Bates City City Zoning Code
ARTICLE I
General Provisions
Section 400.010 Introduction.
[Ord. No. 5053, 4-30-2015]
This Chapter shall be known and may be cited as the "Unified Development Ordinance of the City of Bates City, Missouri," and may be abbreviated as "UDO." It may also be referred to herein as the "Chapter" or "these regulations."
Section 400.020 Authority.
[Ord. No. 5053, 4-30-2015]
This Chapter is adopted pursuant to the authority granted to the City by Chapters 89 and 445 of the Revised Statutes of the State of Missouri, pursuant to the City's planning and zoning, and pursuant to the City's platting powers.
Section 400.030 Applicability.
[Ord. No. 5053, 4-30-2015]
This Chapter shall be effective throughout the corporate limits of the City. Except where otherwise indicated, the provisions of this Chapter shall apply to the City. Nothing herein shall be construed to preclude the City from adopting and enforcing extraterritorial zoning, planning, subdivision and building regulations pursuant to state law.
Section 400.040 Purpose.
[Ord. No. 5053, 4-30-2015]
The purpose of this Chapter is to regulate and control the development of land and related matters within the City to promote the public safety, health, and general welfare of the community. Specifically, this Chapter furthers the purposes of: promote health, safety, morals and a general welfare of the community, including its aesthetic appearance; lessen congestion in the streets; secure safety from fires, panic and other dangers; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; bring about the gradual conformity of the uses of land and buildings throughout the City; facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements; protect and conserve the value of land throughout the City.
Section 400.050 Relationship To Other Provisions Of The Code.
[Ord. No. 5053, 4-30-2015]
The use of buildings and land within the City is subject to all other applicable provisions of other City ordinances as well as this Chapter, whether or not the other provisions are specifically cross-referenced in this Chapter. Cross-references to the other provisions in this Chapter are for the convenience of the reader, and the lack of a cross-reference should not be construed as an indication that the other provisions do not apply.
Section 400.060 Prohibitions.
[Ord. No. 5053, 4-30-2015]
A.
No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose except in accordance with the provision of this Chapter and other relevant City ordinances.
B.
No person may use, occupy, or sell any land or building or authorize or permit the use, occupancy, or sale of land or buildings except in accordance with all of the applicable provisions of this Chapter.
C.
For purposes of this Section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
Section 400.070 Effective Date.
[Ord. No. 5053, 4-30-2015]
The provisions of this Chapter are hereby adopted and become effective on April 30, 2015.
Section 400.080 Development Under Prior Regulations.
[Ord. No. 5053, 4-30-2015]
A.
Those regulations in effect immediately prior to the effective date of this Chapter shall be referred to in this Chapter as the "previous regulations."
B.
All permits issued by an administrative official or body, or a legislative body acting in an administrative capacity, prior to the effective date of this Chapter shall be valid until their expiration under the previous regulations. Applications for administrative permits submitted after the effective date of these regulations shall be reviewed and evaluated pursuant to the requirements of this Chapter, except as otherwise specified herein.
C.
Complete applications for final plat(s) submitted prior to the effective date of these regulations shall be processed under the previous regulations. Incomplete applications for final plats submitted prior to the effective date of this Chapter, and that are not submitted in a complete form until after the effective date of this Chapter, shall be processed under this Chapter. All applications for subdivision approvals submitted after the effective date of these regulations shall be reviewed pursuant to these regulations. Preliminary or final plat applications, approved under the previous regulations, which are allowed to lapse or expire will be subject to reapplication under these regulations.
D.
Existing uses may continue either in compliance with these regulations or as legal non-conforming uses. Applications for proposed new uses submitted after the effective date of this Chapter shall be considered pursuant to these regulations.
Section 400.090 Severability.
[Ord. No. 5053, 4-30-2015]
It is the City's intention that the Sections, Subsections, paragraphs, sentences, clauses and phrases of this Chapter are severable, and if any Section, Subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, the unconstitutionality or invalidity shall not affect any of the remaining Sections, Subsections, paragraphs, sentences, clauses or phrases of this Chapter since the same would have been enacted without the incorporation into this Chapter of the unconstitutional or invalid Section, Subsection, paragraph, sentence, clause or phrase. The Board of Aldermen hereby declares that it would have adopted this Chapter and each, Section, Subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more other Sections, Subsections, sentences, clauses and phrases be declared unconstitutional.
Section 400.100 Fees.
[Ord. No. 5053, 4-30-2015; Ord. No. 5158, 3-13-2025]
A.
The amount of the application fees charged shall be established by the City of Bates City Schedule of Fees[1], as amended. Fees so established shall be paid upon submission of a signed application or notice of appeal.
[1]
Editor's Note: Exhibit A, Schedule of Fees is set out as an attachment to this Chapter.
B.
The fees as shown in Exhibit A, Schedule of Fees, which is set out as an attachment to this Chapter and made part hereof, shall be paid by persons submitting Zoning, Board of Zoning Adjustments, land division, development requests for processing within the City of Bates City, Missouri, and for receiving other planning and inspection services.
Section 400.110 Zoning Administrator.
[Ord. No. 5053, 4-30-2015]
The Board of Aldermen shall designate a person to serve as the Zoning Administrator. The Zoning Administrator shall have the responsibility and authority to administer and enforce the provisions of this Chapter.
Section 400.120 Planning And Zoning Commission.
[Ord. No. 5053, 4-30-2015]
A.
Membership. The previously established Planning and Zoning Commission is hereby continued. It shall consist of seven (7) members, including the Mayor of the Board of Aldermen, a member of the Board of Aldermen selected by the Board, and five (5) citizens appointed by the Mayor and approved by the Board of Aldermen.
[Ord. No. 5118, 2-10-2022]
B.
Terms Of Office. The members shall be appointed for four-year terms which terms shall be staggered.
C.
Vacancies. Vacancies shall be filled by appointment by the Mayor of the Board of Aldermen with approval by the Board of Aldermen for the unexpired term of any member whose term becomes vacant.
D.
Removal. Members of the Planning and Zoning Commission may be removed by the Board of Aldermen for cause stated in writing and after a public hearing.
E.
Officers. The Planning and Zoning Commission shall elect its Chairman and Secretary from among the citizen members. The terms of Chairman and Secretary shall be for one (1) year with eligibility for re-election. The Planning and Zoning Commission may also elect for a term of one (1) year, a Vice-Chairman who shall serve in the absence or disqualification of the Chairman.
F.
Salary. All members of the Planning and Zoning Commission shall serve without compensation except for such amounts determined appropriate by the Board of Aldermen to offset expenses incurred in the performance of their duties.
G.
Procedure. Decisions on all issues brought before the Planning and Zoning Commission shall require a majority vote of the quorum. The Planning and Zoning Commission may adopt rules of procedure. The Planning and Zoning Commission shall hold regular meetings and special meetings as necessary. Any regular monthly meeting of the Planning and Zoning Commission may be omitted, if in the sole discretion of the Chairman of the Planning and Zoning Commission, there are too few items on the agenda to justify the expense of holding the meeting. Other meetings may be designated by the Planning and Zoning Commission or may be called by the Chairman.
H.
Powers And Duties. The Planning and Zoning Commission shall have the power and duty to:
1.
Make recommendation to the Board of Aldermen on all proposed zoning text amendments and rezoning of property, including conditional use permits;
2.
Make recommendations to the Board of Aldermen on all proposed subdivisions of land;
3.
May recommend plans and infrastructure improvement programs, including the financing thereof, to the Board of Aldermen;
4.
Adopt the City's Comprehensive Plan;
5.
Perform all other functions pursuant to State law.
Section 400.130 Board Of Adjustment.
[Ord. No. 5053, 4-30-2015]
A.
Membership. The previously established Board of Adjustment is hereby continued and shall consist of five (5) members, who shall be appointed by the Mayor and approved by the Board of Aldermen.
B.
Term Of Office. The terms shall be overlapping five (5) year terms.
C.
Alternates. Two (2) alternate members with the same qualifications as members may be appointed by the Mayor, with the approval of the Board of Aldermen, to serve in the absence of or the disqualification of the regular members. Alternate members shall be appointed for terms of three (3) years each.
D.
Vacancies. Vacancies shall be filled by appointment by the Mayor with the approval of the Board of Aldermen for the unexpired term of any member whose term becomes vacant.
E.
Chairman. The Board of Adjustment shall elect a Chairman from among its members.
F.
Removal From Office. Members of the Board of Adjustment may be removed from office by the Board of Aldermen for cause stated in writing and after a public hearing.
G.
Salary. All members of the Board of Adjustment shall serve without compensation except for such amounts determined appropriate by the Board of Aldermen to offset expenses incurred in the performance of their duties.
H.
Powers And Duties. The Board of Adjustment shall have the power and duty to:
1.
Hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of these regulations where it is alleged by the appellant that there is clear error in fact or law in such order, requirement, decision or refusal made by the Zoning Administrator based on or made in the enforcement of these regulations;
2.
Hear and decide upon applications for use and area variances in accordance with the provisions of this Chapter;
3.
Hear and decide upon applications for legal non-conforming use;
4.
Undertake such other responsibilities as may be required by this Chapter or by the Board of Aldermen.
I.
Procedure. The Board of Adjustment may adopt rules and administrative regulations governing its procedure, and may meet as needed for the transaction of business. The affirmative vote of four (4) members of the Board of Adjustment shall be required to approve any request, application or variance. A quorum of three (3) members of the Board of Adjustment shall be required for a meeting to be held. After the Board of Adjustment has heard an appeal and made a decision, it may, in its sole discretion, refuse, for a period of six (6) months thereafter, to hear an appeal based on a similar application by the same parties for the same property.
Section 400.135 Annexation: Alteration Of Boundaries And Additions To The City; How Made.
[Ord. No. 5101, 3-9-2021]
A.
The boundaries of Bates City, Missouri as established at the time of the adoption of this Chapter may be altered, changed, enlarged or diminished from time to time as tracts or parcels of land are duly added or removed from the limits and boundaries of the City or by lawful action of the City.
B.
Any tract of land adjoining Bates City, Missouri may be annexed to the City upon passage of an ordinance by the City council to that effect and duly enacted pursuant to the applicable laws of the State of Missouri in force at the time of such annexation. The ordinance of annexation shall designate the zoning classification of such annexed territory under the zoning code of the City. Such territory so annexed shall form a part of the corporate limits of the City, and the inhabitants and property thereof and therein shall thereafter be entitled to all the rights and benefits of other inhabitants or property within the City and shall be subject to all the duties and responsibilities of all the laws, ordinances and rules of Bates City, Missouri, and shall also be liable to assessment and taxation for City purposes as is all other property located in Bates City, Missouri.
C.
Public Hearing.
1.
Notice. Despite the abbreviate procedures allowed by Section 71.014, RSMo., no annexation shall become effective until after a public hearing in relation thereto by the City's Planning and Zoning Commission, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in the official paper of the City or a paper of general circulation in the City.
D.
Procedure. After the annexation application has been completed, signed and notarized, it will be returned to the City Clerk and presented to the Planning and Zoning Commission. After a public hearing is held, and if the proposed annexation is reviewed by the Planning and Zoning Commission, an ordinance annexing the property into the City will then be drafted and placed on the next available agenda of the Board of Aldermen.