administrator may cause a municipal court summons to be issued, and he may also request the City Attorney to institute the appropriate legal proceedings to obtain an injunction to restrain, correct or abate such violation or to acquire removal or termination of the unlawful use of a building, structure or sign in violation of the provisions of this Article or any order or direction made pursuant thereto.

(d) Fines and Penalties: Any person violating this Article, or failing to comply with any order issued pursuant to any Section thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred ($ 300) dollars, per day, for each day of noncompliance. The City shall attempt to give notice when the violation does not pose an imminent danger and the owner has not previously been notified either orally or in writing regarding a violation of the same Section of this Article.

(e) Legal Action: The imposition of the fines herein prescribed shall not limit the City Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of building or structure in or about any premises, in violation of this Article.

(f) Discontinuance of Illegal Use or Occupancy: Whenever any building, site or portion thereof is being used or occupied contrary to the provisions of this Article, the Codes Administrator shall order such use or occupancy discontinued by notice served on any persons using or causing such use or occupancy to be continued. Such persons shall discontinue use or occupancy or make the building, site or portion thereof comply with the requirements of this Article within a time period not to exceed ten (10) days after receipt of such notice. (Ord. 3414)

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Sec. 42-253.6. Inspection and Right of Entry

In the discharge of his duties, the Codes Administrator or his authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises in the City to enforce the provisions of this Article. Any person making such inspection shall furnish to the owner or occupant of the building or structure to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the City and to determine the purpose of the inspection. Inspections may be prompted on the basis of complaint or as part of a systematic inspection program directed by the Codes Administrator, Community Development Director, or City Administrator. (Ord. 3414)

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Sec. 42-253.7. Permits Required for Construction of Building - Annexation.

Any person owning, controlling, constructing, supervising or directing the construction of any building or structure in the process of construction which is incomplete at the time the land upon which it is situated is annexed to the City of Rolla before proceeding shall apply to the Codes Administrator of the City of Rolla for a permit authorizing further work Said construction work shall be suspended until the permit provided for herein has been issued or until final zoning regulations have been adopted, which permit the construction, use and occupancy of the structure or building. (Ord. 3414)

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Sec. 42-254. Board of Adjustment - Composition.

The Board of Adjustment shall consist of five members, who shall be City residents. The members of the Board of Adjustment shall be appointed for staggered terms of five (5) years each and shall serve without compensation. No member shall serve more than two (2) consecutive terms and shall not be a current member of the Planning and Zoning Commission. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. The Board shall elect its own chairman who shall hold office for one year. The Codes Administrator, or his designee, shall be an ex-officio member of the Board of Adjustment without voting power. The Codes Administrator, as an ex-officio member, shall act as secretary and shall maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, and further keep a record of all notices published as required herein. (Ord. 3414)

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Sec. 42-254.1. Procedures.

Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board may determine. All meetings of the Board of Adjustment shall be open to the public except as provided by law. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Every decision of the Board of Adjustment shall be in writing and shall contain a full record of the findings of the Board in each case, all of which shall be immediately filed in the office of the Board and shall be a public record. The secretary of the Board of Adjustment shall notify in writing the City Council and Zoning and Planning and Zoning Commission of each decision, interpretation, appeal, special exception and variance considered under the provisions of this Article. (Ord. 3414)

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Sec. 42-254.2. Powers.

The Board of Adjustment shall:

(a) Hear and decide appeals where it is alleged there is error in any order, requirement decision or determination made by an administrative official in the enforcement of this Article and may also decide any questions involving the interpretation of any of the provisions of this Article, including the location of any district boundaries, if there is uncertainty with respect thereto.

(b) In appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Article in harmony with its general purpose and intent and in accordance with the general and specific rules herein contained.

(c) Authorize, upon appeal, in specific cases such variance from the terms of this Article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions hereof will result in unnecessary hardship, and so that the spirit of this Article shall be observed and substantial justice done. (Ord. 3414)

(d) Shall serve as the members of the Board of Appeals for the 2000 International Property Maintenance Code, as required in Section 111.2 of that Code, and shall hear appeals by any person directly affected by a decision of the Codes Administrator or a notice or order issued under this Code. The chairman of the Board of Adjustment shall serve as the chairman of the Board of Appeals. The alternate members of the Board of Adjustment shall serve as alternate members of the Board of Appeals. (Ord. 3639, §1)

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Sec. 42-254.3. Appeals.

Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the City of Rolla affected by any decision of an administrative officer. Such appeal shall be taken within fifteen (15) days time after an administrative officer has rendered the decision. Such appeal shall be taken by filing with the officer from whom the appeal is taken and with the secretary of the Board of Adjustment a notice of appeal specifying the reasons. The officer from whom the appeal is taken shall send to the secretary of the Board all the papers constituting the record relating to the appealed action. The applicant for an appeal, however, shall bear the burden of producing evidence establishing the grounds of the appeal. In exercising the powers herein granted, the Board may, in conformity with the provisions of this Article reverse or affirm, wholly or partly, or may 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. The concurring vote of four (4) members shall be necessary for an appeal to be approved by the Board of Adjustment. (Ord. 3414)

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Sec. 42-254.4. Appeals to Stay Proceedings.

A properly filed notice of appeal shall stay all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the 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, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a proper court order. (Ord. 3414)

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Sec. 42-254.5. Notice of Appeals.

Notice of appeals shall be submitted not less than twenty eight (28) days prior to a regularly scheduled Board meeting. The applicant shall be notified in writing by registered mail of the date, time and location of the hearing. Upon filing a notice of appeal with the secretary of the Board of Adjustment, the applicant shall deposit the sum of one hundred and fifty dollars ($150.00) with the City Clerk to cover the cost of mailing and posting notices, staff time to process the application, court reporting, and other administrative expenses. (Ord. 3414; Ord. 3566, §6; Ord. 3748, §12)

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Sec. 42-254.6. Limitation on Re-Filing.

No appeal, request or application to the Board of Adjustment shall be allowed with respect to the same parcel of land, building, or structure prior to the expiration of six (6) months from the date of the ruling of the Board of Adjustment unless a substantial change of circumstances or conditions can be demonstrated by the applicant. (Ord. 3414)

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Sec. 42-255. Exceptions and Variances.

A "special exception" is a permission given by the Board properly authorized by this Article in specific cases for an applicant to use his property in a manner contrary to the provisions of this Article provided such use serves the general welfare and preserves the community interest. A "variance" is an authorization by the Board granting relief and doing substantial justice in the use of the applicant's property by a property owner where, owing to special conditions a literal enforcement of the provisions of the Article will result in unnecessary hardship. The Board of Adjustment may designate conditions on granting special exceptions or variances that secure the public interest and intent of this Article. (Ord. 3414)

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Sec. 42-255.1. Notices of Hearings.

Applications for special exceptions and variances shall be submitted on forms provided for this purpose not less than twenty-eight (28) days prior to a regularly scheduled Board meeting. Once the application has been determined to be complete, the Board of Adjustment shall hold a public hearing and written notice of all such public hearings shall be sent by the secretary of the Board to the applicant and all other persons deemed by the Board to be affected. Notices shall also be posted in three conspicuous places in the vicinity of the real estate to be affected, such notice to be posted not less than ten days before the date set for public hearing. Such notices shall state the time and place of such public hearing. Provided, however, all provisions contained herein with respect to the mailing and posting of notices of hearing shall be deemed sufficient upon substantial compliance with this Section, which is to be construed as directory and not mandatory. (Ord. 3414)

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Sec. 42-255.2. Hearings.

Any interested party may appear at the hearing in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the facts necessary which the Board of Adjustment must find before granting any special exception or variance as herein contained. The Board of Adjustment may impose such conditions and restrictions as may be necessary to comply with the standards set out in this Article to reduce, minimize, or mitigate the effect of such special exception or variance upon the property in the neighborhood, and to better carry out the intent of this Article. The concurring vote of four members of the Board shall be necessary to decide in favor to affect any variance of this Article or to grant any special exception. No request or application to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board of Adjustment on any request or application to such body unless other property abutting or adjoining such property shall have within such period been altered or changed by a ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an application, but such hearing shall be considered on its merits as in all other cases. (Ord. 3414)

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Sec. 42-255.3. Duration.

Any special exceptions or variances authorized or granted by the Board of Adjustment either under the provisions of this Article or under the authority granted to the Board of Adjustment under the statute of the State of Missouri shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the Board of Adjustment, unless the Board of Adjustment in its minutes shall, at the same time, grant a longer period. If the building permit or certificate of occupancy shall have not been issued within said ninety (90) day period or such extended period as the Board may specifically grant, then the special exception or variance shall be deemed waived and all rights thereunder terminated. Such termination or waiver shall be without prejudice to a subsequent appeal to the Board in accordance with the rules and regulations herein contained. (Ord. 3414)

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Sec. 42-255.4. Special Exceptions.

The prospective occupant or owner of the property shall make application for special exceptions according to the terms of this Article. A deposit of ten dollars ($10.00) shall accompany such application, to cover expenses of mailing and posting notices. The Board of Adjustment may, after public notice and hearing and subject to the conditions and safeguards herein contained, authorize special exceptions to this Article as follows:

(a) The Board of Adjustment may grant a special exception to allow a legal non-conforming use to be changed to any other use permitted in the zoning district in which the non-conforming use is allowed, provided the proposed use is not more intense than the existing use in terms of traffic generation and other impacts on surrounding property.

(b) Permit the extension of an existing legal non-conforming use in a building upon a lot currently occupied as a legal non-conforming use.

(c) Permit the use of property in the "R-1 " and "R-2" Districts adjacent to the "R-3", "C" or "M" Districts, even if separated therefrom by an alley or by a street, for parking of passenger cars under such safeguards and conditions of the setback requirements of the more restricted property, and further provided that such parking area shall not extend a greater distance than five hundred (500) feet from the "R-3," "C" or "M" Districts and other conditions as needed to promote public safety.

(d) Permit the use of property owned by a church for the parking of passenger cars in any district under such safeguards and conditions as are necessary to protect adjacent property. (Ord. 3414)

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Sec. 42-255.5. Variances.

The Board of Adjustment may grant an applicant a variance in the following instances:

(a) A variance from the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, and required yard areas.

(b) A variance from the applicable minimum requirements for lot size, width, depth, or setback distances.

(c) A variance from the applicable off-street parking requirements.

(d) A variance from the applicable open space, landscaping and buffer area requirements.

(e) A variance to permit the reconstruction of a non-conforming building which has been destroyed or damaged by fire or other casualty, or act of God or the public enemy, to the extent that the cost of restoration does not exceed seventy five (75) percent of completely reconstructing the building. (Ord. 3414)

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Sec. 42-255.6. Variance Standards.

The Board of Adjustment shall not vary the regulations of this Article as authorized above unless and until it shall make findings based upon the particular evidence presented to it in each specific case that:

(a) That there are special circumstances or conditions applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the same zone or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this Article shall create an unnecessary economic hardship by depriving the applicant of the reasonable use of such land or building, and;

(b) That the alleged hardship has not been created by any person presently having an interest in the property, and,

(c) That the purpose of the variance is not based exclusively on a desire to enhance the value of the property, or increase the return or income therefrom, and;

(d) That the granting of such variance will not be detrimental to the public welfare or substantially or permanently injurious to the property or improvements in such zoning or neighborhood areas in which the property is located, and;

(e) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose, and will not alter the essential character of the neighborhood; and;

(f) That the literal enforcement and strict application of the provisions of this Article will result in an unnecessary hardship inconsistent with the general provisions and intent of this Article and that in granting such variance the spirit of the Article will be preserved and substantial justice done. (Ord. 3414)

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Sec. 42-255.7. Use Variances.

The Board of Adjustment may grant use variances where the strict enforcement of this Article may cause an unnecessary hardship resulting from the unique physical characteristics of a site for a proposed use. The Board of Adjustment shall also make a determination that granting the use variance is consistent with the intent of the Comprehensive Plan and that granting the variance will result in the achievement of substantial justice. Applications for a use variance shall follow the provisions prescribed in Division 17, Section 42-234.1. pertaining to Site Plans. (Ord. 3414)

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Sec. 42-255.8. Appeal from Ruling of Board of Adjustment.

Appeals from rulings of the Board of Adjustment may be taken in the manner provided by statute. (Ord. 3414)

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Secs. 42-256 to 42-359. Reserved.

DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION I. USE PERMITS

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Sec. 42-360. Use permit grant to Darrell G. Bradford and Robert Fitzsimmons to conduct a photographic business on a tract of land zoned R-3 (Multi-Family) District.

That a use permit be and it is hereby granted to Darrell G. Bradford and Robert J. Fitzsimmons, d/b/a Bradford and Fitzsimmons Photography to conduct a photographic business and its related activities, including indoor and outdoor photography, wholesale and/or retail sales of photographs, wedding albums, cameras and films, photographic supplies and products, picture frames, and the fabrication thereof, on the tract of land owned by the said Darrell G. Bradford and Robert J. Fitzsimmons now zoned R-3 (Multi-Family) District, situated in the City of Rolla, county of Phelps, and state of Missouri, described as follows:

The north 210.2 feet of the west 245 feet of block four (4) of the Rolla Mill Addition to the City of Rolla, Missouri. (Ord. 1985, §1, 8-9-76.)

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Sec. 42-361. Use permit grant to Dan Woodward to conduct an art gallery and museum on property at 1705 North Oak Street.

That an use permit shall be issued to Dan Woodward to permit property located at 1705 North Oak Street, more particularly described as:

The South Half of Lot 7 and all of Lots 8 and 9 in Block 11 of Schuman Addition to the City of Rolla, Missouri;

to be used for the business of a fine art gallery and museum. (Ord. 2446, §1, 1-7-85).

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Sec. 42-362. Use permit grant Renick Enterprises, Inc. to permit property in Eastmeadow Tract A to be used for general office buildings.

That a use permit shall be issued to Renick Enterprises, Inc. to permit property located in Eastmeadow Tract A, more particularly described as:

A fractional part of Tract A of "Eastmeadow", an addition to the City of Rolla, Missouri more particularly described as follows: Commencing at the Northwest corner of Lot No. 2 of the N.W. 1/4 of Section 7, Township 37 North, Range 7 West; Thence S. 0° 38' W., 35.00 feet to the South Right-of-Way, 189.39 feet to the Point of Beginning of the tract herein described; Thence S. 0° 38' W., 230.01 feet; Thence S. 89° 01'E., 200.00 feet; Thence N. 0° 38' E., 230.01 feet to the South Right-of-Way of East Tenth Street; Thence N. 89° 01' W. along said South Right-of-Way, 200.00 feet to the Point of Beginning. Containing: 46,002 sq. ft., 1.06 acre.

to be used for general office buildings. (Ord. 2547, §1, 7-21-87.)

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Secs. 42-363 Approving a Conditional Use Permit at 1056 Kingshighway for Carol Pruett.

(a) That a Conditional Use Permit be granted to Carol Pruett to operate a package liquor store in a C-2 (general retail district) zone.

(b) The Conditional Use Permit shall follow "Attachment B Standards for all Condition Use Permits".

(c) The Conditional Use Permit is granted only to the above name and for the above address. If the business license is not renewed or the business should relocate, the Conditional Use Permit shall be terminated. (Ord. 3672, §§1-3)

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Secs. 42-364 to 42-372. Reserved.

DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION II. PLANNED UNIT DEVELOPMENTS

Sec. 42-373. Approving a community or neighborhood development plan affecting lands situated on the northwest corner of the intersection of Pershing Place and Independence Drive known as Pershing Village.

That the application and plan for the development of a neighborhood unit development in the City of Rolla, Missouri on property more particularly described as follows:

A fractional part of tract 4 of Heritage Heights Addition to the City of Rolla, Missouri, more particularly described as follows: Beginning at the SW corner of Sec. 6, Twp. 37 N. Rng. 7 W.; thence N. 0o 11'E., along the centerline of McCutchen Road, 1665.0ft.; thence S. 89o 49' E., 30.0 ft.; thence along the centerline of Pershing Place and along the arc of a curve, Delta Right, 61o 59', radius 50 ft., 54.09 ft.; thence S. 27o 50' W., 18.85 ft.; thence N. 62o 10'E., 25.0 ft. to the east right of way line of Pershing Place and the point of beginning of the tract herein described; thence N. 62o 03' E., 84.98 ft.; thence N. 81o 50' E. 127.21 ft.; thence S. 36o 56' E., 324.05 ft.; thence N. 79o 23' E., 89.98 ft.; thence S. 11o 20' E., 387.62 ft.; thence N. 78o 40 ft. E., 129.62 ft. to the west right of way line of Independence Road; thence in a southerly direction along the west right of way line of Independence Road and the arc of a curve, Delta angle right, 8o 06' 50", radius 1884.86 ft., a distance of 266.92 ft.; thence S. 4o 00' W., 46.35 ft.; thence N. 23o 26' 52" W., 184.93 ft.; thence S. 57o 54' W., 162.36 ft. to the east right of way line of Pershing Place; thence in a northwesterly direction along the east right of way line of Pershing Place and the arc of a curve, Delta angle right 4o 01' 13", radius 1885.08 ft., a distance of 132.27 ft.; thence N. 28o 50' W., along the right of way line of Pershing Place, 23.30 ft.; thence in a northwesterly direction along the right of way line of Pershing Place, and the arc of a curve, Delta left, 8o 00', radius 1935.00 ft., 270.18 ft.; thence N. 36o 50' W., along the east right of way line of Pershing Place 35.96 ft.; thence northwesterly along the east right of way line of Pershing Place and the arc of a curve, Delta right, 9o 00' radius 1885.08 ft., 296.11 ft.; thence N. 27o 50' W., 146.06 along the east right of way line of Pershing Place to the point of beginning. Containing 5.12 acres, more or less, as per survey by John B. Heagler, Jr.

Be and the same is hereby approved, subject to the following modifications, conditions and provisions:

(1) Supplemental use regulation set forth in Section 42-278 paragraph (i) is hereby waived.

(2) Section 42-36 (i) of the Code of the City of Rolla, Missouri, is hereby waived.

(3) Section 42-26 of the Code of the City of Rolla, Missouri, is hereby waived.

(4) That the appropriate restrictions be attached to final plat of the area to maintain the use restrictions approved by the Planning and Zoning Commission. (Ord. 2321, § 1, 5-3-82.)

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Sec. 42-374. Approving a community or neighborhood development plan for the Charles Maize property affecting lands situated in lot 3 of the Railroad Addition located in the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 2.

All that part of lot 3 of Railroad Addition to the City of Rolla, Missouri, and located in the NE 1/4 of the NW 1/4 of the NE 1/4 of Sec. 2, Twp. 37N., Rng. 8 W. of 5th P.M., described as follows:

Commencing at the NE corner of Railroad lot 3 and on Vienna Road; thence S. 88o 44' W. 19.8 ft. along the N. line of said Railroad lot 3 to the W. line of said Vienna road, the true point of beginning of the tract hereinafter described; thence S. 0o 54' E. 260.09 ft. along said W. line; thence S. 89o 06' W. 270.56 ft.; thence S. 0o 54' E. 160.95 ft.; thence N. 89o 06' E. 270.56 to aforesaid W. line of Vienna Road; thence S. 0o 54' E. 168.5 ft. along said W. road line to the S. line of Railroad lot 3; thence S. 89o 40' W. 270.64 ft. along said S. line of lot 3 to the center line of a small creek; thence N. 24o 59' W. 207.06 ft. and N. 19o 34' W. 192.93 ft. and N. 1o 33' E. 102.08 ft. and N. 12o 29' W. 112.36 ft. all along center line of creek to the N. line of Railroad lot 3 at a point N. 88o 44' E. 212.0 ft. from the NW corner of said lot 3; thence N. 88o 44' E. 434.74 ft. along said N. line to the true point of beginning.

Be and the same is hereby approved, subject to the following modifications, conditions and provisions:

(1) Supplemental use regulation set forth in Section 42-274 paragraph (i) is hereby waived.

(2) Section 42-36 (i) of the Code of the City of Rolla, Missouri, is hereby waived.

(3) Section 42-26 of the Code of the City of Rolla, Missouri, is hereby waived.

(4) That the appropriate restrictions be attached to final plat of the area to maintain the use restrictions approved by the Planning and Zoning Commission. (Ord. 2339, §1, 8-2-82.)

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Sec. 42-375. Amending the site plan of the Vienna Woods neighborhood or community unit development.

That the site plan of the Vienna Woods Neighborhood or Community Unit Development plat as same is submitted on this date is hereby approved as amended. (Ord. 2403, §1, 1-3-84)

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Sec. 42-376. Approving a planned unit development plan submitted for consideration according to the provisions of Article III, Chapter 42 of the Code of the City of Rolla, Missouri, affecting lands situated north of 10th Street and abutting the east corporate limits in the City of Rolla, Missouri.

That the application and plan for the development of a planned unit development in the City of Rolla, Missouri on property more particularly described as follows:

"A fractional part of the South Half of Lot 1 of the Southwest Quarter of Section 6, Township 37 North, Range 7 West of the 5th P.M. described as follows: Commencing at the Northeast Corner of the South Half of Lot 1 of the Southwest Quarter of said Section 6; thence North 88°-46' West, 171.50 feet along the Half Lot Line to the true point of beginning of the hereinafter described tract: Thence continuing North 88°-46' West, 634.31 feet along said Half Lot Line to the northeast corner of a parcel described in Phelps County Deed Records at Book 160, Page 347; thence South 0°-24'-50" East, 417.52 feet along the East Line of said Book 160, Page 347 parcel to its southeast corner; thence North 88°-46' West, 23.80 feet along the South Line of said Book 160, Page 347 parcel; thence South 0°-19'-20" East, 869.81 feet to the North right-of-way of State Route BB; thence South 89°-15' East, 60.01 feet along said North right-of-way; thence North 0°-19'-20" West, 347.82 feet; thence South 89°-42'-30" East, 583.59 feet; thence North 0°-31'-10" East, 929.13 feet to the true point of beginning. Above described tract contains 14.21 acres, more or less, description derived from survey R-4624, dated November 22, 1991, by Elgin Surveying & Engineering, Inc."

be and the same is hereby approved. (Ord. 2853, §1)

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Sec. 42-377. Approving a planned unit development plan submitted for consideration according to the provisions of Article III, Chapter 42 of the Code of the City of Rolla, Missouri, affecting lands situated west of Forum Drive and south of St. James Road (Oak Tree Apartments).

That the application and plan for the development of a planned unit development in the City of Rolla, Missouri on property more particularly described as follows:

All of Tract No. 6 of the Forum Lakes Addition, an Addition to the City of Rolla, Missouri, and being generally located on the west side of Forum Drive, North of the intersection of Forum Drive and California Drive to a point 654 feet north of said intersection.

be and the same is hereby approved. (Ord. 3019, §1)

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Sec. 42-378. Approving North Brook, a planned unit development according to the provisions of Article III, Chapter 42.278 of the Code of the City of Rolla, Missouri.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 38 North, Range 8 West of the 5th P.M. described as follows: Beginning at the Northeast Corner of the Southwest Quarter of the Southeast Quarter of said Section 36; thence South 0°08'10" West, 757.75 feet along the East line of said Southwest Quarter of the Southeast Quarter of the northeast corner of a parcel described in Phelps County Deed Records at Document No 9300693; thence south 88°42'50" West, 249.88 feet along the North line of said Document No. 9300693 parcel to its northwest corner; thence South 0°09'20" West, 522.90 feet along the West line of said Document No. 9300693 parcel to its Southwest corner, also being a point on the North right of way of Old St. James Road, thence South 88°47'10" West, 159.07 feet along said North right of way; thence North 1°55' West, 18.00 feet; thence North 31°14'20" West, 83.53 feet; thence North 13°33'20" West, 153.84; thence North 45°37'50" West, 60.28 feet; thence North 32°31'40" West, 88.42 feet; thence North 64°08'50" West, 116.23 feet; thence North 33°10' West, 6.96 feet to the Corporate Limits of Rolla, Missouri; thence North 0°08'30" East, 82.56 feet, and, North 10°33'40" East, 798.92 feet, all along said Corporate Limits; thence North 89°00' East, 544.53 feet to the true point of beginning. Above described tract contains 14.21 acres, more or less, per plat of survey R-7295, dated June 25, 1996, by Elgin Surveying & Engineering, Inc.

from its present C-3 (commercial district) to PUD (planned unit development) zoning. (Ord. 3161, §1)

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Sec. 42-379. Approving the rezoning and final plat of Park Place Senior Housing, a Planned Unit Development. (Brown)

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of Lot 85 of Railroad Addition, Rolla, Missouri more particularly described as follows: Beginning at the Southwest Corner of Lot 85 of said Railroad Addition; thence North 0°25'50" East, 652.13 feet along the West line of said Lot 85 to the southerly right-of-way of Lanning Lane; thence North 87°47' East 379.52 feet along said southerly right-of-way to the west line of a parcel described in Phelps County Deed Records at Book 298, Page 175; thence South 0°33'40" West, 658.56 feet along said West line to the South line of the aforesaid Lot 85 of Railroad Addition; thence South 88°44'40" West, 377.77 feet along said South line to the point of beginning. Above described tract contains 5.69 acres, more or less, per plat of survey R-9583, dated September 7, 2000 by Elgin Surveying & Engineering, Inc.

from its present R-1 (single family district) to R-3 (multi-family district) zoning.

That an application for a Planned Unit Development (PUD) for this property, Park Place Senior Housing, has met the requirements of Section 42-278 of the Code of the City of Rolla, Missouri and is hereby approved. (Ord. 3403, §§ 1 & 2)

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Sec. 42-380. Approving the rezoning and final plat of Jordan's Pass, a Planned Unit Development. (Jordan)

(Ord. 3406, §§ 1 & 2) (Repealed by Ord. 3504, § 1)

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Sec. 42-381. Approving the rezoning and final plat of North Meadow, a Planned Unit Development (Sally/Brown).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Tract 9 of Forum Lakes Subdivision, a Subdivision in Rolla, Missouri

from its present R-3 (multi-family district) zoning to PUD (Planned Unit Development). (Ord. 3431, §1)

That an application for a Planned Unit Development (PUD) for this property, North Meadow Planned Unit Development, has met the requirements of Section 42-278 of the Code of the City of Rolla, Missouri and is hereby approved. (Ord. 3431, §2)

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Sec. 42-382. Approving North Ridge Planned Unit Development (Sally/Brown).

(a) That the Basic Zoning Ordinance 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning classification of the following property situated within the City of Rolla, Missouri, and described as follows: Lots 11A and 11B of a Resubdivision of Tract 11 of Forum Lakes Subdivision, a Subdivision in Rolla, Missouri from its present R-3 (multi-family district) zoning to PUD (Planned Unit Development).

(b) That an application for a Planned Unit Development (PUD) for this property, North Ridge Planned Unit Development, has met the requirements of Section 42-201 of the Code of the City of Rolla, Missouri and is hereby approved.

(b) The Planned Unit Development shall follow the requirements and standards of attached "Exhibit 1" (Ord. 3512, §§ 1 & 2)

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Sec. 42-383 - Approving Lexington Place as a Planned Unit Development. (Brown)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning classification of the following property situated within the City of Rolla, Missouri, and described as follows: A fractional part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 38 North, Range 8 West of the 5th P.M. described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Southeast Quarter of said Section 35; thence South 88°19'30" West, 25.01 feet along the South line of said Southwest Quarter of the Southeast Quarter to the West right of way of Vienna Road, the true point of beginning of the hereinafter described tract: Thence continuing South 88°19'30" West, 129.99 feet along said South line of the Southwest Quarter of the Southeast Quarter to the southeast corner of a parcel described in Phelps County Deed Records at Document No. 2002-7619; thence North 0°26' West, 211.44 feet along the East line of said Document No. 2002-7619 parcel to its northeast corner; thence North 75°08' West, 306.45 feet, and, South 88°18'20" West, 185.25 feet, all along the northerly line of said Document No. 2002-7619 parcel to the easterly right of way of Vichy Road; thence North 19°42'10" West, 265.10 feet along said easterly right of way to the southernmost corner of Lot 1 of Spring Crest; thence North 36°10'30" East, 109.75 feet, and, North 27°05'20" East, 89.64 feet, and, North 16°41'20" East, 92.10 feet, and, North 2°40' East, 39.26 feet, and, North 16°37'20" East, 47.92 feet, and, North 27°05'10" East, 74.66 feet, and, North 30°24'50" East, 117.89 feet, and, North 5°06'40" West, 68.93 feet, and, North 59°37'10" West, 64.49 feet, and, North 42°17'40" West, 133.14 feet, and, North 10°04'20" West, 65.27 feet, all along the easterly line of said Lot 1 to the North line of the aforesaid Southwest Quarter of the Southeast Quarter; thence North 88°12'30" East, 468.74 feet along said North line; thence South 0°15'10" East, 207.45 feet to the North line of a parcel described in Phelps County Deed Records at Document No. 9404466; thence South 88°27'20" West, 57.34 feet along said North line to the northwest corner of said Document No. 9404466 parcel; thence South 1°01'20" East, 435.06 feet along the West line of said Document No. 9404466 parcel and its extension to the northwest corner of a parcel described in Phelps County Deed Records at Document No. 1997-3569; thence South 0°40'30" West, 227.49 feet along the West line of said Document No. 1997-3569 parcel and its extension to the northwest corner of a parcel described in Phelps County Deed Records at Book 289, Page 239; thence South 0°30'20" East, 168.33 feet along the West line of said Book 289, Page 239 parcel to its southwest corner; thence South 75°14' East, 210.37 feet along the southerly line of said Book 289, Page 239 parcel to the aforesaid West right of way of Vienna Road; thence South 0°25'50" East, 225.52 feet along said West right of way to the true point of beginning. Above described tract contains 10.19 acres, more or less, per plat of survey R-11095, revised December 8, 2003, by Elgin Surveying & Engineering, Inc. from R-1 (single-family district) zoning to PUD (Planned Unit Development).

(b) That an application for a Planned Unit Development (PUD) for this property, Lexington Place Planned Unit Development, has met the requirements of Section 42-201 of the Code of the City of Rolla, Missouri and is hereby approved.

(c) The Planned Unit Development shall follow the requirements and standards of attached "EXHIBIT 1" and be in substantial conformance with the site plan.

(d) This Ordinance shall be in full force and effect from and after the date of its passage and approval.

(e) Occupancy permits shall not be issued for any of the units until public street improvements have been completed with the approval of the Public Works Director. (Ord. 3590, §§1-5)

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Sec. 42-384. Approving Cedar Trail Planned Unit Development. (Timber Ridge Builders)

(a) That ordinance number 3647 (Zumwalt Planned Unit Development) is hereby repealed.

(b) That an ordinance shall be adopted to establish Cedar Trail Planned Unit Development according to Section 42.201 of the Rolla City Code for the following property situated within the City of Rolla, Missouri, and described as follows: A part of Lots 59, 60, 68 and 69 all in the Railroad Addition to the City of Rolla, Phelps County, Missouri, described as follows: Beginning at an iron pin at the SW corner of Railroad Lot 59; Thence along the South line of Railroad Lot 60, S 87°22'01" W (basis of bearing based on survey #I-1703 by Integrity Engineering, Inc.) 144.66 feet to an iron pin on the Southerly right-of-way line of Christy Drive, as located September 2006; Thence with said Southerly right-of-way line, S 56°49'19" W 100.45 feet an iron pin; Thence along a curve to the left with a chord bearing and length of S 38°10'32" W 111.91 feet to an iron pin; Thence S 19°31'44" W 82.91 feet to an iron pin; Thence along a curve to the right with a chord bearing and length of S 42°05'47" W 172.70 feet to an iron pin; Thence S 64°39'49" W 197.27 feet to an iron pin; Thence along a curve to the right with a chord bearing and length of N 88°08'40" W 205.64 feet to an iron pin; Thence N 60°57'10" W 190.24 feet to an iron pin at the intersection with the Southeasterly right-of-way line of Houston Road, as located September 2006; Thence with said Southeasterly right-of-way line, along a curve to the right with a chord bearing and length of N 26°40'48" E 28.47 feet; Thence N 31°22'37" E 21.57 feet to an iron pin at the intersection with the Northerly right-of-way line of Christy Drive; Thence with said Northerly right-of-way line, S 60°57'10" E 190.53 feet to an iron pin; Thence along a curve to the left with a chord bearing and length of S 88°08'40" E 159.94 feet to an iron pin; Thence N 64°39'49" E 197.27 feet to an iron pin; Thence along a curve to the left with a chord bearing and length of N 42°05'47" E 134.32 feet to an iron pin; Thence N 19°31'44" E 82.91 feet to an iron pin; Thence along a curve to the right with a chord bearing and length of N 38°10'32" E 143.88 feet to an iron pin; Thence N 56°49'19" E 15.71 feet to an iron pin at the intersection with the South line of Railroad Lot 60; Thence with said South line, S 87°22'01 W 92.52 feet to an iron pin; Thence leaving said South line N 34°41'55" W 279.25 feet to an iron pin on the Southeasterly right-of-way line of Houston Road, as located September 2006; Thence with said Southeasterly right-of-way line, N 53°29'16" E 44.91 feet to an iron pin; Thence N 53°10'06 E 260.29 feet to an iron pin; Thence N 42°33'17" E 140.93 feet to an iron pin; Thence N 44°28'12" E 78.25 feet to an iron pin; Thence leaving said Southeasterly right-of-way line, S 00°47'31" W 312.04 feet to an iron pin; Thence S 89°29'04" E 104.05 feet to an iron pin on the West line of Railroad Lot 59; Thence with said West line, N 00°47.31" E 420.51 feet to an iron pipe at the NW corner of Railroad Lot 59; Thence with the North line of Railroad Lot 59, N 89°08'46" E 378.33 feet to an iron pin; Thence N 88°47'55" E 118.59 feet to an iron pin; Thence leaving said North line, S 00°15'29" E 665.47 feet to an iron pin on the South line of Railroad Lot 59; Thence with said South line S 89°4'08" W 505.83 feet to the point of beginning. Description per survey number I-2706 by Integrity Engineering, Inc. October 9, 2006. Containing 12.42 acres. Subject to easements and restrictions existing and of record.

(c) That the Planned Unit Development shall follow the requirements and standards of “Exhibit I” attached (Requirements and Standards applicable to Lot 2 of Cedar Trail Planned Unit Development) and be in substantial conformance with the site plan.

(d) That “Exhibit I” shall be filed with this ordinance. (Ord. 3647, §§1-3; Ord. 3772, §§1-3; Ord. 3900, §§2-3)

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Sec. 42-385. Approving real estate known as 1551 Highway 72 East from R-1 (Single Family) to PUD (Planned Unit Development) District zoning. (Bahr)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: A fractional part of the North Half of Lot 2 of the Northwest Quarter, and a fractional part of the North Half of Lot 3 of the Northwest Quarter of Section 18, Township 37 North, Range 7 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of Lot 2 of the Northwest Quarter of said Section 18; thence South 89°13'50" East, 30.00 feet along the Section Line to the true point of beginning of the hereinafter described tract: Thence continuing South 89°13'50" East, 516.00 feet along said Section Line to the northwest corner of a parcel described in Phelps County Deed Records at Document No. 2002-5138; thence South 0°10'40" West; 781.36 feet along the West line of said Document No. 2002-5138 parcel to the North line of a parcel described in Phelps County Deed Records at Document No. 2000-878; thence North 89°12'40" West, 559.86 feet along the northerly line of said Document No. 2000-878 parcel to its northwest corner; thence South 40°45'20" West, 421.68 feet along the westerly line of said Document No. 2000-878 parcel to the northeasterly right of way of Missouri Highway 72; thence North 49°23'10" West, 61.45 feet along said northeasterly right of way to the southernmost corner of a parcel described in Phelps County Deed Records at Document No. 2003-2216; thence North 40°58'30" East, 467.06 feet along the southeasterly line of said Document No. 2003-2216 parcel; thence South 76°34'40" East 61.21 feet; thence South 89°18' East, 170.22 feet; thence North 0°10'40" East, 375.00 feet; thence North 89°`12'50" West, 170.00 feet; thence North 0°10'10" East, 346.33 feet to the true point of beginning. Above described tract contains 8.49 acres, more or less, per plat of survey R-11834, revised June 13, 2005 by Elgin Surveying & Engineering, Inc. from R-1 (single family) to PUD (planned unit development) zoning.

(b) Any future land subdivision within the PUD shall require the dedication of right-of-way, in an amount and location as determined by the Public Works Director. (Ord. 3685, §§1-2)

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Sec. 42-386. Approving the rezoning of real estate known as 8.43 acres South of Victoria Hills Plat No. 2 from R-1 (Single Family) District to PUD (Planned Unit Development. (Forness)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Part of the SW1/4 of the SW1/4 of Section 13, T37N, R8W of the 5th P.M. in the City of Rolla, Phelps County Missouri, described as follows: commencing at the SW corner of the SW1/4 of the SW1/4 of said Sec. 13, thence N32°37'28"E 52.38 feet to the east right-of-way line of Rolla Street. Thence along said East right-of-way line N00°24'23"E 181.16 feet to the point of beginning. Thence with same N00°07'54"E 179.48 feet, thence with same N00°16'10"E 10.00 feet to the South line of Victoria Hills Plat #2, thence leaving said East right-of-way line of Rolla Street N89°21'13"E 1304.61 feet along the South line of Victoria Hills Plat #2, thence leaving said South line S00°51'30"W 9.95 feet along the East line of said SW1/4 of the SW1/4, thence with same S00°22'46"W 189.25 feet to the Northerly right-of-way line of Lions Club Drive. Thence leaving said East line along said Northerly right-of-way line the following courses and distances S64°27'53"W 76.16 feet, thence along a curve to the right having a radius of 1660.00 feet and an arc length of 604.63 feet with a chord of S75°32'33"W 601.29 feet, thence along a curve to the right having a radius of 2251.83 feet and an arc length of 135.68 feet with a chord of S88°09'16"W 135.66 feet, thence N89°52'17"W 80.73 feet, thence leaving said northerly right-of-way line N00°13'57"W 185.00 feet to the South right-of-way line of Pebble Stone Lane, thence along said South right-of-way line S89°32'03"W 250.00 feet, thence with same S89°44'43"W 185.55 feet to the point of beginning. Containing 8.43 acres. Subject to easements and restrictions existing or of record; from R-1 (single family district) to PUD (planned unit development) zoning.

(b) That Pebble Stone PUD be approved with the landscaping site plan, building elevation drawing, homeowner covenants/restrictions and Exhibit I requirements and standards.

(Ord. 3745, §§1-2)

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Sec. 42-387. Approving the rezoning of real estate known as Lot 1 of VBC Inc Subdivision from C-2 (General Retail District) zoning to PUD (Planned Unit Development District) zoning. (Lincoln Hotel Group Inc.)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Lot 1 of VBC Inc. Subdivision, a subdivision in the City of Rolla, from C-2 (general retail district) zoning to PUD (Planned Unit Development District) zoning.

(b) The PUD site plan and Exhibit 1 shall be filed with the ordinance. (Ord. 3787, §§1-2)

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Sec. 42-388. Approving rezoning real estate known as Lots 1-4 and the north half of the vacated alley of Block 9, Holloway Addition from R-3 (Multi Family) Zoning to PUD (Planned Unit Development District) Zoning. (Chapman)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Lots 1-4 and the north half of the vacated alley of Block 9, Holloway Addition, in the City of Rolla, from R-3 (multi-family district) zoning to PUD (Planned Unit Development District) zoning.

(b) The PUD site plan and Exhibit 1 shall be filed with the ordinance. (Ord. 3795, §§1-2)

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Sec. 42-389. Approving the rezoning of real estate known as 400 East 6th Street (Block 70, County Addition) from C-1 (neighborhood business district) to PUD (planned unit development district) zoning. (Marge & Mavis LLC)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: 400 East 6th Street (Block 70, County Addition), in the City of Rolla, from C-1 (neighborhood business district) zoning to PUD (planned unit development district) zoning.

(b) Exhibit I, Exhibit I (A) Site Plan, Exhibit I (B) Landscape Plan, Exhibit I (C) Exterior Elevations, shall be filed with the ordinance.

(c) By this Ordinance, the City Council hereby consents to the issuance of a license to sell liquor limited to the School House PUD. The School House PUD building does not lie within 100 lineal feet of a school, church, or building regularly used as a place of worship and, therefore, is not subject to any exception requirement under State statute. (Ord. 3873, §§1-3)

(d) That Ordinance No. 3873 of the Code of the City of Rolla, Missouri is hereby revised and amended by changing certain land use and site/building design elements as described in the attached Exhibit 1 (Text) affecting real estate described as follows: 400 East 6th Street (Block 70, County Addition), in the City of Rolla.

(e) Exhibit I (Text), Exhibit (A) Development (site) Plan, Exhibit (B) Landscape Plan, Exhibit (C) Exterior Elevation, Exhibit (D) Exterior Elevation "Patio" shall be filed with the revised and amended ordinance. (Ord. 3921, §§1-2)

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Sec. 42-390. Approving the rezoning of real estate known as part of Tract 3, Heritage Heights Addition from R-3 (Multi-Family) zoning to PUD (Planned Unit Development District) zoning. (Gingerbread House)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: A fractional part of Lot 3 of Heritage Heights Addition, Rolla, Missouri more particularly described as follows: Beginning at the Southwest corner of Tract B, of said subdivision, thence North 89°42'00” East, 378.01 feet to the Westerly right-of-way of Pershing Place, thence Southeasterly along said right-of-way on a curve with a chord bearing and distance of South 30°36'00" East, 98.24' with a 1,885.00' radius, thence South 29°06'20" East, 23.30', thence along a curve with a chord bearing and distance of South 30°22'40" East, 85.95' with a radius of 1935.08' to a point on the Westerly right-of-way of Pershing place and the Northerly right-of-way of Truman Avenue, thence along said Truman Avenue South 57°55'40" West, 215.27', thence along said right-of-way on a curve with a chord bearing and distance of North 87°56'00" West, 50.17' with a radius of 44.70', thence North 53°47'40" West, 87.80', thence along a curve with a chord bearing and distance of North 71°57'10" West, 170.18' with a radius of 273.03', thence South 89°53'20" West, 17.10' to the Easterly right-of-way of McCutchen Drive, thence along said McCutchen Drive North 00°09'10" West, 185.04' back to the point of beginning; containing approximately 2.37 acres more or less.

from R-3 (multi-family district) zoning to PUD (Planned Unit Development District) zoning.

(b) Exhibit I (Requirements/Standards), Exhibit II (Site Plan) and Exhibit III (Exterior Elevations) shall be filed with the ordinance. (Ord. 3889, §§1-2)

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Sec. 42-391. Approving the rezoning of real estate known as 207 West 9th Street from G-1 to PUD. (Wands)

(a) That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: All of Lot Four (4), of Block Fifty-Four of County Addition to the City of Rolla, Phelps County, Missouri, except the South 10 feet thereof, and the West Forty-Three (43) feet of Lot Three (3) of Block Fifty-Four (54) of County Addition to the City of Rolla, Phelps County, Missouri, except the South 10 feet thereof, as per plat recorded in Plat Cabinet B, Slide 13, Phelps County Records together with all improvements thereon, subject to easements, restrictions, roadways and reservations of record from GI (government/institutional district) zoning to PUD (Planned Unit Development District) zoning.

(b) Exhibit 1 (Requirements/Standards) shall be filed with the ordinance. (Ord. 3917, §§1-2)

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Secs. 42-392 to 42-412. Reserved.

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DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION III. REZONING

Sec. 42-413. Rezoning a portion of the east half (E 1/2) of Section 36 from "R-1" Single Family District to "M-2" Heavy Manufacturing District; portions of the south half (S 1/2) of the southeast quarter (SE 1/4) of Section 36 from "R-1" Single Family District to "C-3" Central Business District; a portion of the northeast quarter of the northeast quarter (NE 1/4) of Section 1 from "R-1" Single Family District to "R-3" Multi-Family District.

(a) A portion of the east half (E 1/2) of Section 36, township 38 north, range 8 west, City of Rolla, Phelps County, Missouri, described as follows:

Commencing at the southeast corner of said Section 36; run west to the southwest corner of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 36, said point being the point of beginning; thence continuing west to a point that is 2,015 feet from the southeast corner of Section 36, thence run north for 530 feet; thence run northeasterly for 1,625 feet to a point that is 395 feet west of the east line of the west half (W 1/2) of the southeast quarter (SE 1/4) of Section 36; thence run northeasterly for 400 feet to a point that is 150 feet west of the aforesaid line; thence run north for 550 feet, more or less, to a point on the south line of the Frisco Railroad right-of-way; thence run easterly along said right-of-way for 152.3 feet, more or less, to a point on the east line of the southwest quarter (SW 1/4) of the northeast quarter (NE 1/4) of Section 36; thence run south along said east line and along the east line of the west half (W 1/2) of the southeast quarter (SE 1/4) of Section 36 to the point of beginning, less that portion of the above described tract lying in the southwest quarter (SW 1/4) of the southeast quarter (SE 1/4) of Section 36 from:

"R-1" single family district to "M-2" heavy manufacturing district. (Ord. 1964, § 1, 5-10-76.)

(b) Portions of the south half (S 1/2) of the southeast quarter (SE 1/4) of Section 36, township 38 north, range 8 west and the northeast quarter of the northeast quarter (NE 1/4) of Section 1, township 37 north, range 8 west, City of Rolla, Phelps County, Missouri, described as follows:

Beginning at the intersection of the center line of Old St. James Road and McCutchen Drive, run south for 579.65 feet; thence run southwesterly parallel to Old St. James Road to a point on the west line of the northeast quarter (NE 1/4) of the northeast quarter (NE 1/4) of Section 1; thence run north for 579.65 feet; thence run west along the south line of Section 36 to a point that is 2,015 feet from the southeast (SE) corner of Section 36; thence run north for 530 feet; thence run northeasterly for 803.8 feet, more or less, to a point that is 546.60 feet west of the northeast (NE) corner of the southwest quarter (SW 1/4) of the southeast quarter (SE 1/4) of Section 36; thence run east to the northeast (NE) corner of the southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 36; thence run south to the point of beginning:

from "R-1" single family district to "C-3" central business district. (Ord. 1964, § 2, 5-10-76.)

(c) A portion of the northeast quarter of the northeast quarter (NE 1/4) of Section 1, township 37 north, range 8 west, City of Rolla, Phelps County, Missouri, described as follows:

Beginning at a point that is 579.65 feet south of the intersection of the center lines of Old St. James Road and McCutchen Drive, thence run southwesterly parallel to Old St. James Road to a point that is 579.65 feet south of the northwest (NW) corner of the northeast quarter (NE 1/4) of the northeast quarter (NE 1/4) of Section 1; thence run south to a point that is 350 feet north of the southwest (SW) corner of the northeast quarter (NE 1/4) of the northeast quarter (NE 1/4) of Section 1; thence run east to a point that is 350 feet north of the southeast (SE) corner of the northeast quarter (NE 1/4) of the northeast quarter (NE 1/4) of Section 1; thence run north to the point of beginning: from:

"R-1" single family district to "R-3" multi-family district. (Ord. 1964, §3, 5-10-76.)

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Sec. 42-414 Rezoning a portion of the northeast corner of the NW 1/4 of the NE 1/4 of

Section 13 from "R-1" (Single-Family) District to "C-1" (Neighborhood Business) District.

Beginning at the northeast corner of the NW 1/4 of the NE 1/4 of Section 13, township 37 N., range 8 W., Phelps County, Missouri, run west a distance of 242 feet; thence run north a distance of 393 feet to a point on the south right of way line of Missouri State Highway No. 72; thence run southeasterly along said south right of way line a distance of 970 feet to the south extension of the centerline of Johnson Street; thence run southwesterly at right angles to said south right of way line a distance of 160 feet to a point; thence run northwesterly along a line that is 160 feet southwest of and parallel to the south right of way line of Highway 72 a distance of 400 feet, more or less, to a point on the north line of Section 13; thence run west a distance of 92 feet to the point of beginning: from "R-1" (single family) district to "C-1" (neighborhood business) district. (Ord. 2017, §1, 12-13-76.)

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Sec. 42-415. Rezoning the South half (S 1/2) of lot 23 of the Railroad Addition from "R-1" (Single-Family) District to "R-3" (Multi-Family) District.

All of the south half (S 1/2) of lot 23 of the Railroad Addition to the City of Rolla, Phelps County, Missouri: from "R-1" (single-family) district to "R-3" (multi-family) district. (Ord. 2033, §1, 5-9-77.)

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Sec. 42-416. Rezoning lot 24 of the Railroad Addition from R-1" (Single-Family) District to "R-3" (Multi-Family) District.

Lot 24 of the Railroad Addition to the City of Rolla, Phelps County, Missouri: from "R-1" (single-family) district to "R-3" (multi-family) district. (Ord. 2034, §1, 5-9-77.)

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Sec. 42-417. Rezoning a fractional part of northwest quarter of Section 18 from its present district R-1 (Single Family) to C-1 (General Retail).

A fractional part of northwest quarter of Section 18, township 37 north, range 7 west and being more particularly described as follows:

Commencing at the northwest corner of said Section 18, running south 88o 26' 00" east along the north line of Section 18, a distance of 80.22 feet to a point; thence running south 2o 29' 16" a distance of 25.05 feet to a point; thence south 88o 26' 00" east along the south line of a dedicated street on the plat of East Park Place a distance of 104.41 feet to a point; thence south 286.14 feet + to the point of beginning of this description; thence continuing south to a point on the north right-of-way line of Highway 72; thence in a northwesterly direction along the north right-of-way line to a point on the east line of Pine Tree Road; thence north 39o 20' 30" west a distance of 58.35 feet to a point; thence north 2o 39' 16" west to a point that is 86 feet + west of the point of beginning; thence east a distance of 86 feet + to the point of beginning:

from its present district R-1 (single-family) to C-1 (general retail). (Ord. 2049, §1, 8-8-77.)

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Sec. 42-418. Rezoning a fractional part of the south-east quarter of the southwest quarter of Section 14 from its present district R-1 (Single-Family) to C-2 (Retail Business).

A fractional part of the southeast quarter of the southwest quarter of Section 14, township 37 north, range 8 west, more particularly described as:

Beginning at a point 558 feet north of the intersection of the east right of way line of U.S. Highway 63 and the south line of the southeast quarter of the southwest quarter of said Section 14; thence east 209 feet to a point; thence north 418 feet to a point; thence west 209 feet to a point on the east right of way line of U.S. Highway 63; thence south along the east right of way of U.S. Highway 63 to the point of beginning:

from its present district R-1 (single-family) to C-2 (retail business). (Ord. 2050, §1, 8-8-77.)

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Sec. 42-419. Rezoning six and three quarter (6.75) acres in lot two (2) of the northwest quarter of Section 7 from its present district R-1 (Single-Family) to R-3 (Multi-Family).

Six and three quarter (6.75) acres in lot two (2) of the northwest quarter of Section 7, township 37 north, range 7 west in Phelps County, Missouri, and more particularly described as follows:

Commencing at the northwest corner of lot two (2) of the northwest quarter of said Section 7; thence south 0o 38' west, 35.0 feet along the west line of said Section lot two (2) to the south right-of-way of Phelps County Route "BB"; thence south 89o 01' east 700 feet; thence south 0o 58' west 400 feet to the point of beginning of the tract hereinafter described; thence south 0o 58' west 805 feet: thence north 73o 08' west 424 feet; thence north 0o 58' east 450 feet; thence north 24o 25' east 260 feet; thence south 89o 01' east 305 feet to the point of beginning:

from its present district R-1 (single-family) to R-3 (multi-family). (Ord. 2054, §1, 9-12-77.)

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Sec. 42-420. Rezoning a portion of Railroad lots 82 and 83 from its present district R-1 (Single-Family Dwelling) and C-2 (General Retail) to C-3 (Commercial District).

A portion of Railroad lots 82 and 83 in the City of Rolla, Missouri, and more particularly described as follows:

Beginning at the southwest corner of said Railroad lot no. 83; thence north along the west line of said lot 83, 70.0 feet; thence east parallel with the south line of said lot 83 to the west right-of-way of Missouri Highway 63; thence northeasterly along said right-of-way for 365.8 feet; thence west parallel with the south line of said lots 83 and 82 for 1,000 feet, more or less, to the northeast line of a tract deeded to Roger M. and Elizabeth Watson by George and Mary Sonewald dated November 7, 1964; thence southeasterly at a right angle to County Road No. 143 to a point that is 151 feet from the east right-of-way of said road; thence southwesterly parallel to said road for 426.85 feet to a point on the south line of lot 82; thence east along the south line of lot 82 for 610 feet, more or less, to the point of beginning:

from its present district R-1 (single-family dwelling) and C-2 (general retail) to C-3 (commercial district). (Ord. 2055, §1, 9-12-77).

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Sec. 42-421. Rezoning a tract of land located south of Old St. James Road and east of Farrar Drive from its present R-1 (Single-Family) District to C-3 (Commercial) District; a tract of land located east of Farrar Drive and 1,386 feet south of Old St. James Road from its present R-1 (Single-Family) District to R-3 (Apartment) District; a tract of land located east of Farrar Drive and 2,396 feet south of Old St. James Road from its present R-1 (Single-Family) District to C-3 (Commercial) District; a tract of land located south of the proposed Eighteenth Street and west of the east line of the SW 1/4 of the NE of Section 1 from its present R-1 (Single-Family) District to R-2 (Two-Family) District.

TRACT 1: A parcel of land located south of Old St. James Road and east of Farrar Drive, being more particularly described as follows:

Beginning at the NW corner of the NE 1/4 of Section 1, township 37 north, range 8 west; thence east 1,320 feet to the NE corner of the NW 1/4 of Section 1; thence south along said quarter-quarter-Section line 1066 feet; thence west 575 feet; thence south 170 feet; thence south 46o 30' west 240 feet; thence west 580 feet to the center line of Farrar Drive; thence north along said center line 1,386 feet to the point of beginning;

from its present R-1 (single-family) district to C-3 (commercial) district.

TRACT 2: A parcel of land located east of Farrar Drive and 1,386 feet south of Old St. James Road, being more particularly described as follows:

Beginning at a point in the center line of Farrar Drive, 1,386 feet south of the NW corner of the NE 1/4 of Section 1, township 37 north, range 8 west to a new point of beginning; thence east 580 feet; thence north 46o 30' east 240 feet; thence north 170 feet; thence east 575 feet; thence south 1,360 feet along the east line of W 1/2 of the NE 1/4 of Section 1; thence west along the proposed north right-of-way of Eighteenth Street 270 feet; thence north 12o 0' west 455 feet; thence south 82o 0' west 396 feet; thence south 68o 30' west 300 feet; thence south 49o 0' west to a point of intersection with the center line of Farrar Drive; thence north along the center line of Farrar Drive 1,010 feet to the new point of beginning:

from its present R-1 (single-family) district to R-3 (apartment) district.

TRACT 3: A parcel of land located east of Farrar Drive and 2,396 feet south of Old St. James Road, more particularly described as follows:

Beginning at a point 2,396 feet south of the NW corner of the NE 1/4 of Section 1, township 37 north, range 8 west, said point of beginning being located in the center line of Farrar Drive; thence north 49o 0' east 385 feet; thence north 68o 30' east 300 feet; thence north 82o 0' east 396 feet; thence south 12o 0' east 455 feet to the north right-of-way line of the proposed Eighteenth Street; thence southwesterly along said proposed right-of-way to a point 120 feet southwest of the intersection with the north line of the SE 1/4 of Section 1; thence west 270 feet to a point of intersection with the center line of Farrar Drive; thence north along the center line of Farrar Drive 350 feet to the point of beginning:

from its present R-1 (single-family) district to C-3 (commercial) district.

TRACT 4: Being a parcel of land located south of the proposed Eighteenth Street and west of the east line of the SW 1/4 of NE 1/4 of Section 1, township 37 north, range 8 west, more particularly described as follows:

Beginning at the NW corner of the NE 1/4 of Section 1, thence south 2,640 feet thence east 1,030 feet to a new point of beginning; thence east 310 feet; thence north 154 feet; thence west 310 feet; thence south 154 feet to the new point of beginning:

from its present R-1 (single-family) district to R-2 (two-family) district. (Ord. 2059, §1, 10-10-77.)

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Sec. 42-422. Rezoning lot 39 and 40 of Rolla Park 2nd Addition from its present district C-1 (Neighborhood Business) District to C-2 (General Retail) District.

Lot 39 and 40 of Rolla Park 2nd Addition to the City of Rolla, Phelps County, Missouri: from its present district C-1 (neighborhood business) district to C-2 (general retail) district. (Ord. 2068, §1, 12-12-77.)

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Sec. 42-423. Rezoning all that part of Railroad lot 74 that lies west of South Rolla Street from its present district R-1 to C-2.

All that part of Railroad lot 74 that lies west of the road known as the Rolla-German Settlement Road (now known as South Rolla Street) in Rolla, Phelps County, Missouri: from its present district R-1 to C-2. (Ord. 2080, §1, 2-13-78.)

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Sec. 42-424. Rezoning lots 152, 153, 154, 155, 156, 157, 160, 161 and 162 in the

resubdivision of lots 149 through 176, lots 182 through 199 and tracts 1 and 2 of the Forum Addition from its present R-1 (Single-Family) District to R-3 (Multi-Family District).

Lots 152, 153, 154, 155, 156, 157, 160, 161 and 162 in the resubdivision of lots 149 through 176, lots 182 through 199 and tracts 1 and 2 of the Forum, an addition to the City of Rolla, Missouri, as per plat filed August 11, 1972: from its present R-1 (single-family) district to R-3 (multi-family) district. (Ord. 2093, §1, 4-10-78.)

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Sec. 42-425. Rezoning those portions of the north 165 feet of lot 38 and all of lot 31 of the Railroad Addition from its present district R-2 (Two-Family) District to C-2 (General Retail) District.

Those portions of the north 165 feet of lot 38 and all of lot 31 of the Railroad Addition to the City of Rolla, Missouri, lying between the south right-of-way line of Interstate Highway 44 and a line lying 125 feet north of and parallel to the northwest right-of-way line of Bishop Avenue: from its present R-2 (two-family) district to C-2 (general retail) district. (Ord. 2102, §1, 6-12-78.)

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Sec. 42-426. Rezoning all of a fractional part of lot 6, lot 7 and lot 8 of block 3 of Frisco Addition from its present district R-2 (Two-Family) District to C-2 (General Retail) District.

All of a fractional part of lot 6, lot 7 and lot 8 of block 3 of Frisco Addition to the City of Rolla, Missouri, more particularly described as follows:

Beginning at the northwest corner of lot 9 of block 3 of Frisco Addition; thence east along the south line of 18th Street a distance of 57 feet to the point of beginning of the tract herein described; thence continuing east along the south line of 18th Street a distance of 83 feet; thence south parallel to the east line of lot 7 of block 3 a distance of 50 feet; thence west parallel to the south line of 18th Street a distance of 63 feet; thence north parallel to the east line of lot 7 of block 3 a distance of 15 feet; thence west parallel to the south line of 18th Street a distance of 20 feet; thence north parallel to the east line of lot 7 of block 3 a distance of 35 feet, more or less, to the point of beginning of the tract herein described:

from its present district R-2 (two-family) district to C-2 (general retail) district. (Ord. 2103, §1, 6-12-78.)

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Sec. 42-427. Rezoning portions of lot four (4) of the Rolla Park Addition; lots 4, 3, 2, 1, and lot 13 of the Rolla Park Addition; lot 3, block 23 of the Rolla Proper Addition; lot 52, block 22 of the James Addition; Lot six (6) of Null's First Addition (unrecorded); and the northeast corner of the northwest quarter of the southeast quarter of Section 11 from its present district C-1 (Neighborhood Business) to R-1 (Single-Family).

Beginning at the southwest corner of lot four (4) of the Rolla Park Addition; thence northwesterly along the west line of lots 4, 3, 2 , and 1 to the north corner of lot 13 of the Rolla Park Addition; thence north 148 feet, more or less, to a point, thence east 114 feet to the southeast corner of lot 3, block 23 of Rolla Proper Addition; thence north to the centerline of First Street; thence east along the centerline of First Street a distance of 864 feet; thence south along the east line of lot 52, block 22 of the James Addition and its southerly extension a distance of 560 feet to the southeast corner of lot six (6) Null's First Addition (unrecorded); thence westerly along the south line of said lot six (6) and its westerly extension to the centerline of Love Creek and along the centerline of Love Creek a distance of 300 feet, more or less, to a point that is 164 feet west of the centerline of Elm Street;thence north to a point that is 217.5 feet south of the northeast corner of the northwest quarter of the southeast quarter of Section 11, township 37 north, range 8 west, Phelps County, Missouri; thence west a distance of 370 feet to a point on the east right of way line of Rolla Street; thence southerly along said east right of way line a distance of 198 feet, more or less, to the centerline of Love Creek; thence westerly along said centerline a distance of 91 feet, more or less, to the point of beginning:

from its present district C-1 (neighborhood business) to R-1 (single-family). (Ord. 2127, §1, 1-8-79.)

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Sec. 42-428. Rezoning the southwest corner of lot four (4), block twenty-two (22) of Rolla Proper Addition from its present district C-1 (Neighborhood Business) to R-1 (Single Family).

Commence at the southwest corner of lot four (4), block twenty-two (22) of Rolla Proper Addition to the City of Rolla; thence run southerly along the east right of way line of Rolla Street for 217.5 feet to the point of beginning; thence run east 370 feet to a point; thence run south to the centerline of Love Creek; thence run westerly along the centerline of Love Creek to the east right of way line of Rolla Street; thence run northerly along the east right of way of Rolla Street to the point of beginning:

from its present district C-1 (neighborhood business) to R-1 (single family). (Ord. 2128, §1, 1-8-79.)

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Sec. 42-429. Rezoning all of block seventy (70) in the County Addition as R-3 (Multi-Family).

All of block seventy (70) in the County Addition to the City of Rolla, Missouri as R-3 (multi-family). (Ord. 2129, §1, 1-8-79.)

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Sec. 42-430. Rezoning lots 8 through 11, inclusive; lots 16 through 26, inclusive and lots 28 through 31, inclusive in the Brookridge Estates (Tract No. 1) Addition from its present district R-2 (Two-Family)District to R-1 (Single-Family) District.

Lots 8 through 11, inclusive; lots 16 through 26, inclusive and lots 28 through 31, inclusive in the Brookridge Estates (Tract No. 1) Addition to the City of Rolla: from its present district R-2 (two-family) district to R-1 (single-family) district. (Ord. 2132, §1, 2-12-79.)

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Sec. 42-431. Rezoning lots 38 through 58 in the Woodcrest Estates Addition from its present district R-1 (One-Family) District to R-3 (Apartment) District.

Lots 38 through 58 in the Woodcrest Estates Addition to the City of Rolla, Missouri from its present district R-1 (one-family) district to R-3 (apartment) district. (Ord. 2204, §1, 5-12-80.)

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Sec. 42-432. Rezoning real estate situated in the SW 1/4 of the SE 1/4 of Section 12,

township 37 north, range 8 west from its present R- 1 (Single Family) District and C-1 (Neighborhood retail) District to C-2 (General Retail) District.

A fractional part of the SW 1/4 of the SE 1/4 of Section 12, township 37 north, range 8 west, described as follows:

Beginning at the intersection of the west line of SW 1/4 of SE 1/4 of Section 12, township 37 north, range 8 west and the south right of way line of U.S. Highway 72; thence south 228.0 feet to a point; thence east 160 feet to a point; thence north 121.9 feet to the south right-of-way line of Highway 72; thence northwesterly along said south right-of-way line 192 feet to the point of beginning:

from its present R-1 (single-family) district and C-1 (neighborhood retail) district to C-2 (general retail) district. (Ord. 2230, §1, 9-8-80.)

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Sec. 42-433. Rezoning lots 17 through 20 and lots 25 through 31 of Brookridge Estates, Third Addition, from its present R-1 (Single-Family) District to R-2 (Two-Family) District.

Lots 17 through 20 and lots 25 through 31 of Brookridge Estates, Third Addition, City of Rolla, county of Phelps, state of Missouri: from its present R-1 (single-family) district to R-2 (two-family) district. (Ord. 2269, §1, 8-4-81.)

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Sec. 42-434. Rezoning approximately 20 acres in the northeast quarter of Section 3,

township 37 north, range 8 west from its present R-1 (Single-Family) District to R-3 (Multi-Family) District.

All of the north half of the southeast quarter of the northeast quarter of Section 3, township 37 north, range 8 west, Phelps County, Missouri, containing 20 acres, more or less: from its present R-1 (single-family) district to R-3 (multi-family) district. (Ord. 2291, §1, 12-7-81.)

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Sec. 42-435. Rezoning real estate situated on sites occupied by Frank B. Powell Lumber

Company including the west half of the block bounded by Seventh, Rolla, Sixth and Main Streets; the east half of the block bounded by Sixth, Rolla, Fifth and Main Streets; and the block bounded by Sixth, Pine, Fifth and Rolla Streets from its present C-1 (Neighborhood Business) District to C-3 (Commercial) District.

All of lots 2, 3, 6 and 7, block 45, Bishop Addition; lots 1, 4 and 5 of block 46 of Bishop Addition; and all of block 62 of County Addition to the City of Rolla, Missouri: from its present C-1 (neighborhood business) district to C-3 (commercial) district. (Ord. 2320, §1, 5-3-82.)

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Sec. 42-436. Rezoning a tract of land situated in lot 2 of the northwest quarter of Section 18 from its present R-1 (One-Family) District to C-1 (Neighborhood Business) District.

A tract of land situated in lot 2 of the northwest quarter of Section 18, township 37 north, range 7 west, being more particularly described as follows:

Commencing 1,304.8 feet east of the southwest corner of the northwest quarter of said Section 18; thence north 70o east for 231.4 feet; thence north 34o 08' east for 690 feet, more or less, to the point of beginning on the south city limit line; thence continue north 34o 08' east for 4 feet, more or less, to a point on the south right of way line of Missouri State Highway 72; thence north 48o 46' west along said line for 140 feet, thence south 34o 08' west for 170 feet, more or less, to existing city limits; thence easterly along the existing city limits for 210 feet, more or less, to the point of beginning:

from its present R-1 (one-family) district to C-1 (neighborhood business) district. (Ord. 2331, §1, 7-6-82.)

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Sec. 42-437. Rezoning real estate on Rucker and Faulkner from its present C-1(Neighborhood Business) District to C-2 (General Retail) District.

Lots 5 and 6 in block 6 in Cowan's Addition to the City of Rolla, Missouri: from its present C-1 (neighborhood) district to C-2 (general retail) district. (Ord. 2337, § 1, 8-2-82.)

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Sec. 42-438. Rezoning real estate on Old St. James Road: fractional parts of the S 1/2 of the NW 1/4 of Section 1 from its present R-1 (One- Family) District to R-2 (Two-Family) District; R-3 (Multi- Family) District; and M-2 (Heavy Manufacturing) District.

(a) All of a fractional part of the S 1/2 of the NW 1/4 of Section 1, township 37, range 8, described as follows:

Commencing at a point where north line of said S 1/2 of NW 1/4 of Section 1, township 37, range 8 intersects with the centerline of Burlington Railroad; thence east 102 feet; thence in a southerly direction along east line of a private road 366.5 feet; thence east 369 feet; thence south 235 feet to the point of beginning; thence east 790 feet; thence south 213 feet; thence west 261 feet; thence north 139 feet; thence west 529 feet; thence north 74 feet to the point of beginning:

from its present R-1 (one-family) district to R-2 (two-family) district. (Ord. 2338, § 1, 8-2-82.)

(b) All of a fractional part of the S 1/2 of the NW 1/4 of Section 1, township 37, range 8, described as follows:

Commencing at a point where north line of said S 1/2 of NW 1/4 of Section 1, township 37, range 8 intersects with the centerline of Burlington Railroad; thence east 102 feet; thence in a southerly direction along east line of a private road 366.5 feet; thence east 369 feet to the point of beginning; thence east 790 feet; thence south 235 feet; thence west 790 feet; thence north 235 feet to the point of beginning:

from its present R-1 (one-family) district to R-3 (multi-family) district. (Ord. 2338, § 2, 8-2-82.)

(c) All of a fractional part of the S 1/2 of the NW 1/4 of Section 1, township 37, range 8, described as follows:

Commencing at a point where north line of said S 1/2 of NW 1/4 of Section 1, township 37, range 8 intersects with the centerline of Burlington Railroad; thence east 102 feet; thence in a southerly direction along the east line of a private road 366.5 feet to the point of beginning; thence east 369 feet; thence south 309 feet; thence west 463.5 feet; thence northeasterly along east line of said road 319.7 feet to the point of beginning:

from its present R-1 (one-family) district to M-2 (heavy manufacturing) district. (Ord. 2338, §3, 8-2-82.)

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Sec. 42-439. Real estate known as the Renick Property situated in lot 5 of block 60 of County Addition zoned as M-2 (Heavy Manufacturing).

In the roughly triangular shape bounded by Sixth and Seventh Streets, Elm Street and the Burlington-Northern Railroad tracts being more particularly described as lot 5 of block 60 of County Addition to the City of Rolla, Missouri zoned as M-2 (heavy manufacturing). (Ord. 2353, §1, 11-15-82.)

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Sec. 42-440. Rezoning real estate known as the Buren Matthews property, situated in a fractional part of lot 2 in the northwest quarter of Section 18, from its present R-1 (Single-family) District to C-1 (Neighborhood Business) District.

A fractional part of lot 2 in the northwest quarter of Section 18, township 37 north, range 7 west, more particularly described as follows:

Beginning at the southwest corner of lot 2 in the northwest quarter of said Section 18; thence north 22o 00' east a distance of 585 feet, more or less, to the point of beginning on the south city limit line; thence continue north 22o 00' east a distance of 335 feet, more or less, to the south right of way line of Missouri State Highway 72; thence south 48o 46' east along said line a distance of 185 feet, more or less, to the northwest corner of the Clarence Whites property; thence south 34o 08' west a distance of 170 feet, more or less, to the existing city limit line; thence southwesterly along said line a distance of 180 feet, more or less, to the point of beginning:

from its present R-1 (single-family) district to C-1 (neighborhood business) district. (Ord. 2361, §1, 1-3-83.)

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Sec. 42-441. Rezoning the Wiggins Tract, located on the west side of White Columns Drive and north of Regal Trailer Park and south of Chapman Drive, from R-1 (One-Family) District to R-3 (Multi- Family) District.

All of lots 6 to 17, inclusive, and 28 to 39, inclusive, in Kayser North Hills Subdivision to Rolla Township, Phelps County, Missouri, according to plat of record in the Recorder's Office of Phelps County, Missouri, and which subdivision lies wholly in Railroad lot 22, which is the northwest quarter of the southwest quarter of the northwest quarter of Section 2, township 37 north, range 8 west of the 5th p.m. in Missouri, ALSO, that portion of Crinoidal and Oolitic Avenues lying in the north half of Kayser North Hills Subdivision of Phelps County, Missouri:

from its present R-1 (One-Family) District to R-3 (Multi-Family) District. (Ord. 2369, §1, 4-4-83).

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Sec. 42-442. Zoning the Antolak Tract, located on the north side of East Tenth Street near the eastern city limits, to C-1 (Neighborhood Business) District.

All that part of the W 1/2 of the S 1/2 of lot 2 of the SW 1/4 of Section 6, Twp. 37 N., Rng. 7 W. of 5th P.M., described as follows: Commencing at the SW corner of the W 1/2 of the S 1/2 of lot 2 of the SW 1/4 of said Sec. 6 (and on Phelps County Route "BB"); thence N. 0o 12' E. 30.0 ft. along the W. line of said W 1/2 of the S 1/2 of lot 2 of the SW 1/4 to the N. right of way of Phelps County Route "BB", the true point of beginning of the tract hereinafter described: thence continuing N. 0o 12' E. 273.0 ft. along said W. line of the W 1/2 of the S 1/2 of Lot 2 of the SW 1/4, being along the existing city limit line; then S. 89o 06' E. 331.43 ft.; thence S. 0o 12' W. 273.0 ft. to the N. right of way of aforesaid Phelps County Route "BB", thence N. 89o 06' W. 331.43 ft. along said N. right of way to the true point of beginning. The above tract contains 2.08 acres, more or less:

to C-1 (Neighborhood Business) District. (Ord. 2393, §1, 10-3-83).

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Sec. 42-443. Zoning the Missouri Baptist Convention Tract as R-3 (Multi- Family) District.

Beginning at a point 310 feet west of the northwest corner of block 85 in Bishop's Second Addition to the City of Rolla, Missouri, on the south line of Eleventh Street, extended west; thence west 77 feet; thence south parallel to State Street 125 feet; thence east 77 feet; thence north parallel to State Street 21.5 feet; thence west 3.3 feet; thence north 31.3 feet; thence east 3.3 feet; thence north 72.2 feet to the place of beginning. Being a fractional part of the southeast quarter of the southwest quarter of Section 2, township 37 north, range 8 west, all in the City of Rolla, County of Phelps and State of Missouri:

zoned as R-3 (Multi-Family) District. (Ord. 2405, §1, 2-6-84).

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Sec. 42-444. Rezoning the real estate known as the Bradford and Fitzsimmons Studio from R-3 (Multi-Family) District to C-1 (Neighborhood Commercial) District.

Beginning at the NW corner of block 4 of the Rolla Mill Addition; thence S. along the E. line of Cedar Street a distance of 240.2 ft.; thence E. parallel to the S. line of said block 4 a distance of 245.0 ft.; thence N. parallel to the eastern boundary line of block 4 a distance of 240.2 ft.; thence W. a distance of 245.0 ft. to the point of beginning:

from its present R-3 (Multi-Family) District to C-1 (Neighborhood Commercial) District. (Ord. 2408, §1, 3-5-84).

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Sec. 42-445. Rezoning the Vivian Bradford Tract from R-1 (Single-Family) District to C-1 (Neighborhood Business) District.

All of a frac. part of the SW 1/4 of the SE 1/4 of Sec. 12, Twp. 37 N., Rng. 8 W., described as follows: Beginning at a point 903 links south of the NE corner of the SW 1/4 of the SE 1/4 of Sec. 12 and on the east line thereof; running thence 471 1/2 links west to the center of the Rolla and Salem Road; thence SE along the center of said road 332 1/2 links; thence East 286 links to the east line of said forty; thence north 279 links to the place of beginning, containing 1 acre, more or less.

from its present R-1 (Single-Family) District to C-1 (Neighborhood Business) District. (Ord. 2409, §1, 3-5-84).

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Sec. 42-446. Zoning the Sally Tract as C-3 (Commercial) District.

Tract no. 13 of Forum Lakes, an Addition to the City of Rolla, Missouri:

zoned as C-3 (Commercial) District. (Ord. 2414, §1, 4-2-84).

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Sec. 42-447. Zoning the Hempe-Harris Tract as R-1 (Single-Family) District.

Those portions of the NE 1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 of Section 35, township 38 north, range 8 west of the 5th P.M. that lies west of the Rolla and Vichy Road, containing 38 acres, more or less:

as R-1 (Single-Family) District. (Ord. 2416, §1, 5-7-84).

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Sec. 42-448. Rezoning the Spilman Tract from R-1 (Single Family)District to C-3 (Commercial) District.

Lots 5 and 6 in Block 12 of Cowan's Addition to the City of Rolla, Missouri, and the West Half of Lot 10 in Block 12 in Cowan's Addition to the City of Rolla, Missouri.

from its present R-1 (single family) district to C-3 (commercial) district. (Ord. 2423, §1, 7-2-84).

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Sec. 42-449. Rezoning the Rist Tract from R-1 (Single Family) District to C-1 (Neighborhood Business) District.

A frac. part of the S 1/2 of the SE 1/4 of Sec. 12, Twp. 37 N., Rng. 8 W. in the City of Rolla, Mo., and more particularly described as follows: Commencing at the SW corner of the SE 1/4 of the SE 1/4 of said Sec. 12; thence N. 0°38' E. 373.4 ft. along the W. line of the SE 1/4 of the Se 1/4 to the true point of beginning of the tract hereinafter described on the N. right of way of Mo. Hwy. 72; thence S. 52°52' E. 61.86 ft. along said N. right of way; thence N. 0°47' E. 231.20 ft. partly along the W. line of Laird's Second Addition to the City of Rolla; thence S. 89°13' W. 35.0 ft. to a point; thence S. 0°47' W. 85.0 ft. to a point; thence S. 31°10' W. 47.92 ft. to a point; thence S. 0°47' W. 60.0 ft. to a point; thence S. 52°52' E. 12.42 ft. along the N. right of way of Missouri Hwy. 72 to the point of beginning.

from its present R-1 (single family) district to C-1 (Neighborhood Commercial) district. (Ord. 2424, §1, 7-2-84).

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Sec. 42-450. Rezoning the Lynch Tract from R-1 (Single Family) to C-2 (General Retail) District.

All that part of the N 1/2 of the SW 1/4 of Sec. 10 Twp. 37N., Rng. 8 W. of 5th P.M., described as follows: Commencing at the NW corner of the N 1/2 of the SW 1/4 of said Sec. 10; thence S. 1°27'40" W. 982.64 ft. along the W. line of said N 1/2 of the SW 1/4 (and on Phelps County Road No. 23) to the N. right of way of U. S. Hwy. Interstate 44 Outer Road; thence along said N. right of way N. 79°31' E. 22.28 ft. to a right of way marker at Sta. 845+95 (250 ft. lt.) and S. 58°01'40" E. 147.49 ft. to a right of way marker at Sta. 847+05 (150 ft. lt.) and S. 76°53'40" E. 955.64 ft. along the chord of a curve to a right of way marker at p.t. St. 856+72.6 lt. lane (150 ft. lt.) and N. 74°37' E. 328.51 ft. all along said N. outer road right of way to the true point of beginning of the tract hereinafter described: thence continuing along said N. right of way N. 74°37' E. 261.66 ft. to a right of way marker at p.c. Sta. 862+64.0 lt. lane (150 ft. lt.) and N. 65°03' E. 52.12 ft., all along said N. right of way; thence N. 15°22'40" W. 440 ft., more or less, to the Rolla City Limits; thence S. 74°37' W. 313.06 ft.; thence S. 15°22'40" E. 450 ft., more or less, to the true point of beginning.

from its present R-1 (Residential Single Family) District to C-2 (General Retail) District. (Ord. 2428, §1, 8-6-84).

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Sec. 42-451. Rezoning the Moutray Tract from R-1 (Single Family) District to C-2 (General Retail) District.

All that part of Lot 103 in the Railroad Addition to the City of Rolla, Missouri, that lies East of the Rolla and Newburg Road (Bridge School Road), less that portion that lies within the right of way of the Burlington-Northern Railroad.

from its present R-1 (one-family) district to C-2 (General Retail) district. (Ord. 2438, §1, 11-5-84).

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Sec. 42-452. Rezoning the Schreiner Tract from R-2 (Two Family) District to R-3 (Apartment) District.

All of Block 9 in Holloway's Addition to the City of Rolla, Missouri.

from its present R-2 (Two Family) District to R-3 (Apartment) District. (Ord. 2440, §1, 12-3-84).

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Sec. 42-453. Zoning the UPS Tract as M-1 (Light Manufacturing) District.

A frac. part of the NE 1/4 of the NE 1/4 of Sec. 31, Twp. 38 N., Rng. 7 W. and a frac. part of the NW 1/4 of the NW 1/4 of Sec. 32, Twp. 38 Rng. 7 W., more particularly described as follows: Beginning at the NW corner of Sec. 32, Twp. 38 N., Rng. 7 W.; thence N. 86°25' W. 13.29 ft. to the E. right of way of Old Phelps County Highway "V"; thence S. 6°37' W. along the E. right of way of said Highway 150.0 ft.; thence S. 86°25' E. 404.42 ft.; thence N. 0°53' E. 150.0 ft.; thence N. 86°25' W. 376.13 ft. to the point of beginning.

zoned as M-1 (Light Manufacturing) District. (Ord. 2450, §1, 2-4-85).

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Sec. 42-454. Rezoning the Sooter Tract from R-1 (Single Family) District to C-1 (Neighborhood Business) and C-1 (Neighborhood Business) District to C-3 (Commercial) District.

(a) The North 200 feet of the following described tract: A fractional part of the SW 1/4 of the SE 1/4 of Sec. 12, Twp. 37N., Rng. 8 W. in Phelps Co., Mo., more particularly described as follows: Commencing at the SW corner of the SW 1/4 of the SE 1/4 of said Section 12, thence S. 89°55' E. along the south line of said Sec. 12, 338.5 ft. to the point of beginning; thence North 194.9 ft. to a point; thence N. 63°50' W. 200.0 ft. to a point; thence North 100.0 ft. to a point; thence northeasterly along the east line of a 30 foot wide road easement 360.0 ft., more or less, to a point on the south right of way line of Missouri Highway No. 72; thence southeasterly along said right of way line 420.0 ft. to a point; thence S. 25°41'30" W., 410 feet to a point; thence No. 63°50' W. 250 ft., more or less, to the point of beginning.

from its present R-1 (One Family) District to C-1 (Neighborhood Retail) District. (Ord. 2452, § 1, 3-4-85).

(b) A fractional part of the SW 1/4 of the SE 1/4 of Sec. 12, Twp. 37N., Rng. 8 W. in Phelps Co., Mo., more particularly described as follows: Commencing at the SW corner of the SW 1/4 of the SE 1/4 of said Section 12, thence S. 89°55' E. along the south line of said Sec. 12, 338.5 ft. to the point of beginning; thence North 194.9 ft. to a point; thence N. 63°50' W. 200.0 ft. to a point; thence North 100.0 ft. to a point; thence northeasterly along the east line of a 30 foot wide road easement 360.0 ft., more or less, to a point on the south right of way line of Missouri Highway No. 72; thence southeasterly along said right of way line 420.0 ft. to a point; thence S. 25°41'30" W., 410 feet to a point; thence N. 63°50' W. 250 ft., more or less, to the point of beginning. LESS the North 200 ft. thereof.

from its present C-1 (Neighborhood Retail) District to C-3 (Commercial) District. (Ord. 2452, § 2, 3-4-85).

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Sec. 42-455. Rezoning the Clayton International Leasing Tract from the C-1 (Neighborhood Business) District to the C-2 (General Retail) District.

A part of the SW 1/4 of the SE 1/4 of Sec. 12, Twp. 37 N., Rng. 8 W., more particularly described as follows: Commencing from an iron pin locating the SE corner of said SW 1/4; thence N. 89°55' W. 242 ft. to an iron pin marking the point of beginning; thence N. 0°52' E. 392.6 ft. to the S. right of way of Missouri Highway 72; thence N. 72°6' W. 350 ft. to an iron pin; thence S. 25°41'30" W. 459.05 ft. to an iron pin; thence S. 6°32' W. 16 ft. to an iron pin; thence S. 62°58'48" E. 131.8 ft. to an iron pin; thence S. 0° E. 10 ft. to an iron pin; thence S. 89°55' E. 410.3 ft. to the point of beginning.

from its present C-1 (Neighborhood Business) District to C-2 (General Retail) District. (Ord. 2453, §1, 4-1-85.)

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Sec. 42-456. Rezoning the KTTR Tract from R-1 (One-Family) District to C-2 (General Retail) District.

A fractional part of the South Half of Lot 3 of the Northwest Quarter and of the North Half of Lot 3 of the Southwest Quarter lying North of the County Road, known as the Soest Road of Section 7, Township 37 North of Range 7 West, more particularly described as follows: Beginning at a point 2120 feet South and 800 feet East of the Northwest corner of said Lot 3 of Northwest Quarter of Section 7; thence South 12°30' West a distance of 400 feet to the North right of way line of said Soest Road; thence South 74° East along the North line of said road, a distance of 400 feet; thence North 12°30' East a distance of 400 feet; thence North 74° West a distance of 400 feet to the place of beginning, and containing 3.6 acres, more or less.

from its present R-1 (One-family) district to C-2 (General Retail) District. (Ord. 2458, §1, 5-6-85.)

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Sec. 42-457. Rezoning the Lanning Tract from R-1 (One-Family) District to C-2 (General Retail) District.

All of Lot 84 and the East fractional part of Lot 83, being all that part of said Lot lying East of Rolla and Houston Road (U.S. Hwy. 63) and containing 13 acres more or less, and all being in the Railroad Addition to the City of Rolla, Missouri; except the following described tract: Beginning at the Northeast Corner of Railroad Lot 84, run South 1°12' W. along the East line of Lot 84 for 130.0 ft.; thence S. 89°03' W. for 70.0 ft.; thence N. 1°12' E. for 130.0 ft.; thence N. 89°03' E. for 70.0 ft. to the point of beginning.

from its present R-1 (One Family) District to C-2 (General Retail) District. (Ord. 2460, §1, 6-3-85.)

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Sec. 42-458. Rezoning a part of the Powell Tracts from R-1 (One-Family) District to C-3 (Commercial) District and another specified part of the Powell Tracts from C-2 (General Retail) District to C-3 (Commercial) District.

Frac. parts of Lots 82 and 83 of Railroad Addition to the City of Rolla, Missouri, and more particularly described as follows: Commencing at the NW corner of Railroad Lot 82; thence S. 89°52' E. 510.0 ft. along the N. line of said Lot 82; thence S. 3°20' W. 25.0 ft. to the S. line of Lanning Lane, the true point of beginning of the tract hereinafter described: thence S. 89°52' E. 292.96 ft. along the S. line of Lanning Lane; thence S. 9°07' W. 216.01 ft.; thence N. 88°47' W. 240.68 ft.; thence N. 4°56' W. 209.62 ft. to the true point of beginning. Above tract contains 1.29 acres, more or less. This survey is recorded in Phelps County Surveyor's Records, Book "G", Page S-3210.

from its present R-1 (one-family) district to C-3 (commercial) district; and

A frac. part of Lot 83 of Railroad Addition to the City of Rolla, Missouri, and more particularly described as follows: Commencing at the NW corner of Railroad Lot 82; thence S. 89°52' E. 510.0 ft. along the N. line of said Lot 82; thence S. 3°20' W. 25.0 ft. to the S. line of Lanning Lane; thence S. 89°52' E. 292.96 ft. along the S. line of Lanning Lane to the true point of beginning; thence continuing S. 89°52' E. 15.22 ft.; thence S. 0°08' W. 214.29 ft.; thence N. 88°47' W. 48.96 ft.; thence N. 9°07' E. 216.01 ft. to the true point of beginning, containing 0.16 acres, more or less, according to survey recorded in Phelps County Surveyor's Records Book "G", Page S-3210. Subject to legally established roads and easements.

from its present C-2 (general retail) district to C-3 (commercial) district. (Ord. 2474, §1, 12-2-85.)

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Sec. 42-459. Rezoning the real estate known as the Hayes Tract from "C-1"(Neighborhood Retail District) to "C-2" (General Retail District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the city of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the city of Rolla, Missouri, and described as follows:

A fractional part of the Southwest Quarter of the Southeast Quarter of Section 35 Township 38 North, Range 8 West in the City of Rolla, Missouri and more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of the Southeast Quarter of said Section 35 and on the center line of Vienna Road; thence South 88° -41' West, 648.80 feet along the South line of said quarter quarter (Township Line) to its intersection with the East right-of-way of Vichy Road; thence North 0° -07' East, 297.30 feet, and North 19° -50' West, 280.0 feet, all along said East right-of-way to the true point of beginning of the tract hereinafter described: thence continuing North 19° -50' West, 252.0 feet along said East right-of-way; thence North 70° -10' East, 190.0 feet; thence South 19° -50' East, 138.0 feet; thence South 31° -40' West, 112.0 ft.; thence South 46° -46' West, 111.52 feet to said East right-of-way and the true point of beginning.

from its present C-1 (Neighborhood Retail District) to C-2 (General Retail District). Ord. 2497, §1, 9-2-86).

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Sec. 42-460. Rezoning the real estate known as the Scott Tract from "R-1" (One Family District) to "R-2" (Two-Family District); and by rezoning the real estate known as the a/k/a Newcastle Place from "R-1" (One Family District) to "R-3" (Multi-Family District).

(a) That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the city of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the city of Rolla, Missouri, and described as follows:

A fractional part of the N.W. 1/4 of the N.E. 1/4 of Section 13, Township 37 north, Range 8 west of the Fifth Principal Meridian in Rolla, Missouri, more particularly described as follows: Beginning at the northeast corner of said N.W. 1/4 of the N.E. 1/4; thence S. 0° 14' 40" E. along the east line of said N.W. 1/4 of the N.E. 1/4, 300.00 feet; thence S. 90° 00' W., 388.42 feet to the point of beginning of the tract herein described; thence S. 90° 00' W. 629.57 feet; thence N. 30° 00' W., 34.81 feet; thence northwesterly along the arc of a curve (Delta = 8° 53' 57" Radius = 230), 35.72 feet; thence northeasterly along the arc of a curve (Delta = 128° 08' 57" Radius = 35.00 feet), 78.28 feet; thence N. 89° 15' E., 651.57 feet; thence southeasterly along the arc of a curve (Delta = 120° 45' Radius = 35.00), 73.76 feet; thence S. 30° 00' W., 83.81 feet to the point of beginning

from its present R-1 (One-Family) District to R-2 (Two Family) District.

(b) That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the city of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the city of Rolla, Missouri, and described as follows:

A fractional part of the N.W. 1/4 of the N.E. 1/4 of Section 13, Township 37 north, Range 8 west of the Fifth Principal Meridian in Rolla, Missouri, more particularly described as follows: Beginning at the Northeast corner of said N.W. 1/4 of the N.E. 1/4; thence S. 0° 14' 40" E. along the east line of said N.W. 1/4 of the N.E. 1/4, 300.00 feet; thence S. 90° 00' W., 319.14 feet; thence N. 30° 00' E., 210.12 feet; thence northeasterly along the arc of a curve (Delta = 29° 57' Radius = 230.00), 120.23 feet; thence N. 0° 03' E., 0.84 feet to the north line of said N.W. 1/4 of the N.E. 1/4; thence N. 89° 15' E., 182.00 feet to the point of beginning and also,

A fractional part of the N.W. 1/4 of the N.E. 1/4 of Section 13, Township 37 north, Range 8 west of the Fifth Principal Meridian in Rolla, Missouri, more particularly described as follows: Beginning at the northwest corner of said N.W. 1/4 of the N.E. 1/4; thence N. 89° 15' E. along the north line of said N.W. 1/4 of the N.E. 1/4, 7.38 feet to the point of beginning of the tract herein described; thence N. 89° 15' E., 1076.50 feet; thence southwesterly along the arc of a curve (Delta = 29° 57' Radius = 170.00 feet), 88.86 feet; thence S. 30° 00' W., 41.23 feet; thence S. 89° 15' W., 919.44 feet; thence N. 60° 00' W., 41.61 feet; thence northwesterly along the arc of a curve (Delta = 43° 03' 50" Radius = 170.00), 127.77 feet to the point of beginning

from its present R-1 (One Family) District to R-3 (Multi Family) District. (Ord. 2498, §1, 9-2-86.)

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Sec. 42-461. Rezoning the Renick 10th Street Property from "R-1" (Single Family) District to "R-3" (Multi-Family) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the city of Rolla, Missouri which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the city of Rolla, Missouri, and described as follows:

A fractional part of Tract A of Eastmeadow, an addition to the city of Rolla, Missouri, more particularly described as follows: Commencing at the Northwest corner of Lot No. 2 of the N.W. 1/4 of Section 7, Township 37 North, Range 7 West; thence S. 0° 38'W., 35.00 feet to the South Right-of-Way of East 10th Street and the point of beginning of the Tract herein described; Thence S. 89° 01'E. along South Right-of-Way, 378.78 feet; Thence S. 0° 38'W., 230.01 feet, Thence N. 89° 01'W., 378.78 feet; Thence N. 0° 38'E., 230.01 feet to the point of beginning.

from its present R-1 (Single Family District) to R-3 (Multi-Family District). (Ord. 2500, §1, 10-6-86.)

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Sec. 42-462. Rezoning the Watson, Smith, Cundiff Highway O Property from "R-1" (Single Family) District to "R-3" (Multi-Family) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the NW 1/4 of Section 18, Township 37 North, Range 7 West more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of Sec. 18-T. 37 N-R. 7 W.; Thence S. 88° 19'E., 115.80 feet to the east Right-of-Way of Phelps County Route "O"; Thence N. 1° 57'E. along said east R.O.W., 660.00 feet; Thence N. 88° 03.'W. along said R.O.W. 20.00 feet; Thence N. 1° 57'E., along said east R.O.W., 70.00 feet to the Point of Beginning of tract herein described; Thence N. 1° 57'E. along said east R.O.W., 1083.32 feet; Thence S. 76° 24'38"E., 128.64 feet; Thence S. 1° 57'W., 1056.16 feet; Thence N. 88° 36'W., 126.00 feet to the Point of Beginning. Containing 3.09 acres.

from its present R-1 (One Family District) to R-3 (Multi-Family District). (Ord. 2514, §1, 2-2-87.)

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Sec. 42-463. Rezoning the Watson, Smith, Cundiff Highway O and 72 Commercial Property from "C-1" (Neighborhood Business) District to "C-3" (Central Commercial) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the city of Rolla, Missouri and described as follows:

A fractional part of the NW 1/4 of Section 18, Township 37 North, Range 7 West more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 of Sec. 18-T. 37 N. -R. 7 W.; Thence S. 88° 19'E., 115.80 feet to the east Right-of-Way of Phelps County Route "O"; Thence N. 1° 57'E. along said east Right-of-Way 660.00 feet; Thence N. 88° 03'W. along said Right-of-Way, 20.00 feet; Thence N. 1° 57'E. along said east Right-of-Way, 70.00 feet; Thence S. 88° 36'E., 253.60 feet to the Point of Beginning; Thence N. 1° 57'E. , 210.00 feet; Thence S. 88° 36'E., 207.99 feet; Thence N. 16° 47'42"E. 160.02 feet; Thence S. 73° 12'18"E., 210.00 feet; Thence S. 16° 47'42"W., 320.00 feet; Thence N. 88° 36'W. 370.00 feet to the Point of Beginning; containing 2.55 acres.

from its present C-1 (Neighborhood Business District) to C-3 (Central Commercial District). (Ord. 2515, §1, 2-2-87.)

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Sec. 42-464. Zoning the Ponzer Annexation Tract to "R-1" (Single Family) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the city of Rolla, Missouri, and described as follows:

A subdivision of a fractional part of the North half of the Southeast quarter of Section 13, Township 37 North, Range 8 West of the fifth principal meridian of the State of Missouri, more particularly described as follows: Beginning at the NW corner of the SE 1/4 of Section 13, Township 37 N. Range 8 W.; Thence S. 0° 45'46"W. along the West line of Ponzer Addition to the City of Rolla, Missouri, a distance of 360.00 feet to the true Point of Beginning; Thence N. 90° 00'E. 180.00 feet; Thence N. 0° 45'46"E. 60.00 feet; Thence N. 90° 00'E. 1060.25 feet; Thence S. 0° 45'46"W. 60 feet; Thence N. 90° 00'E. 170 feet; Thence S. 0° 45'46"W. 257.78 feet; Thence S. 59° 0'W. 158.64 feet to the Point of Tangency of a curve having a radius of 150 feet; Thence continuing along said curve an arc distance of 83.49 feet; Thence S. 90° 00'W. 36.31 feet; Thence N. 0° 00'E. 131 feet; Thence S. 90° 00'W. 1027.99 feet; Thence N. 0° 45'46"E. 50 feet; Thence S. 90° 00'W. 130 feet; Thence N. 0° 45'46"E. 180 feet to the true Point of Beginning. Said tract containing approximately 9.3 acres.

from its present no zoning to R-1 (Single Family District). (Ord. 2519, §1; 3-2-87.)

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Sec. 42-465. Rezoning a portion of the combined Watson, Smith and Cundiff Tract from "R-1" (One Family) District to "R-3" (Multi Family) District and an additional part from "R-1" (One Family) District to "C-1" (Neighborhood Business) District.

(a) That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the N.W. 1/4 of Section 18, Township 37 North, Range 7 West more particularly described as follows:

Beginning at the Southwest corner of the N.W. 1/4 of Section 18, Township 37 North, Range 7 West; Thence S. 88° 19' E., 115.80 feet to the East Right-of-Way of Phelps County Route "O"; Thence N. 1° 57' E. along said East Right-of-Way, 660.00 feet; Thence N. 88° 03' W. along said East Right-of-Way, 20.00 feet; Thence N. 1° 57' E. along said East Right-of-Way, 1153.22 feet to the point of beginning of Tract herein described; Thence N. 1° 57'E. along said East Right-of-Way, 139.96 feet; Thence N. 51° 59' 47" E., 77.11 feet to the South Right-of-Way of Missouri Highway No. 72; Thence S. 1° 41' 50" W., 201.84 feet; Thence N. 76° 24' 38" W., 61.26 feet to the East Right-of-Way of Phelps County Route "O" and the point of beginning. Containing: 0.234 acre.

from its present R-1 (One Family) District to R-3 (Multi-Family) District.

(b) That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Range 7 West more particularly described as follows: Beginning at the Southwest corner of the N.W. 1/4 of Section 18, Township 37 North, Range 7 West; Thence S. 88° 19' E., 115.80 feet to the East Right-of-Way of Phelps County Route "O"; Thence N. 1° 57' E. along said East Right-of-Way, 660.00 feet; Thence N. 88° 03' W., along said East Right-of-Way, 20.00 feet; Thence N. 1° 57' E. along said East Right-of-Way, 1153.32 feet; Thence S. 76° 24' 38" E., 61.26 feet to the point of beginning of the Tract herein described; Thence N. 1° 41' 50" E., 201.84 feet to the South Right-of-Way of Missouri Highway No. 72; Thence Southeasterly along said South Right-of-Way and the arc of a curb (Delta = 5° 48' 47" Radius = 676.78 feet), 68.66 feet; Thence S. 1° 57' W., 200.00 feet; Thence N. 76° 24' 38" W., 67.38 feet to the point of beginning. Containing 0.307 acre.

from its present R-1 (One Family) District to C-1 (Neighborhood Business) District. (Ord. 2524, §§1-2; 4-6-87.)

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Sec. 42-466. Zoning the Rolla Industrial Park Incinerator site to M-2 (Heavy Manufacturing) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of Lot Two (2), Northwest Quarter, Section 31, Township 38 North, Range 7 West of the fifth P.M. in Missouri, more particularly described as follows: Beginning at the Southeast corner of said Lot Two (2), Northwest Quarter, Section 31, Township 38 North, Range 7 West, thence North 0° 26' West 485.65 feet to a point 75.0 feet south of the Southerly right-of-way of St. Louis - San Francisco Railroad, thence West 417.54 feet; thence South 0° 26' East 485.65 feet to a point on the South line of said Lot Two (2), thence East 417.54 feet to the point of beginning, containing 4.65 acres, more or less

from its present no zoning to M-2 (Heavy Manufacturing) District. (Ord. 2525, §1; 4-6-87.)

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Sec. 42-467. Rezoning Heritage Heights, Tract 2 and 5, from its present "R-3" (Multi-Family) District to "C-O" (Office) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of Tract No. 2 and Tract No. 3 of Heritage Heights Addition to the City of Rolla, Missouri, more particularly described as follows: Commencing at the Southwest corner of Section 6, Township 37 North, Range 7 West; Thence N 0° 11' E, 275.37 feet; Thence S 89° 49' E, 30.00 feet to the East Right-of-Way of McCutchen Drive and the True Point of Beginning of the tract herein described: Thence S 0° 11' W, 198.63 feet along said East R.O.W.; Thence S 44° 26' E, 60.00 feet to a point on the North R.O.W. of East Tenth Street (Route "B-B"); Thence S 89° 03' E, 97.47 feet along said North R.O.W.; Thence S 88° 50' E, 510 feet more or less, along said North R.O.W. to its intersection with the East line of Government Lot 3 of the Southwest 1/4 of Section 6, Township 37 North, Range 7 West; Thence North 432 feet more or less along the East line of said Government Lot 3 to its intersection with the South line of the O'Haver Property; Thence N 89° 49' W, 75 feet more or less, along said South line to its intersection with the West line of the O'Haver Property; Thence N 4° 00 E, 132.53 feet, along said West line; Thence N 26° 43' 19" E, 100.30 feet, along said West line to its intersection with the South R.O.W. of Pershing Place; Thence Northwesterly along said South R.O.W. and the arc of a curve (CURVE DATA: DELTA = 23° 26' 07" right, RADIUS = 218.19 feet), 89.24 feet; Thence N 34° 50' W along said R.O.W., 57.51 feet; Thence Northwesterly along said R.O.W. and the arc of a curve (CURVE DATA: DELTA = 1° 59' 22" right, RADIUS = 1935.08 feet), 67.19 feet, to the South R.O.W. of Truman Drive; Thence S 58° 00' W, 137.25 feet, along said R.O.W.; Thence S 32° 06' E, 107.63 feet; Thence S 0° 11' W, 400.00 feet; Thence N 89° 49' W, 450.00 feet, back to the Point of Beginning. Containing approximately 253,374 sq. ft., 5.8 Acres more or less.

from its present R-3 (Multi-Family District) to C-O (Office District). (Ord. 2568, §1; 11-2-87.)

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Sec. 42-468. Rezoning Hy-Point Industrial Park Property District from "M-2" (Heavy Manufacturing) District to "M-1" (Light Manufacturing) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the North 1/2 of the Southwest 1/4 of Section 29, Township 38 North, Range 7 West more particularly described as follows: Commencing at the Northwest Corner of the North 1/2 of the Southwest 1/4 of said Section 29; thence S 88° 22' 40" E along the north line of the North 1/2 of the Southwest 1/4 of said Section 29, 1101.72 feet, to the True point of Beginning; thence S 0° 10' 20" W, 484.45 feet; thence N 89° 52' W, 25 feet, to a point on the east right-of-way line of Hy-Point Boulevard; thence S 0° 26' E, 619.78 feet, along said right-of-way line; thence S 88° 24' 40" E, 887.20 feet, to the east line of the Hy-Point Industrial Park; thence N 0° 40' E, 1103.90 feet, along said east line to the north line of the North 1/2 of the southwest 1/4, of Section 29, Township 38 North, Range 7 West; thence N 88° 22' 40" W, 878.28 along said north line back to the Point of Beginning, containing 22.45 acres.

from its present M-2 (Heavy Manufacturing District) to M-1 (Light Manufacturing District). (Ord. 2569, §1; 11-2-87.)

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Sec. 42-469. Rezoning Eastmeadow Subdivision, Tract A-4, from R-1 (One Family) District to C-0 (Office) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

All of Tract A-4 of a Resubdivision of Tract A Eastmeadow an addition to the City of Rolla, Missouri.

from its present R-1 (One Family District) to C-0 (Office District). (Ord. 2573, §1; 12-7-87.)

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Sec. 42-470. Rezoning Eastmeadow Subdivision, Tract B, from R-1 (One Family) District to C-0 (Office) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of Tract "B", Eastmeadow A subdivision addition to the City of Rolla, Phelps County, Missouri. More particularly described as follows: Commencing at the Southeast corner of said tract "B", Eastmeadow Subdivision; Thence N 0° 29' 00" E, 70 feet to the true point of beginning, thence S 80° 22' 44" W, 142.10 feet; thence S 8° 57" 8" W, 45.57 Feet; thence N 89° 31' 00" W, 145.01 feet; thence N 00° 59' 00" E, 210 feet; Thence NE on an arc of 25 foot radius a distance of 39.27 feet to the south right-of-way of Mo State Hwy BB; Thence S 89° 01' 00" E, 214.58 feet along said right-of-way; Thence S 48° 19' 00" E, 66.45 feet; Thence S 00° 29' 00" W, 119.08 feet along the west right-of-way of City Street Lover's Lane to the true point of beginning. Said tract containing approximately 1.34 acres subject to any easements of record.

from its present R-1 (One Family District) to C-0 (Office District). (Ord. 2574, §1; 12-7-87.)

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Sec. 42-471. Rezoning of Gideon real estate tract from R-1 (One Family) District to R-3 (Multi-Family) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Lots 19 and 20, Cowan Addition, Block 12, Section 11, Township 37, Range 8

from its present R-1 (One Family District) to R-3 (Multi-Family District). (Ord. 2580, §1, 2-1-88.)

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Sec. 42-472. Rezoning the Perry tract from R-3 (Multi-Family) District to C-O (Office) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

(a) Beginning at a point (5) rods North of the Southwest corner of Section One (1), township Thirty-seven (37) North, Range Eight (8)West, thence North along the West sectional line of said Section a distance of forty-nine and twenty two hundredths (49.22) feet; thence East twelve and sixty-five (12.65) rods; thence south one hundred thirty one and seventy seven hundredths (131.77) feet to the South line of said Section One; thence West along the South line of said Section One (1) a distance of four and sixty-five hundredths (4.65) rods; thence North a distance of five (5) rods; thence West a distance of Eight (8) rods to the place of beginning. Lot numbered Four (4) in Block numbered Twenty (20) in Holloway's First Addition to the City of Rolla, Phelps County, Missouri, according the plat thereof. Except that part heretofore conveyed for highway purposes.

(b) All of a fractional part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 1, Township 37 North, Range 8 West, more particularly described as follows: Commencing at the Southwest (SW) corner of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of said Section 1, thence East 8 rods; thence North 5 rods; thence West 8 rods; thence South 5 rods to the place of beginning and containing 1/4 acre, more or less. Except the West 36 feet of the above described tract of land. Except all legally established roads and highways.

from its present R-3 (Multi-Family District) to C-O (Office District). (Ord. 2583, §1, 3-7-88.)

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Sec. 42-473. Rezoning Ridgeview Christian Church Real Estate from R-1 (Single Family District) to C-O (Office District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Lots 19 and 20, Block 9, Cowan's Addition, Section 11, Township 37 North, Range 8 West

from its present R-1 (Single Family District) to C-O (Office District). (Ord. 2600, §1, 5-2-88.)

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Sec. 42-474. Rezoning Tract 1 of Forum Lakes Subdivision from C-3 (Central Commercial District) to R-1 (Single Family District)

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Tract 1 of Forum Lakes Subdivision

from its present C-3 (Central Commercial District) to R-1 (Single Family District). (Ord. 2601, §1, 5-2-88.)

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Sec. 42-475. Rezoning Deskin Rezoning, 1807 Vichy Road, from its present R-2 (Two Family District) to C-O (Office District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

All that part of Railroad Lot 27 in the Railroad Addition to the City of Rolla, Missouri, described as follows: Commencing at the SE corner of Lot 27 of Railroad Addition; Thence N. 0° 04' E. 371.97 ft. along the E. line of said Lot 27; thence S. 85° 58' W. 20.02 ft. to the W. line of Vichy Road, the true point of beginning of the tract hereinafter described: thence continuing S. 85° 58' W. 55.04 ft. to the NW corner of a concrete wall; thence No. 88° 00' W. 174.28 ft. to a right of way marker on the SEerly right of way of U.S. Hwy. Interstate 44; thence N. 51° 57' 30" E. 186.03 ft. to a right of way marker and N. 73° 33' E. 22.44 ft. to a right of way marker and N. 79° 36' E. 62.23 ft., all along said SEerly right of way of Interstate 44 to its intersection with the W. line of Vichy Road; thence S. 0° 04' W. 134.44 ft. along said W. road line to the true point of beginning. Above tract contains 0.45 acres, more or less.

from its present R-2 (Two Family District) to C-O (Office District). (Ord. 2604, §1, 6-6-88.)

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Sec. 42-476. Rezoning Forum Lakes Subdivision, Tract 4, from C-3 (Central Commercial District) to R-1 (Single Family District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Tract 4 of Forum Lakes Subdivision

from its present C-3 (Central Commercial District) to R-1 (Single Family District). (Ord. 2605, §1, 6-6-88.)

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Sec. 42-477. Zoning of real estate known as Ramsey Zoning to R-1 (Single Family Dwelling) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the NW l/4 of the NE l/4 of Sec. 23, Twp. 37 N., Rng 8W. of the 5th P.M. described as follows: Beginning at the Northwest Corner of the NW l/4 of the NE l/4 of said Sec. 23; thence South 0° 45' West, 599.98 feet along the West line of said NW l/4 of the NE l/4 to the Northwest Corner of a tract described at Book 365, Page 252; thence along the North line of said tract, South 89° 46' 40" East, 195.00 feet; thence along part of its Easterly line, South 0° 52' 20" West to the South line of said NW l/4 of the NE l/4; thence Easterly along said South line, 601.23 feet; thence Northerly to the Section Line at a point 796.23 feet Easterly to the point of beginning; thence Westerly along said Section Line, 796.23 feet to said point of beginning. Above described tract contains 21 acres more or less.

from its present no zoning to R-l (Single Family Dwelling) District. (Ord. 2620, §1, 7-5-88.)

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Sec. 42-478. Zoning real estate known as Ponzer Third Addition Commercial Zoning to C-1 (Neighborhood Business District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A tract of land all in the north half of the Southeast Quarter of Section 13, Township 37 North, Range 8 West, Phelps County, Missouri, more particularly described as follows; commencing at the east 1/4 corner of Sec 13, T37N, R8W; Thence S 90° 00' 00" W, 18.82 feet along the north line of the SE 1/4, Sec 13 to the west right of way of Missouri State Highway "O; Thence along said west right-of-way of Hwy "O" S 1° 42' 43" W, 267.24 feet to the true point of beginning; thence continuing S 1° 42' 43" W, 550.00 feet; thence leaving said right-of-way S 90° 00' 00" W, 500.00 feet; thence N 21° 58' 15" E, 300.00 feet; thence N 56° 06' 22" E, 486.93 feet to the true point of beginning. Said tract containing approximately 4.10 acres subject to any easements of record.

from its present no zoning to C-1 (Neighborhood Business District). (Ord. 2626, §1, 8-1-88.)

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Sec. 42-479. Zoning real estate known as Ponzer Third Addition Residential Zoning to R-1 (Single Family Dwelling) District.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A tract of land all in the North half of the Southeast Quarter of Section 13, Township 37 North, Range 8 West, Phelps County, Missouri, More particularly described as follows: Commencing at the E 1/4 Corner of Sec 13, T37N, R8W; Thence S 90° 00' 00' W, 135.52 Feet along the north line of the SE 1/4 of Sec 13 to the true point of beginning;thence leaving said north line S 36° 27' 46' W, 158.66 feet to the point of tangency of a curve having a radius of 129.11 feet; thence continuing along said curve of an arc distance of 120.64 feet; thence S 90° 00' 00' W, 73.75 feet; thence S 0° 45' 46" W, 140.00 feet; thence S 90° 00' 00' W, 270.00 feet; thence S 0° 45' 46" W, 260.00 feet; thence S 59° 56' 18" W, 139.73 feet; thence S 90 00' 00" W, 364.90 feet; thence N 71 12' 21" W, 100 feet to the east line of Ponzer 2nd Addition, Thence along said east line N 0° 45' 46" E, 617.78 feet to the North line of SE 1/4, Sec 13, T37N, R8W; thence N 90° 00' 00" E, 1,119.48 feet to the true point of beginning. Said tract containing approximately 11.33 acres subject to any easement of record.

from its present no zoning to R-1 (Single Family Dwelling). (Ord. 2627, §1, 8-1-88.)

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Sec. 42-480. Rezoning real estate known as 938 W. 10th Street from R-1 (Single Family District) to R-3 (Multi-Family District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

All of that part of the SW 1/4 of SW 1/4 of Sec. 2, Twp. 37 N., Rng. 8 W. of the 5th P.M. in Missouri, described as follows: Beginning at a point 30 feet North of the SW corner of said SW 1/4 of SW 1/4 of Sec. 2, Twp. 37 N., Rng. 8 W., running thence North along the Section line a distance of 208 feet 8 inches, thence East a distance of 208 feet and 8 inches, thence South 208 feet and 8 inches to a point 30 feet North of South line of said SW 1/4 of SW 1/4 of Sec. 2; thence West along the North line of 10th Street in the City of Rolla extended West, a distance of 208 feet and 8 inches to the place of beginning. Containing one acre more or less.

AND

A fractional part of Block Five in Powell's Second Addition to the City of Rolla, Missouri, described as follows: Beginning at a point 238 feet and 8 inches North of the Southwest corner of the SW 1/4 of the SW 1/4 of Sec. 2, Twp. 37 N., Rng. 8 W. of the 5th P.M. in Missouri, thence North 41.3 feet, thence East 208 feet 8 inches, thence South 41.3 feet to the Northeast corner of the above cited property, thence West along the North line of said property 208 feet 8 inches to the place of beginning.

from its present R-1 (Single Family District) to R-3 (Multi-Family District). (Ord. 2653, §1, 11-7-88.)

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Sec. 42-481. Rezoning real estate known as Schumacher (509 East 10th Street) from R-3 (Multi-Family District) to C-O (Office District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Lot 5, Block 20, of the Holloway Addition to the City of Rolla, Missouri.

from its present R-3 (Multi-Family District) to C-O (Office District). (Ord. 2661, §1; 12-5-88.)

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Sec. 42-482. Rezoning real estate known as Ryce-Poe-Capps, (Highway 72 East) from its present R-1 (Single-Family District) to C-1 (Neighborhood Business District.)

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Commencing at the Southwest Corner, of the Northwest Quarter, Section 18, Township 37 North, Range 7 West of the 5th P.M., Phelps County, Missouri; thence East 115.8 feet more or less to the east line of Phelps County Highway "0"; thence East 861.00 feet along the south line of said NW 1/4 to a point; thence North 452 feet more or less to a point on the corporate limits of the City of Rolla which is the Point of Beginning of this description; thence North 330.13 feet; thence South 89°38' West, 235.25 feet; thence North 16°38' East, 777.9 feet more or less to the south right of way of Missouri Highway 72; thence Southeasterly along the said right of way, 977.0 feet; thence South 22°00' West, a distance of 335.0 feet more or less to a point on the corporate limits of the City of Rolla; thence Southwesterly along the corporate limits of the City of Rolla, 600 feet more or less to the Point of Beginning. Said tract containing 13 acres more or less.

from its present R-1 (Single-Family District) to C-1 (Neighborhood Business District). (Ord. 2667, §1; 2-6-89.)

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Sec. 42-483. Zoning real estate known as Briarwood to R-3 (Multi-Family District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the West Half of the South Half of Lot 2 of the Southwest Quarter of Section 6, Township 37 North, Range 7 West of the 5th P.M. described as follows: Commencing at the Southwest Corner of the West Half of the South Half of Lot 2 of the Southwest Quarter of said Section 6; thence North 0°-20' East, 35.00 feet along the West line of said West Half of the South Half of Lot 2 of the Southwest Quarter to the North right-of-way of State Route BB; thence South 89°-06' East, 300.00 feet along said North right-of-way to the true point of beginning of the hereinafter described tract: Thence North 0°-20' East, 268.11 feet; thence North 80°-29' East, 88.21 feet; thence North 74°-17' East, 25.00 feet; thence North 32°-31' West, 103.91 feet; thence North 60°-33' East, 80.00 feet; thence North 0°-11' East, 128.60 feet; thence South 80°-49' East, 198.34 feet; thence South 0°-11' West, 39.03 feet; thence South 89°-49' East, 40.00 feet to the East line of said West Half of the South Half of Lot 2 of the Southwest Quarter; thence South 0°-12'-30" West, 510.93 feet along said East line to the aforesaid North right-of-way of State Route BB; thence North 89°-06' West, 363.19 feet along said North right-of-way to the true point of beginning. Above described tract contains 3.88 acres, more or less.

Subject to any and all easements, conditions, restrictions, etc. of record.

from its present no zoning to R-3 (Multi-Family District). (Ord. 2675, §1; 4-3-89.)

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Sec. 42-484. Rezoning real estate known as Aaron-Wilson (908 & 912 West Tenth Street) from R-1 (Single-Family District) to R-3 (Multi-Family District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

908 West Tenth Street - A part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Two (2), Township Thirty Seven (37) North, Range Eight (8) West of the 5th PM in the City of Rolla, Missouri, described as follows: Commencing at a point on the North line of 10th Street in the City of Rolla, Missouri, a distance of 30 feet North and 117 feet West of the Southeast corner of said Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of said Section, Township and Range; thence North 209.8 feet to a point; thence West a distance of 91.8 feet to a point; thence South 208.8 feet to a point on the North line of 10th Street, thence East along the North line of 10th Street a distance of 91.8 feet to the place of beginning.

912 West 10th Street - A fractional part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 2, Township 37 North, Range 8 West. More particularly described as follows: Beginning at a point 208 feet 8 inches West and 30 feet North of the Southeast Corner of the Southwest Quarter of the Southwest Quarter of Section 2, Township 37 North, Range 8 West; thence North 208 feet 8 inches; thence West 104 feet 4 inches; thence South 208 feet 8 inches; thence East 104 feet 4 inches to the place of beginning. Containing 1/2 acre. With improvements thereon.

from its present R-1 (Single-Family District) to R-3 (Multi-Family District). (Ord. 2686, §1, 7-10-89.)

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Sec. 42-485. Rezoning real estate known as Highway 63 North, Rhodes Rezoning, from R-1 (Single Family District) to R-3 (Multi Family District) and R-1 (Single Family District) to C-2 (General Retail District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

R-1 to R-3: A fractional part of Lot 1 of Railroad Addition, Rolla, Missouri, and, a fractional part of Lot 2 of the Northeast Quarter of Section 2, Township 37 North, Range 8 West, all of the 5th P.M. described as follows: Commencing at the Southwest Corner of the Southwest Quarter of the Southwest Quarter of said Section 36; thence South 89°-03'-20" West, 200.00 feet along the Township Line to the true point of beginning of the hereinafter described tract: Thence South 0°-49' West, 635.42 feet; thence North 88°-57'-40" West, 454.04 feet; thence North 0°-10'-40" East, 619.52 feet to the aforesaid Township Line; thence North 89°-03'-20" East, 461.15 feet along said Township Line to the true point of beginning. Above described tract contains 6.59 acres, more or less, per plat of survey R-3256, dated July 24, 1989, by Elgin Surveying & Engineering, Inc., from its present R-1 (Single Family District) to R-3 (Multi-Family District).

R-1 to C-2: A fractional part of Lot 1 of Railroad Addition, Rolla, Missouri, and, a fractional part of Lot 2 of the Northeast Quarter of Section 2, Township 37 North, Range 8 West, and, a fractional part of Lot 2 of the Northwest Quarter of Section 1, Township 37 North, Range 8 West, and, a fractional part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 38 North, Range 8 West, all of the 5th P.M. described as follows: Beginning at the Southwest Corner of the Southwest Quarter of the Southwest Quarter of said Section 36; thence North 0°-05' West, 19.91 feet along the Section Line; thence North 89°-47'-40" East, 129.09 feet; thence South 31°-28'-20" West, 41.34 feet; thence southerly, 657.38 feet along the arc of a curve, concave easterly with a radius of 1135.37 feet; thence North 88°-57'-40" West, 150.00 feet; thence North 0°-49' East, 635.42 feet to the Township Line; thence North 89°-03'-20" East, 200.00 feet along said Township Line to the point of beginning. Above described tract contains 2.97 acres, more or less, per plat of survey R-3256, dated July 24, 1989, by Elgin Surveying & Engineering, Inc., from its present R-1 (Single Family District) to C-2 (General Retail District). (Ord. 2709, §1)

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Sec. 42-486. Rezoning real estate known as 406 South Rolla Street, Morgan Rezoning from C-1 (General Retail District) to C-3 (Commercial District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A parcel of land located in Rolla, Phelps County, Missouri, and described as Lot 41 in Rolla Park 2nd Addition to the City of Rolla, Missouri, according to the Resubdivision of Lots 39-47 filed for record April 19, 1958, in the Office of the Recorder of Deeds for Phelps County, Missouri, except the South 8 feet 6 inches of said Lot 41, from its present C-1 (General Retail District) to C-3 (Commercial District). (Ord. 2711, §1.)

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Sec. 42-487. Zoning real estate known as Highway 63 South (Lions Club) zoning from no zoning to C-2 (General Retail District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the Northeast Quarter of the Southwest Quarter of Section 14, Township 37 North, Range 8 West of the 5th P.M. described as follows: Beginning at the Northeast Corner of the Northeast Quarter of the Southwest Quarter of said Section 14; thence South 1°-28'-30" West, 80.03 feet along the East line of said Northeast Quarter of the Southwest Quarter; thence South 89°-55'-50" West 827.14 feet to the easterly right-of-way of U.S. Highway 63; thence North 10°-36'-50" East, 81.41 feet along said easterly right-of-way to the North line of said Northeast Quarter of the Southwest Quarter; thence North 89°-55'-50" East, 814.21 feet along said North line to the point of beginning. Above described tract contains 1.507 acre, more or less.

from its present no zoning to C-2 (General Retail District). (Ord. 2715, §1.)

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Sec. 42-488. Rezoning real estate known as Forum Shopping Center (Eisenberg) rezoning from C-1 (Neighborhood Business District) to C-2 (General Retail District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional tract on the SE 1/4 of the SE 1/4 of Section 1, Township 37 N, Range 8 W, in Rolla, Missouri more particularly described as follows:

Beginning at the Southeast Corner of Section 1, Township 37 N, Range 8 W thence North 0°-11' East 35.0' thence South 89°-23' West along the north right of way on East 10th Street 620.0' to the point of beginning on the tract herein described; thence South 89°-23' West along the north right of way of East 10th Street, 433.91' to a point at the southeast corner of the Fina-Mart property; thence N 0°-51' E, 150' along the east line of said property; thence N 89°-38' W, 135.21' along the north line of said property to a point on the East right of way of Forum Drive; thence northerly along the east right of way line of Forum Drive on the arc of a curve having a delta angle of 14°-13' left and a radius of 848.51', 191.44' to said curve's point of tangency; thence North 4°-50' West along the east right of way of Forum Drive 632.95'; thence North 87°-8' East 482.23'; thence North 30°-11' East 110.0' to the southerly right of way line of Truman Avenue; thence South 59°-49' East along the southerly right of way of Truman Avenue 50.0' thence along the arc of a curve having a delta angle of 60°-00' right and having a radius of 182.85', 191.46'; thence South 0°-11' West along the west right of way of Truman Avenue 358.41'; thence South 89°-23' West 90.00'; thence South 0°-11' West 208.59'; thence North 89°-23' East 40.00'; thence South 0°-11' West 339.44' to the point of beginning, the above description includes Lots 177 through 181 of the Forum an addition to the City of Rolla, Missouri.

from its present C-1 (Neighborhood Business District) to C-2 (General Retail District). (Ord. 2725, §1.)

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Sec. 42-489. Rezoning real estate known as Lot 43 and 44 Brookridge Estates (VERCO Inc.) rezoning from R-1 (One Family District) to R-2 (Two Family District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Lots 43 and 44, in Brookridge Estates Addition (Tract No. 3), an addition in Rolla, Phelps County, Missouri.

from its present R-1 (One Family District) to R-2 (Two Family District). (Ord. 2726, §1.)

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Sec. 42-490. Rezoning real estate known as 603 and 601 West Highway 72 (Dean) rezoning from C-1 (Neighborhood Retail) to C-2 (General Retail).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

All of Lots 1 and 2, Block 14, Cowan's Addition, an addition to the City of Rolla, Missouri.

from its present C-1 (Neighborhood Retail District) to C-2 (General Retail District). (Ord. 2727, §1.)

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Sec. 42-491. Zoning real estate known as Oak Knoll Country Estate Subdivision from no zoning to R-1 (One-Family District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

All of the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 13, Township 37 North, Range 8 West of the 5th P.M. more particularly described as follows: Beginning at a point on the existing city limit line that is the Northwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 13; thence South 0°03'30" East, 1324.21 feet along the West line of said Quarter Quarter to the South line of said Quarter Quarter; thence South 89°57' East, 1331.48 feet along said South line to the Southeast Corner of said Quarter Quarter; thence South 89°54'20" East, 1331.33 feet along the South line of the Northeast Quarter of the Southwest Quarter to the Southeast Corner of said Quarter Quarter; thence North 0°47'40" East, 1327.95 feet along the East line of said Quarter Quarter to a point on the existing city limit line that is the Northeast Corner of said Quarter Quarter; thence South 89°59'32" West, 1340.42 feet along existing city limit line, also being the South line of Ledgerwood Estates, an addition to the City of Rolla, Missouri, thence South 89°59'21" West, 1341.66 feet along existing city limit line also being the South line of Oak Knoll Estates, an addition to the City of Rolla, Missouri, back to the point of beginning. Above described tract contains 80.0 acres, more or less.

from its present no zoning to R-1 (One Family District). (Ord. 2735, §1.)

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Sec. 42-492. Rezoning real estate known as Parkview Fourth Subdivision Tract "A" (Stoltz) Rezoning from no zoning to C-3 (Commercial District).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the North half of the Southwest Quarter of Section 14, Township 37 North, Range 8 West, in Phelps County, Missouri, which is the Parkview Fourth Subdivision, more particularly described as follows: Commencing at the Northwest corner of the Southwest 1/4, Section 14, Township 37 North, Range 8 West of the 5th principal meridian, Phelps County, Missouri; thence N-89°16'46"-E, 1321.90 feet, along the north line of said Southwest 1/4 to the Southwest corner Railroad Lot 83, in the Northwest 1/4 of said Section 14, thence S-19°45'55"-W, 726.26 feet, to a point on the South right of way of Tucker Lane and the Northwest corner of the Parkview Fourth Subdivision to the True Point of Beginning; thence S-0°23'00"-W, 105 feet, to the Southwest corner of Tract "A" of the Parkview Fourth Subdivision; thence N-89°52'00"-E, 94.05 feet, to the Southeast corner of Tract "A" of the Parkview Fourth Subdivision; thence S-0°23'00"-W, 120.00 feet, to a point on the North right of way of Basswood Drive and the Southwest corner of Parkview Fourth Subdivision; thence N-89°52'00"-E, 286.00, along the North right of way of Basswood Drive and the South line of Parkview Fourth Subdivision; thence S-7°55'39"-W, 8.83 feet, along said North right of way line and the South line of Parkview Fourth Subdivision; thence S-65°49'16"-E, 79.24 feet, along said North right of way line and the South line of Parkview Fourth Subdivision to a point on the West right of way of U.S. Highway 63; thence N-9°41'58"-E, 193.94 feet, along said West right of way and the East line of Parkview Fourth Subdivision; thence S-79°23'34"-E, 25.00 feet, along said West right of way and East line of Parkview Fourth Subdivision; thence N-9°41'58"-E, 81.12 feet, along said West right of way and East line of the Parkview Fourth Subdivision to the Northeast corner of said subdivision; thence S-89°-52'00"-W, 520.53 feet, along the South right of way of Tucker Lane and the North line of the Parkview Fourth Subdivision back to the point of beginning.

from its present No Zoning to C-3 (Commercial District). (Ord. 2745, §1.)

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Sec. 42-493. Rezoning real estate known as Tract 12, Forum Lakes Subdivision (SALLY) Rezoning from C-3 (Commercial District) to C-2 (General Retail District)

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

All of Tract 12, Forum Lakes Addit