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462.12 RESTRICTED RESIDENCE DISTRICTS.
Any city of the first class may, through its council, upon petition of 50 percent of the owners
of the real estate in the district sought to be affected, by resolution, designate and establish by
proceedings hereunder restricted residence districts and in and by such resolution and proceedings
prohibit the erection, alteration, or repair of any building or structure for any one or more of the
purposes hereinafter named, and thereafter no building or other structure shall be erected, altered
or repaired for any of the purposes prohibited by such resolution and proceedings, which may
prohibit the following: hotels, restaurants, eating houses, mercantile business, stores, factories,
warehouses, printing establishments, tailor shops, coal yards, ice houses, blacksmith shops, repair
shops, paint shops, bakeries, dyeing, cleaning and laundering establishments, billboards and
other advertising devices, public garages, public stables, apartment houses, tenement houses, flat
buildings, any other building or structure for purposes similar to the foregoing. Public garages and
public stables shall include those, and only those, operated for gain.
Nothing herein contained shall be construed to exclude double residences or duplex houses,
so-called schools, churches, or signs advertising for rent or sale the property only on which
they are placed, and nothing herein contained shall be construed so as to prohibit the council of
any such city of the first class from permitting the remodeling or reconstruction of the interior
of any structure in any such restricted residence district which possesses a gross ground area
delineated by its foundation walls of at least 1,000 square feet, so that the same shall contain
separate accommodations for several, not in excess of four, families; provided that the substantial
alteration of the exterior of any such structure shall not be authorized in any such case; and
provided further, that such city council shall expressly find in each such case that such remodeling
or alteration shall be consistent with the public health and safety.
No building or structure erected after the creation of such district shall be used for any
purpose for which its erection shall be prohibited hereunder.
The term "council" in sections 462.12 to 462.17 means the chief governing body of the city
by whatever name called.
Any district or any portion thereof created under the provisions of sections 462.12 to 462.17
may be vacated and the restrictions thereon removed by the council upon petition of 50 percent of
the owners of the real estate in the original district. A portion of a restricted residence district
may be vacated and relieved of the restrictions imposed thereon pursuant to sections 462.12 to
462.17 by the council upon petition of the owners of the portion of the district sought to be
relieved if such portion or lot sought to be relieved does not in any part lie between other portions
of such restricted district, or if the portion sought to be relieved abuts upon a public street or alley
along one border of such district and extends along said public street or alley the entire distance
between cross streets, or if the portion or lot sought to be relieved is contiguous to, along one or
both sides, or across a public street along its entire front from a parcel of land which shall be duly
zoned under a valid municipal zoning ordinance for commercial, multiple dwelling or industrial
purposes. The vacation of such district or portion thereof and the removal of the restrictions
therefrom shall be accomplished in the same manner herein provided for the creation of any such
district, and in the vacation of any such district or any portion thereof and the removal of such
restrictions each and all of the provisions of sections 462.12 to 462.17 as to allowance of damages
and benefits to property affected and as to the appointment of commissioners to appraise such
damages and benefits and the duties of such commissioners, of the city clerk, and of each and all
of the other officers upon whom duties are herein imposed shall be complied with, and when such
proceedings for the vacation of any such district or portion thereof shall have been completed, the
property included within such district or portion thereof so vacated shall be deemed relieved of
each and all of the restrictions imposed in the proceeding creating such district. In the allowance
of damages and benefits to property affected by any proposed vacation, no evidence shall be
received, or consideration given to the existence of any other restriction or any restrictive or
zoning ordinance, law, or regulation.
History: (1618) 1915 c 128 s 1; 1923 c 133 s 1; 1925 c 122 s 1; 1931 c 290 s 1; 1943 c 246 s 1