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HomeMy WebLinkAbout1952-34 - Zoning Ordinance3~~ I3I>:,L rro. 34 0 ~Irr~nrr,E r?o. 34 A' U''DII1Aiv`CE COIrII?Cs TLT CITY 0'~ '?IV_'~RSID~, ir'_ISSOL~I, Ui`IDL'R TTTR P'?OVTSIOrrS 0 ~' m=?'s' CO?~TIPT" ACT 0'""' Trr_, STAT~; 0'_' I'ISSOL~I PROVIDED :FOR v , , ~'_~ ?EVIS ~D STn,!TI~T~S 0.~' .'ISSOU`~I, 1~(.~ 9 t _'I:.~I'_~ir ATD D~CL4RIlr''r _"4T `~'~~ P?OC~'~~IT_'T'"~S P'E+LIRRI`rAR`i TO TIC PASSAGE OI+' ri'Ir COI;I?~rr O~DIT;ANCn Lri,iDEl~ SA1~ ACT ?L~V~~ ~~?"'~' ~'OLLO'ciE7 AS Ii? SAID ACT '~~PC,UI^~D; >);?~T~rlidG T:fti.S AS TI~'EY AR; USED Alri~ r:PPLI-.~ III TrkJ_S O'.~DIT~IATrCE; DIVIDIDr T~TM~ CITY 5I?TO 'LUi'i:~ DISr!'?iiCTS AI?D '~ TT'rv na'.~ T'P ~Y TT-~1"'-'+ rP,: ~T-?iT -~ i'~ -. c. m-2T rP .n 'n TT.~ IX ,~ _ _~ ~-0t;_.._A__ ~__.. ~S _ .:_J0._ , .~,:~.~ C...~ : - . _ L'S-JS .0 is T-? A nT-T;? T -"TTT ll T.'!'~ TT -.~ ~l~ C T m. r -i .J.._IC.,_ .._ LA ~ :1~ ~.:v~.L, L:,_TS _i'r _:AC" ~~_' ~!II') .iI5_~?IC!'S ::AY P'~ p?. n, nT m'T' U' Ti-!?-n ~ r nTO ~-~ ~~ r ?,-~:r - Tfm . _,T''7i'Is. '" ._ ,. ~ _ '1~;D aI~ •, ~.~ _.L:ILDI_,,r,, .~1_TD 0'._ .JR STRLICT(J~_J[`J• `7 '~~!~ mrt:~('~. ~T ~~C m->? n ~-n '~1 ~, t7~ rt -, r~ nn-r : ~I~ -_~ i'~D J.J _:_ClI~i~ ._, A.L_JA ~.0 ~,_~ C~,~cPL~'D •~V-,-- 1 T.~v } ^~ (gym " ~ r m-i-"~'t ?'n^ ? , t. ry ~ _'. i ~'1 T ;i ,{ A..il 1'.:IL~II:~'.sS 1 / ,J l ~ ) ..~~, JT~.,.Z~JS LTi:JrJ..~ A 'JV P'~1J,.: J 1.J ~.~J_~ Plan; CR~~TIITO 4iTD T~~=~Ii'I.T~ T,~iL P0,'JERS AD'D DUTIES OI' _9 'UI]'J'7IPdG IPISPECTOR ATTD A i3UARD 0'~ ADJUSTI:~'I~;T; PROVIDIII''1 :'.FOR A ?OIIPirG CO'.;i',<ISSIOI~ 1I~'D ^T?I^S '~~'0 ? f.T ~',T)'?Ir7 x _" X25 OI'iiI?IAP?C'~; P'.',.-',LIT30 OR :ODI'~rT>:?'" AIL O?>IiL?iC`~S A?'7 PARTS 0-~' 0='DI'_~t^e?C~S -I' COT,^LICT V'JI`J'_, T?IS 0 .?~I;4I`rC~ Ai:TJ P''O~,~I'~IPiG ,~'OR P ~~'~~1TT~S '?0'i IIOL~TIP?s r~~IE P:'.OVT_SIOPI5 Cn T~+'IS ORDII^~I1Cs. ;~n m ; p~ -~y- -r~,--~ I::'~`IO-, , ,,,, -OAI~iO 0'~' !iT7~ ~ 'T ,,;,' 0'~, r<,Frr: Clr,,y 0' :IV~RSIDh, L:LSSOt"tI, AS ?OhLO'u7S ; Section 1. :Definitions. -- nor the purpose of tl_is ordinance, the follovrin~; vrords and terms, as used herein, are defined and shall have the follotvin~~; des-i;nated meaninms; ;~e`ords used in t::e present tense include the i°uture; the vrord "shall" is mandatory anti not directory; the vrord "building" shall include the vrord "structure" ; the vrord "lot" includes "plot" snd skia.ll be a parcel of land occupied or to be occupied bar a buildin^; and its accessory buildings and includes such open spaces as are recuired under this ordinance and havinc; a principal .fronta~~e on a street or avenue; a "corner lot" is a lot~abuttin?; on tv;o o°• r.:;.ore treets at t_"~eir intersection, and the frontage of a corner lot small be on that street on ti°r:.ich the City has the r_3rrov~~er dimension; tho ~;~ord "ap~.rtment" :-:jeans a suite of room or a roor.~. ir. an apartment house arranged, intended, desi~;rned for or used as a dace o:f residence oT~ a single family or group o_° in~'ivi.dua"ls livizl^ together as a sinle house-keeping unit; an "apartment house" is a building arranged, intended or desi„nod for or occupied by more than two far,~ilies; "hotel" means a buildinr~, occupied or used as a more or less temporary abode of individuals or .;;roues of individuals who are lodr~ed with or without meals, and which has no provisions for cool:in~ in individual rooms; the term "front yard" means an open space unoccupied by buildings or structures across the full width of the lot, extendin;z from the front line of th.e building to the front street line of the lot; "private ;garage" is an accessory building for storage ' of mo"L-or vehicles only; "Accessory building" is a subordinate building customarily incident ~,~nd located on the lot oc- cupied br the main buildinE; "conforming; use, buildin„ or lot" is one that does not, by reason of desi~:n or use, con- form to the r° gulations of the zoning district in vrhich it is situated; the vrord "story" means that part o.f the buildinE included 'oetvveen the surface of one floor and the surface of the floor next above, or if there be no floor above that part of the building which is above the surface of the highest floor thereof; "half story" means a story under a -able, hip or gambrel roof, tkie wall plates of which on at least two oi~posite exterior v'ral]_s are not more than tvro feet above the floor o_° such story; the term "street" means a public thorough- fare or place whic'n affords principal means of access to property BILL I?C .~ 3~+ pa c;e 2 oRD IrAIvcE zro . 34 "street line" m©ans the dividing the term abuttin pr°perty; "structvsal abutting; thereon; and tho c~ member of a line between the streetchar e in the supp°rtin° '+ means anY r walls, columns, beams or girders. alteratior_s as bearin;, buildin, such _ .the basis of use - On ~ and section 2.. Tones or Districts. be ~onstrLlsthereb~cdividedtin various f. or which bui7.dings fa~~v©r„ide, "districts." occupied, the City °zones to be herein designated, as 'rinds or classa~e°~s follovrs; she districts ~~idence district for lst. Distr~ A is to be a r~.- one family dweZ7- ns and duplexes. District B is to ~~~ a residence district for Znd. D _~o-t-e~:s and motels. apartment housos, ~• ~ district is to be a public bvG.iland°other public 3rd. District C schoo , s -a e and federal builain~s for city, uses. l;th. District D is to be the retail business distric . istrict E is to be a special district in vrhich 5th' D courts for residence use may be maintained. trailers and r~--a'iTer which 6th. District F is to be a special district in r businesse~~a ~e operated. tave_n Y and heav~T industries. 7th. I~i._ Strict Cs is to be ~ or light District H is to be a special district in which 8th. T be operated. jv.~{in`' and tivrec~ n~~ yard business mad _ - The boundary lir_es Section 3• District loundaries. as °ollovrs; of said ei~;Izt zoning; districts shall be on the south by a strip District A shall be bounded , from the the north side of i:ighvray 1~5 rsh_ A. shwa, ~ 5 with Him 300 feet vri e a loin n._, f said Him y `~"~ ad'oinin limits to the junctions °- ,00 feet wide ~ and vrest °iand from said juncti9n by a strip J ~-hvra 71 way 6) of hi~hv,ay 69 to its junction with Hip Y the north. side 1 by a strip 300 feet vride ad- from said junction with Highway 7 ~;.lvra 71 southeast to the the east and nortYi sides °f I3i„ the north- city joinin„ aid district shall be bounded on the;~its east city limits•limits, on the north by by the ti°rest city citTr limits. and on the east by the east '' a zone 300 feet wide B• District B shall consist O1 unction of said Iii~;hway e o Vhway 'jl from the ~ said Iiig'nway 71 from each s ride from and of a zone 300 feet 71 and P,~anden Road south and southeast 69 from the junction to the Platte Oounty Lirland of I3ighwaY bits to the junction each side of Hignwahwa5s vrith the city a zone 300 of oath of said Hi~hi~rays with IiighvraY 71, and by unction with of each of said Hi:~ Y 6 from its j limits; and a zone com- feet aide from both sides of Hiassed within the triangle formed Hi~.hway 71 northeast to the east city and a zone composed posed of ail oi^ the area encomp and 1~.5; by the junctions of Highvvays 71, 69 unctions of highways of all of the area encompassed within tk~e and a zone 300 feet vaide on each side Tract 2 of the subdivis on 69 and 71 and Line Creek; east line of Tract 1 of Valley Drive from the south line of and also a of Tract 31 following north and east to the 1 at its 2 in Northwood Acreshway 7 of t'ne subdivision °f intcan3the west line of Hi. zone be~;innin~; at a p I~II:I, rTo. 3~- Pare 3 oRDIrT~rlc~ Ire. 3~. intersection u^rith the north line of the Southeast ~?uarter of the northwest ~~uarter of Sectior_ i!, Tovrnship ~0, :;ape 33, thence west alon;_; said north line to the northwest corner of the Southeast 6;?uarter of the northwest ^uartor of Section Z;_, Tovrnship 50, I:ange 33, thence south alonm the west line of the Southeast ~~,uarter of tkie rlortlzwest quarter of Section 1~., ^ovrnship 50, ~anpe 33, to a point 3~?0 feet distant anal per~en- dicular to the northwesterly right-of-way line of I~i~,hway b9, thence in a southwesterly and uvesterly direction along a line parallel to and 300 feet distant from the northwesterly line of FIi^;hvray n9 to its junction vrith IIi ;hway L.S. C. District C shall be bounded on tkie south by the junction of Hlg way 71 and 1€_andan 1Zoad and shall be bounded on the east by a line 300 feet east of Ili ;hway 71 and on the west by a line 300 feet west of I?imhvra~T 71 and north by the north city limits. D. District D 3.s to consist of a zone 300 feet vride extending from eac side of highway 71 from t'ne junction_ of said '~i rhvra~r 71 and p;'andan ^oad south and southeast alon said IIi„hway 71 to the Platte County line; and of a zone 300 feet Vride from each s j.de of iIighway ~;5 and of -ii~;hvray 69 from the junction of each of said I-'_i^;h!^:ays witl: the Cit~r 13.mits to the junction of °~ach of said Iii~;hvrays uvit^. Highway,71; and by a zone 300 .feet vride from both sides of _irhwa;r ~Q from its junction :with ?ighuvay 71 northeast to the eas$ City limits; and a zone composed of all of the area encomx~assed v;it%iin the trianr;le formed by the junctions of I'_imhways~ 71, E'9 and ~~_5; and a zone com~nosed of all of the area encompassed uvithin the junctions of ?;i; ;kiways c~ and 71 and Line Creel=; and a zone 300 feet vride on each side o1' Valley Drive .from the south line of `B'ract 2 of the subdivision of tract 31 followin north and east to the east line of Tract 1 of the subdivision of Tract 32 in I'ortknvood Acres, and a.1_so a zone 300 feet •.ride on the north and northwest side o.f I'i~hway e from its junction uvith ?.Ii~,,h- way Z;-5 south and southuvest to its junction uvith Hi;;hvray 71. E. District B is to be pounded on the south by the south city ~mT``-i~; on the west b~T the wrest Citt* limits, on tiie north by a line 300 feet south of ?_i~rhvray ~~5 and rii ;hvray 71, ar_d or. the east by the east ci_t-y limits. F. District F small consist ol° a zone 30t} feet vvi.de on the east anTr_or side of ~ii~rhuvay 71 from the junction of said -ri'~way 71 with Line Creek southeast to the Platte County line. Also, area encon.passed within pine Creek from the west line of 'Iimhway 71 to the South City li.7its, the soot=~ City limits, the east City limits, and the north line of I-i„hvray 71, and a. zone composed of t'~e a.rea encompassed witl--in the junctions of ~=i~;hways r~~) and 71 and Line Creek. CT. District G shall be bounded on the wrest bar the west City Limits, on - e south by tine south City limits, on the east by the east Cit~r limits, and on the north by a line 300 .feet sout'r. of ri;^k?.uvags ~;_5 and 71. ?-I• District H shall be bounded on the norti b-r the C. '>. ~: ^. .1"~iTroa~~i;ht o-f vva.y on the east by the east City limits, on the south by the river and on the west bar Tillson I,~ ne . Section ~,.. )i strict '~est.rictions -- "'he specific uses for wkiich the several disti~i cts shall be put to are as follouvs ; Distri ct A shall ba 'the hi;~rli class residence district restric~ec~. ~o one-family dvvellin~;s and duplexes. B1?.,L !'~~.• 3~!' t~'a"~~' ~~- di'~'.:;:1iTri~ 1.~• 3LL District B shall be used i'or the same purposes as Distric yr .1 Zhe additional right to construct and operate therein apartment houses, hotels and motels. District C shall be tare dist^ict: for public t?ses Rnd the .folTovr n~ ouildings and enterprises can be establisred t'_iereir.; Schools, cite buildings, churches, ;public -narl_s and playgrounds and other proper public uses. ~k.e uses that can be r.ade o° .Districts i~ and also apply to this district. District D shall be ?_novm as the retail business district; a`n`cT~~e businesses vr.?ie?i may be carried oiz in this district are as :°ollo?n~s; ar_ h s Barber and Beaut;T S:aops 'us_~.ness, Ga°r:?ercial, :Dar_cin^; or ?=usic Schools Clinics and veterinarians and kennels Clothinr- or ready-to-vicar stores Conf eci,_ionaries Dry "Dods or iTotion Stores Drug Stores D~reint_;, dr~r cleanin? or. laundr;;% collaction of~°ices DTcin^_', dr~r cleanin~ or lavndr~* bus~.nesses b~i_llinc; Stations ?i:c-it cr ra<.'io rc~~a-r s'.~ors _'?.?rniture homes or stores 1 'Florists or ^;ift shops r~ara,;es ~°or rcotor ve~~icles grocery, :~ruit or vegetable stores TI~~rd.+rare stores Jevrelrr Stores Lod ge and i raternal halls i,:~ssen?;er or t•alc"raph service stations ;'eat r:arkets or uelicatessens s..ov3n~,; -picture shows and theatres Of ['ices, includin_3 tic.-et o.i_eices for railroad, steamship, bus ~~.ncl aviation lines pastr~T sloops I'ubli c parkin ; lots or stations ~°orlassen~_;er cars or taX1S ',es taurants or tearooms 'etail trades or shops for custom ti^rorl~ Shoe stores or shoo repair shops p'.:;oto,-,ra?~kiers or artists + studios Paintin_~ an;?, decorating shops Pl?;~nbin shops ^'elephone :~XChar_~;e or ~oublic utilit~r stations or subdivision. 'v':-hol wale sales office or sample roo?a Und.ertakin^~ establishments kTevrspaper Job printir_~ Sk~atin;~; rink or dance hall '4'tare house i'he same uses can be ?r_ade oi' this district as of District B vitiz the additional rimht therein to conduct retail business. District shall be the only district in ~^rhicn trailers or trai er tour a for residential purposes znay be maintained. District r~ shall be the onl~r district in v~hich tavern businesses ~na~.'"'fte operated. BILL PtO. 3ZI. Page 5 ORDINANCE N0. 3ZI. District G shall be known as the light and heavy industr'iaTOs~rict. All of the uses which can be made of District D can be made of this district vrith the addi- tional right to carry on lif-,ht or heavy industries. Such light or heavy industries shall include all lawful businesses vrhich are not otherwise provided for or prohibited by the terms of this ordinance. District H shall be the only district in vrhich junkyard or wrec_ ng usinesses may be conducted. Section ~;. Rules for classification. -- Any building or business enterprise not heretofore listed and classif ied in a zoning district may be classif ied and located by the Buildin? Inspector, subject to review and re-classification and locatior_, however, shall reasonably cor.~e within the general intent and purpose of this ordinance in classif yin^~ and locatinf; buildings and business enterprises. Section ~. r3uilding Restrictions. -- The building; restrictions shall be as :follows; District A. Ido residence or duplex shall b3 erected on a to con a~~n3ng less than 6000 square feet per living unit intended to occupy said building, nor shall such lot be less than v0 feet wide at the :front building line. All residences and duplexes shall set back at the .foundation line not less than 3~ feet from the front property line. All residences and duplexes must set back .f_rom the side propert~r lines at least six feet. Any unattached ;arae or other out-building must set back at least two feet from the side and 'pack property lines. District B. All apartr,~ent houses, hotels and motels must se~~ac~"-from the side property lines at least six feet. All streets in all districts si~a 11 be in accordance tivit`:1 specifications provided by ordinances of the Cit,T. Section 7. i~?on-con,.°ormin^' L'ses. -- A non-conforming use of existin.~; buildings or land lavrfu~ly existing; at the time of the passage of this ordinance, although such. use does not conform to the provisions hereof, may be continued, subject to the provisions of this ordinance or an~r arnen:~snents thereto, but i~' such non-conforming use is discontinued or title to the land and buildings shall be conveyed by the lawful owner of said land and buildings, who owned said land and buildings at the date o.° the passage oC' this ordinance ar_d such land and buildings are located in District A or in such portion of District B as ` is not included within the boundaries of District D, then any future use of said premises shall be in conformity with the provisions of this ordinance. If such land and buildings are not located in District A or in such portion of District B as is not included within the boundaries of District D then such non-con°ormin^~ use may be continued. "'he provisions of this ordinance shall apply to any alterations of a building to provide for its use for a purpose or in a manner different fror:~ the use to vrhich it t°,~as put before tk:e alterations. LzLL id0. 3)Y Pa me 6 O';pzPT+~TdCL 1`;U. 34 A non-conforming use if ckianged to a conformin^~ use or more restricted, r_on-cor~.forntir_~~ use, mar r_ot; thereafter be chanted bac?~ to a less restricted use than that to trk~.ich it was changed. zf any property is hereafter transferred to a more restricted district by a chan me in the district boun- daries, or the regulations and restrictions in and- district are made more restrictive or of a h.in;her classification by amendment to this ordinance,. the provisions of this or dinance relating to the non-conforming use of buildin^s or premises existing at the time of the passage of this ordinance, shall a-~ply to buildings or premises occupied or used at the time of t,le passage of such amendment. A buildin;~ arranged, dASi:~~ned or devoted to a non- conformin.; use at the time of the passage of this ordinance, may not be reconstructed or structurally altered to an extent exceeding in a~~~regate cost, during any ten-yAar period, sixty (~~0) per cent of the assessed value of the building. Section 8. Completion and Pestoration of ;ristin~; Building. -- hothing herein contained shall reuire any change in the plans, construction or desinnated use of a buildin;^_; for which. a buildin; permit has been heretofore issued, and plans for t~rilich are on file with the City Clerk at the time of the passage of this ordinance and the con- struction of trrhich in either case skull have beer. diligently prosecuted ti~rithin one year of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such year and which entire buildinm shall be completed, according to such plans as filed, 1•rithin two years from the date of the passage of this ordinance. T~othin<; in tk~is ordinance shall prevent the restoration of a non-conformin, buildinm part h= destroyed by fire, ex- plosion, act of God, or act o?° the public enemy, subsequent to the passage of this ordinance, or prevent the continuance of the use of such a buildin; orpart ti_~ereof, as such use existed at the time of such destruction of such buildin) or Hart thereof, or prevent a change of such existing use Linder the limitations provided '_~erein, provided such bLilding is not destroyed to the extent of more than seventy-five (75) per cent o.f its reasonable valuation. This ordinance shall prevent the restoration of such non-conformin; building so damaged :Wore than seventy-;'ive (75) per cent of the reasonable valuation, and shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, and shall prevent a change oI such existing use under the lirlitations provided by this ordinance. mhe provisions o:P this ordinance shall not apply to prevent the extension of any building, existing in any district at the time of the adoption o:f this ordinance, to the height tiviiich the walls, foundations and frame+rrork of such existing buildin.,, originally ~~rere intended, designed and constructed to carry; provided, her°rever, that the actual construction of the extensions in height permitted 'ay this paragraph shall have been duly commenced within five years from the date of the adoption of this ordinance. Section 9. Interpretation -- purpose. -- zn inter- preting and a-,~plying the provisions os" this ordinance, they shall be held to be the minimum requirements for the promotion BILL l0 3J~ page 7 OrDIIIAI~'CL Pd0 ~L{. of the he<ilth, safety, morale and the general tirelfare. It is not intended by this ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinances or anzr rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this ordinance to interfere t~rith or abrogate or annul any easements or cov- enants between parties; provided, however, that where this ordinance ii~:poses a greater restriction upon the use of buildings or prerises than are imposed by sucYi e;;istir_g pro- visions of law or ordinance or by such rules or regulations or by such easements, covenants, or agreements, t he provisions of this ordinance shall control, and ~rhere the :provisions of such easements, covenants, agreements, latirs or ordinances impose greater restrictions upon the use of buildings or premises, SL1C'Q provisions of such easements, covenants, agree- ments, lei-rs or ordinances shall not be interfered frith by any of the provisions of this ordinance. Sections 10. Zoning Corzuission. -- Pursuant to the requirerients of section (39.070, Piissouri revised Statutes 19-9, a Zoning cor.~slission shall be appointed to be composed of five members. The members of such commission who shall be freeholders shall be appointed by the Mayor and app®oved by the board of aldermen. The membership for the first co~:~uission appointed foilotring the adoption of this ordinance shall serve respectively-; One for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter members shall be appointed for t erms of five years each. The powers and duties of this Zoning Commission shall be those set forth in said Act of the legislature and by the provisions of this ordinance. Section 11. Future Amendments. -- The board of aldermen may, from time to time, on its own motion or on petition or recommendations, after due public notice and hearings thereon at wh.ic'_~ parties in interest and citizens shall have opportunity to be heard as provided 1lerein, amend, change, modify or repeal regulations and restrictions as established herein and'may change, restrict or e„tend the boundaries of the vario~~s districts established herein. Before tai:ing any action upon any proposed amendment, rnodi- 'fication, change, restriction or e;tension, the same shall be referred 'ay th.e board of aldermen to the Zoning Commission, which. commission, after due rublic notice and hearing, shall submit a report to the boa;~d of aldermen containing its recomr.~endation thereon. Section 12.rrotest.-- If a protest against such amendment, change, modifications, repeal, restriction or extension shall be presented, duly signed and achnowled~ed bar the owners of ten (10) per cent or more, either of the land (exclusive of streets and allys) included in such proposed change, or trithin an area determined by lines drawn parallel to and one hundred eighty-five (lC5) feet distant from the boundaries of the district proposed to be changed, such amend- ment shall not be patised e:>cept by three-fourths vote of the Board of Aldermen in the passage of the amending ordinance. Section 13. Notice of hearings.-- Iio action on an amendment, change, modification or repeal shall be taken until after a public hearing in relation thereto, at which parties ir_ interest and citizens small have an opportunity to be heard. At least fifteer_ (l~) days notice of the time and place of said hearing shall be published in an official paper, or a paper of general circulation in the City of ;riverside, T~lissouri . BI ~ L Te?G 34 Page F3, ORDI1dAIdCB. NO 3t~. Section ll~_. Buil ding Inspector.:.:: There is hereby created the position of building inspector to serve at the will of the board of aldermen and not for any definite term. PIis compensation shall be fixed by the board of aldermen. Appeal from his rulings shall be to the board of Adjustment for disposition. Section 15. ~i.nforcement.-- It shall be the duty of the building inspector to enforce the provisions of this ordinance and refuse to issue any building permit for any building or structure w'nich would violate any of the provisions hereof, and the said building inspeetor or any deputy or inspeetor working under his detection, by and with the consent of the budding inspector, is hereby authorized and instructed to arrest, prosecute, or bring any proceedings in a proper court in the name of the city of Riverside, Iiissouri, against any person violating any of th.e terms of this ordinance, and in case any building or structure is erected, constructed, re-constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, said building Inspector is i~ereby authorized and directed to instttttute an~* apr~ropriate action or proceedings to prevent such unlawz"ul erection, maintenance, construction, re-construction, alteration, repair, conversion or use, to restrain, correct or abate suciz violation and to yorevent any illegal act, conduct or use on or about such premeises. erection 16. Board of adjustment.-- Pursuant to the requirements of section 89.OB0 Revised Statutes of iMissouri 19ZI-9. there is hereby cremated a Board of Adjustment, to be composed of five members. Their apl~ointrnent, qualifications, to ..s of ofz"ice, powers and duties shall be those set forth in said act of the legislature. This Board, after organization, shall promulgate rules not inconsistent t~rith this ordinance for handling matters properly within its jurisdiction. All necessary expenses created by the Board in carrying on its worl: and not properly chargeable to tither pa ries shall be paid for out of funds of the city to appropriated for the purpose. Section 17. Four-Fifths Vote-- The concurring vo~re of four members of the board of adjustment shall be necessary to reverse any order, requ~.rement, decision of determination of any administrative official, or to decide in favot~ of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect anj, variation iil such ordinance. V Suction 1f3. Violation of Act of Misdemeanor-- The otimor or general agent of a building or premises trhere a violatior. of any provisions of the regulations of this ordinance has been conrraitted or si~.all exist, or the lessee or tenant of an entire building or entire prey?ises wrhere such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been cor~- mitt ed or shall exist, or tl?e gen.Bral agent, architect, builder, contractor or any other person who cor~_its, taxes pai°t or assists in any such violation or who rnaint gins any building or premises in z-r'nich any such violation shall exist shall be gui]_ty of a misdemeanor punishable bJT a fine of not less than ten do_lars 0;10.00) and not more tb.an One hundred „+ (•;;100.00) Dollars for each and ever;;- day that such violation continues. .'.ILL s0. 3Z; Pa ^;e 9 0?;DTP?AT?C?, IiO. 3~- Section 19. All ordinances and parts of ordinances in conflict or inconsistent v~ith this ordinance are Hereby repealed, e:ccent as othervaise provided for in this ordinance. Section 20. Should of this ordinance be decla petent jurisdict5.on, it is Aldermen that such holdin<_°, affect the le ality of the ordinance. any clause, sentence or para~~raph rad ille;al by any cov.rt of com- tk~e intent of the_oard of o~' tie court skZe.ll in no ~=gay remainin~~ provisions of the passed this /~ day of ~~~'1 1952. ;? r ,, A~nT~s~r ; y C er~~~ Approved this /~, day of qp/~ j~, 1952. O ~._._