Centralia City Zoning Code
ARTICLE I
In General
Section 31-1 Definitions.
[Ord. No. 738, § 1, 1-9-1961; Ord. No. 1603 §§ 1-2, 3-18-1991; Ord. No. 1735 §§ 1 — 2, 4-19-1993; Ord. No. 2211 §§ 1 — 2, 9-16-2002; Ord. No. 2382 § 1, 12-19-2005; Ord. No. 2394 § 2, 2-21-2006]
For the purposes of this Chapter, the following words and terms as used are defined to mean the following:
A subordinate building having a use customarily incident to and located on the lot occupied by the main building, or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.[1]
A nightclub, bar, restaurant or similar establishment in which persons regularly appear in a state of nudity or semi-nudity in the performance of their duties.[2]
A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
A suite of rooms or a room in an apartment house arranged, intended, designed for or used as the place of residence of a single family or group of individuals living together as a single housekeeping unit.
A building arranged, intended, designed for or occupied by more than two (2) families.
A story below the first story, as defined under "story," counted as a story for height regulations if subdivided and used for dwelling purposes other than a janitor or watchman employed on the premises.
A dwelling containing not more than five (5) guest sleeping rooms which provides sleeping rooms and meals for transient guests for compensation.
A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Engineer shall determine the outline of the block.
A building, other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
Any act involving the genitals of one (1) person and the hand, mouth, tongue or anus of another person; or a sexual act involving the penetration of the human male or female sex organ or the anus by a finger, instrument or object done for the purpose of apparent sexual stimulation or gratification.
An area established or used for ingress and egress of vehicles from a street or thoroughfare to any point on private property.[3]
A building, or portion thereof, designed exclusively for residential occupancy, including modular homes, one-family, two-family and multiple dwellings, boarding and lodging houses, bed-and-breakfast establishments, apartment houses and apartment hotels, but not hotels or motels. Unless specifically stated, the term shall not include a travel trailer, camper or recreational vehicle, nor shall it include a manufactured home or a mobile home.
A building, or portion thereof, arranged, intended or designed for occupancy by three (3) or more families, including apartment houses, row houses, tenements and apartment hotels. Unless specifically stated, the term shall not include a travel trailer, camper or recreational vehicle, nor shall it include a manufactured home or a mobile home.
A detached building arranged, intended, or designated for occupancy by one (1) family, or for occupancy by eight (8) or fewer unrelated mentally or physically handicapped persons and no more than two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons. This definition shall also include any private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage, or adoption. Unless specifically stated, the term shall not include a travel trailer, camper or recreational vehicle, nor shall it include a manufactured home or a mobile home.[4]
Within an approved Planned Dwelling District as set forth in Article XVIII of this Chapter, an individual single-family dwelling may be attached to one other single-family dwelling at a side lot line when in a District "R-2-PD" or attached to other one-family dwellings at its side lot lines when in a District "R-3-PD." [Ord. No. 3030, 10-21-2019] |
A building arranged, intended or designed for occupancy by two (2) families. Unless specifically stated, the term shall not include a travel trailer, camper or recreational vehicle, nor shall it include a manufactured home or a mobile home.
The intermediary that facilitates the rental of any short-term rental property and collects payment from the transient guest, but not including an entity that acts solely as a property manager.
[Ord. No. 3031, 10-21-2019]
One (1) or more persons, who are related by blood, marriage or adoption, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit cost sharing basis. In addition, this definition shall also include those persons who can occupy a one-family dwelling.[5]
Any building or premises, other than a public or private garage, providing storage for motor vehicles, with facilities for washing but no other services, such garage to be in lieu of a private garage within a block or portion of a block.[6]
An accessory building for storage only of motor vehicles.
Any building or premises open for the parking or storage of fully operable motor vehicles.
Any building or premises open for the storage, impoundment, sale, hiring, care or repair of motor vehicles, except, however, no junkyard or automobile graveyard used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or parts thereof shall be allowed in such building or on such premises.
A building project consisting of three or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where the existing or contemplated streets or lot layouts make it impracticable to apply the requirements of this Chapter to the individual building units in such housing project.[7]
The vertical distance measured from the highest of the following levels:
From the median line street level;
From the average finished ground level of the portion of the lot adjoining, and within ten (10) feet of the building where it sets back from the street line ten (10) feet or more; to the level of the highest point of the roof beams of flat roofs, or roofs inclining not more than one (1) inch to the foot, and to the mean height level of the top of the main plate and highest ridge for other roofs.[8]
The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
A building occupied or used as a more or less temporary abiding place of individuals who are lodgers, with or without meals, and in which there are more than twelve sleeping rooms and no provision for cooking in individual rooms.
The penetration of the human female sex organ by the human male sex organ.
Either the owner of a short-term rental property or another specifically designated individual that is available twenty-four (24) hours per day, seven (7) days per week, for the purpose of responding within twenty-five (25) minutes to complaints regarding the condition, operation or conduct of occupants of the short-term rental property or their guests.
[Ord. No. 3031, 10-21-2019]
A parcel of land occupied or to be occupied by one building and its accessory buildings, and including such open spaces as are required under this Chapter, and having its principal frontage upon a public street or place.
A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City Administrator or the owner in an approved building permit.
A lot whose side lines do not abut upon any street.
An interior lot having frontage on two streets.
The lines bounding a lot, as defined herein.
The boundary between a lot and the street on which it fronts.
The boundary line which is opposite and most distant from the street line; except, that, in a case of uncertainty, the City Engineer shall determine the rear line.
Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place, or a side street line.
The mean horizontal distance from the front street line to the rear line.
The mean horizontal distance between side lines, measured at right angles to the depth.
A factory-built structure that is manufactured or constructed in compliance with and under the authority of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 beginning at 42 United States Code Section 5401 and regulations thereunder, and is to be used as a place for human habitation but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.[9]
The mean level in front of the lot, or, in case of the corner lot, along that abutting street where the mean elevation of the centerline of the street is the highest.
A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 beginning at 42 United States Code Section 5401, which became effective June 15, 1976.[10]
A factory-built housing unit certified by the Missouri Public Service Commission as meeting State of Missouri building standards and codes applicable to modular housing. Once certified, modular homes, like dwellings, shall be subject to all the applicable dwelling provisions of this Chapter and of Chapter 5 of the Centralia City Code.[11]
A group of attached or detached buildings containing individual sleeping or living units, designed for and used temporarily by motor vehicle tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts or motor lodges.
A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to January 9, 1961, and an illegal nonconforming use if established after January 9, 1961, and not otherwise approved as provided herein.[12]
The showing of the human female vulva or the human male or female genitals, pubic area, anus, anal cleft or anal cleavage with less than a fully opaque covering; or the showing of the human female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered human male genitals in a discernibly turgid state.
The person or entity that holds legal and equitable title to a short-term rental property and who resides there as the legal residence of such person.
[Ord. No. 3031, 10-21-2019]
The duration of time that any same transient guest(s) shall occupy the short-term rental property, which shall not exceed thirty (30) continuous days.
[Ord. No. 3031, 10-21-2019]
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
A state of dress in which opaque clothing fails to cover the human male or female genitals, anus, anal cleft, anal cleavage or pubic area, the human female vulva or the nipple and areola of the human female breast below a horizontal line across the top of the areola at its highest point. Semi-nudity shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by wearing apparel provided the areola of the human female breast is not exposed in whole or in part.
Any of the following acts, whether actual or simulated, normal or perverted: human masturbation; deviate human sexual intercourse; human sexual intercourse, physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a human female in an act of apparent sexual stimulation or gratification; sadomasochistic abuse; or acts involving animals or objects in an act of apparent sexual stimulation or gratification.
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
An adult cabaret or any business which regularly offers its patrons goods of which a substantial or significant portion are sexually-oriented materials. It shall be presumed that a business that derives thirty percent (30%) or less of its revenue from sexually-oriented materials is presumed not to be a sexually-oriented business. No building, premises, structure or other facility that contains any sexually-oriented business shall contain any other kind of sexually-oriented business.[13]
Any pictorial or three-dimensional material or film, motion picture, DVD, video cassette or similar photographic reproduction that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse.[14]
A rental of any legally permitted residential dwelling unit or a portion of such a legally permitted residential dwelling unit located in any residence district as defined by Sections 31-19, 31-21 or 31-23 of this Code for a period of less than thirty (30) consecutive calendar days, in compliance with the terms of this Chapter.
[Ord. No. 3031, 10-21-2019]
The property in which a short-term rental is located.
[Ord. No. 3031, 10-21-2019]
The designated form of application as provided by the City, which shall be completed in its entirety and submitted to the City by every owner of a prospective short-term rental property at least thirty (30) days prior to the start of any intended or prospective short-term rental.
[Ord. No. 3031, 10-21-2019]
A permit awarded by the City to an owner of a short-term rental property authorizing such owner to permit transient guests to occupy and rent for payment the short-term rental property described on such permit for the purposes of, and in accordance with, this Chapter.
[Ord. No. 3031, 10-21-2019]
The list maintained by the city, of every owner and each owner's respective short-term rental property that such owner rents to transient guests, and such other information as may be required by the City Clerk pursuant to the short-term rental property application, which shall be kept on record with the City Clerk for a period of three (3) years.
[Ord. No. 3031, 10-21-2019]
An accessory building for the keeping of horses, ponies, mules or cows, owned by occupants of the premises, and not kept for remuneration, hire or sale.
A stable, other than a private or riding stable, as defined herein.
A structure in which horses, ponies or mules, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire, including riding track.
That part of a building included between the surface of one floor and the surface of the floor next above, or, if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the median line street level or average ground level, as mentioned in "height of buildings" of this Section.
A public thoroughfare or place which affords principal means of access to property abutting thereon.
The dividing line between the street and the abutting property.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground, including, but not limited to, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.[15]
Any person who is over the age of eighteen (18) or is accompanied by an adult of legal age who occupies any rooms or accommodations within a short-term rental property for a period of less than thirty (30) continuous days; provided, however, that "transient guest" shall not mean an occupant under a lease agreement with a term in excess of thirty (30) consecutive days.
[Ord. No. 3031, 10-21-2019]
A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.[16]
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.[17]
A yard across the full width of the lot extending from the front line of the main building, or that line extended, to the front line of the lot.
A yard across the full width of the lot extending from the rear line of the main building, or that line extended, to the rear lot line.
A yard between the main building and the adjacent side line of the lot, and extending entirely from the rear yard thereof.
[2]
State Law Reference — See RSMo., § 67.2540.
[4]
State Law Reference — See RSMo., § 89.020.
[5]
State Law Reference — See RSMo., § 89.020.
[6]
Cross Reference — As to community garages, see § 31-19(A)(8)(e). As to parking for one- or two- family dwellings and manufactured homes, see § 31-51.
[9]
State Law Reference — See RSMo. §§ 700.010 — 700.320.
Federal Law Reference — See 42 U.S.C., § 5401, et seq.
[10]
State Law Reference — See RSMo., §§ 700.010 — 700.320.
Federal Law Reference — See 42 U.S.C., § 5401, et seq.
Cross Reference — As to floodplain, see § 12-1.
[11]
State Law Reference — See RSMo. §§ 700.010 — 700.320.
[13]
State Law Reference — See RSMo., § 67.2540.
[14]
State Law Reference — See RSMo., §§ 67.2540, 573.010.
Section 31-2 Districts established. [1]
[Ord. No. 738 § 2, 1-9-1961; Ord. No. 1603 § 3, 3-18-1991; Ord. No. 1735 § 3, 4-19-1993; Ord. No. 3030, 10-21-2019]
For the purposes of regulating and restricting the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, regulating and restricting the location of trades and industries and the location and design of buildings for specific purposes, regulating and limiting the height and bulk of buildings and the area of yards and other open spaces, and regulating and limiting the density of population, there is hereby established nine (9) zoning districts, as follows:
District "R-1" | One-Family Dwelling District. |
District "R-2" | Two-Family Dwelling District. |
District "R-3" | Multiple-Family Dwelling District. |
District "B-1" | Central Business District. |
District "B-2" | Highway Business District. |
District "M-1" | Industrial District. |
District "B-P" | Planned Business District. |
District "B-T" | Planned Trailer Court District. |
District "M-H" | Manufactured Home Subdivision District. |
There is also hereby established Planned Dwelling Districts as set forth in Article XVIII of this Chapter, which, when approved, shall simultaneously apply to specific properties also zoned District “R-2" or District “R-3." Such districts shall be commonly referred to and shown on zoning maps, as follows: | |
District “R-2-PD” | Planned Two-Family Dwelling District |
District “R-3-PD” | Planned Multiple-Family Dwelling District |
[1]
State Law Reference — Authorizing such districts, and regulation and restriction of buildings, etc., therein, see RSMo., § 89.030.
Section 31-3 District map - interpretation of district boundaries - classification of annexed territory. [1]
[Ord. No. 738 § 3, 1-9-1961; Ord. No. 1603 § 4, 3-18-1991]
The boundaries of the districts as enumerated in Section 31-2 are hereby established and adopted as shown upon the map which is hereby designated as the "zoning district map," and which map and all the notations, references and information shown thereon are hereby made as much a part of this Chapter as if the same were set forth in full herein. It shall be the duty of the City Administrator to keep on file in his office an authentic copy of such district map, and duplicate copies thereof, showing all the changes, amendments or additions thereto. When definite distances in feet are not shown on the zoning district map, the district boundaries on the zoning district map are intended to be along existing street, alley or plotted lot lines, or extensions of the same, and if the exact location of such line is not clear, it shall be determined by the City Administrator, due consideration being given to location, as indicated by the scale of the zoning district map.
When streets or alleys on the ground differ from the streets or alleys shown on the zoning district map, the City Administrator may apply the district designation on the map to the streets or alleys on the ground in such manner as to conform to the intent and purpose of this Chapter.
Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the center line of any such street or alley.
All territory which may hereafter be annexed to the City shall be unzoned until zoning for said territory shall be established by ordinance as provided by Sections 31-7 through 31-9 of this Chapter. Said zoning ordinance shall be adopted within ninety (90) days of the date of annexation. No building permits shall be used for construction within said annexed area until a zoning ordinance is enacted and in effect.
[1]
State Law Reference — As to zoning commission, see RSMo., §§ 89.030 and 89.070.
Cross Reference — As to boundaries of districts, see § 2-81 (H). As to amendments, see § 31-7. As to hearings, see § 31-9. Also see Ord. No. 1387, 1452, 1680, 1806, 1869, 1961, 1985, 1986, 2040, 2048, 2049, 2118, 2122, 2154, 2228, 2293, 2350, 2372, 2396, 2431, 2479, 2554, 2620, 2650, 2676, 2688, 2908, 2975, and 3171 for the most recent district map changes. As to map for flood regulations, see ch. 12.
Section 31-4 Compliance with Chapter. [1]
[Ord. No. 738 § 5, 1-9-1961]
Except as hereinafter provided:
A.
No buildings or structures shall be erected, moved, constructed, reconstructed or structurally altered, nor shall any building, structure or land be used for any purpose other than that which is permitted in the district in which such building, structure or land is situated.
B.
No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered which violates the height, yard or area regulations established in this Chapter for the district in which such building or structure is situated.
C.
No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density or population be increased in any manner, except in conformity with the area regulations established in this Chapter.
Section 31-5 Interpretation of Chapter; effect of other provisions. [1]
[Ord. No. 738 § 21, 1-9-1961]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or general welfare. Whenever this Chapter requires a greater width or size of yards, courts or other open spaces, or requires a lower height of building or less number of stories, or requires a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations of this Chapter shall govern. Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations of this Chapter, the provisions of such statute or local ordinance or regulation shall govern.
[1]
State Law Reference — For similar provisions, see RSMo., § 89.130.
Section 31-6 Enforcement of Chapter. [1]
[Ord. No. 738 § 26, 1-9-1961]
It shall be the duty of the City Administrator and City Engineer to enforce the provisions of this Chapter and to refuse to issue any building permit for any building or structure which would violate any of the provisions hereof, and either of such officers, or any deputy or inspector working under his direction, by and with the consent of the officer, is hereby authorized and instructed to arrest, prosecute or bring any proceedings in a proper court in the name of the City against any person violating any of the terms of this Chapter. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, such officer is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, reconstruction, alteration, repair, conversion or use, to restrain, correct or abate such violation, and to prevent any illegal act, conduct or use on or about such premises.
Section 31-7 Amendments, etc. - generally. [1]
[Ord. No. 738 § 22, 1-9-1961; Ord. No. 3063, 7-20-2020]
The Board of Aldermen, from time to time on its own motion or on petition, after public notice and hearings thereon as provided in this Chapter, may amend, supplement, change, modify or repeal the regulations and restrictions as established in this Chapter and may change, restrict or extend the boundaries of the various districts established in this Chapter. Before taking any action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the Board of Aldermen to the City Planning and Zoning Commission for report and recommendation.
Section 31-7.1 Rezoning Process.
[Ord. No. 3063, 7-20-2020]
A.
An Application Request for Revision of the Zoning Map (Rezoning Application) must be completed by the property owner or their authorized agent.
B.
A non-refundable fee of two hundred dollars ($200.00) must be paid at the time of application submittal.
C.
The following additional fees must be paid at least five (5) business days prior to the first scheduled public hearing date:
D.
No application for revision of the Zoning District Map will be accepted if it is the same or substantially the same as an application submitted within the previous twelve (12) months and which was denied by the Planning and Zoning Commission and/or the Board of Aldermen, or was withdrawn by the applicant.
E.
Before any action shall be taken on the petition submitted under the provisions of this Section, the party or parties proposing the change in the district regulations or district boundaries shall deposit with the City Hall office the rezoning fee established by Board of Aldermen to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of the requested change to be adopted by the Board of Aldermen. In addition, the applicant shall furnish the names of the adjacent property owners within one hundred eighty-five (185) feet of the proposed change and shall pay all mailing costs for notification of these owners.
F.
Applications for amendment to the zoning district map shall include the following information:
1.
The name, address, and telephone number of the property owner(s). Corporate applicants shall list the names, titles and addresses of the officers and the Board of Directors of the corporation. A copy of the corporate certificate of good standing with the State of Missouri shall be attached.
2.
A legal description of the property and proof of ownership of the property.
3.
The present zoning of the land included in the request.
4.
The present use of the land included in the request.
5.
The size of the tract to be rezoned, broken down either by acreage or square feet.
6.
The zoning district to which the applicant wants property rezoned.
7.
The zoning of the adjacent land.
8.
The proposed use of land should the request to rezone be approved.
9.
The approximate size and location of any existing structures on the property to be rezoned, including water system, wastewater system, and electrical services. The applicant should also list the approximate size of buildings proposed to be built.
10.
The reason and justification for the request being submitted.
11.
A sketch of the tract of land showing the location of existing and proposed structures.
12.
The signature of the property owner or his/her authorized agent. In the absence of the signature of the owner, the applicant shall attach a written power of attorney signed by the owner.
13.
The names and mailing addresses of all property owners owning land within one hundred eighty-five (185) of the property under consideration for rezoning.
14.
Failure to provide any of the required material will result in the invalidation of the application.
G.
Within fifteen (15) days of filing of such an application with the City Clerk, the applicant shall place a sign on the subject property in a conspicuous location. Such sign shall be of a type which will withstand the elements, not less than two and one-half (2 ½) by three (3) feet in size.
Section 31-8 Same - protest by owners. [1]
[Ord. No. 738 § 23, 1-9-1961; Ord. No. 1603 § 5, 3-18-1991]
If a protest against such change as described in the preceding Section is presented duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
[1]
State Law Reference — As to change in regulations, RSMo., § 89.060.
Section 31-9 Same - hearing required before action taken; notice of hearing. [1]
[Ord. No. 738 § 24, 1-9-1961; Ord. No. 3063, 7-20-2020]
A.
No action on an amendment, change, modification or repeal shall be taken until after a public hearing in relation thereto, 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 an official paper or a paper of general circulation in the City.
B.
An applicant for a change in the zoning district map shall have the responsibility to demonstrate to the Planning and Zoning Commission and the Board of Aldermen by competent, substantial evidence that the proposed change in the zoning district map is justified.
C.
During the hearings before the Planning and Zoning Commission and the Board of Aldermen, the applicant or their representative must present their request to the Planning and Zoning Commission and the Board of Aldermen. The presentation will include a staff report in addition to any other information, documentation, speakers, letters, etc., the applicant deems necessary. Visual aid such as video presentations, slide shows and oversized visual displays can be accommodated with adequate notification of staff. If the applicant does not appear at the Planning and Zoning Commission public hearing in person or by representative with written authorization of the owner, the Planning and Zoning Commission will automatically recommend denial of the application.
D.
In cases where the Planning and Zoning Commission recommends the approval of an application, the Board of Aldermen will summarily deny the application if:
E.
In cases where the Planning and Zoning Commission recommends the denial of an application, the Board of Aldermen will summarily endorse denial of Planning and Zoning Commission unless:
1.
The applicant files in the City Hall office within seventy-two (72) hours (three (3) working days) following the Planning and Zoning Commission hearing a notice of appeal to the Planning and Zoning Commission stating grounds why the Planning and Zoning Commission recommendation for denial is in error; and
2.
The applicant appears before the Board of Aldermen in person or by representative with written authority of the owner.
Section 31-10 Application for building permit. [1]
[Ord. No. 738 § 27, 1-9-1961; Ord. No. 1603 § 6, 3-18-1991]
Unless exempted, no wall, structure, building or part thereof shall be built, erected, enlarged or altered within the corporate limits until an application for a building permit shall have been submitted to the City Administrator and a building permit issued by him in accordance with the provisions of Section 5-1 of the Centralia City Code.
Section 31-11 Certificate of occupancy - required; contents; records.
[Ord. No. 738 § 28, 1-9-1961; Ord. No. 1603 § 7, 3-18-1991]
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 a certificate of occupancy shall have been issued by the City Administrator or City Engineer.
The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this Chapter. A record of all certificates shall be kept on file in the office of the City Administrator or City Engineer, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected.
Section 31-12 Same - for building.
[Ord. No. 738 § 28, 1-9-1961]
Any certificate of occupancy for a new building or the alteration of an existing building shall be applied for, in writing, coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the City Administrator or City Engineer for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises, or any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
Section 31-13 Same - for land.
[Ord. No. 738 § 28, 1-9-1961]
Any certificate of occupancy for the use of vacant land or the change in the character of the use of land, as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten (10) days after the application has been made; provided such use is in conformity with the provisions of these regulations.
Section 31-14 Same - for nonconforming uses. [1]
[Ord. No. 738 § 28, 1-9-1961]
A certificate of occupancy shall be required for all nonconforming uses. Application for such certificate of occupancy for nonconforming uses shall be filed within twelve (12) months from January 9, 1961, accompanied by affidavits of proof that such nonconforming use was not established in violation of this Chapter.
Section 31-15 Completion, restoration, etc., of existing buildings. [1]
[Ord. No. 738 § 18, 1-9-1961]
Nothing contained in this Chapter shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, or plans for which are on file with the City Administrator or City Engineer on January 9, 1961, and the construction of which, in either case, shall have been diligently prosecuted within one (1) 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 building shall be completed according to such plans, as filed, within two (2) years from January 9, 1961.
Nothing in this Chapter shall prevent the restoration of a nonconforming building partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to January 9, 1961 or prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such destruction of such building, or part thereof, or prevent a change of such existing use under the limitations provided herein; provided, such building is not destroyed to the extent of more than seventy-five percent (75%) of its reasonable valuation, exclusive of foundations. This Chapter shall prevent the restoration of such nonconforming building so damaged for more than seventy-five percent (75%) 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 of such existing use under the limitations provided by this Chapter.
The provisions of this Chapter shall not apply to prevent the extension of any building existing in any district on January 9, 1961, to the height which the walls, foundation and framework or such existing building originally were intended, designed and constructed to carry; provided, that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within ten years from January 9, 1961.
Section 31-16 Group housing projects. [1]
[Ord. No. 738 § 19, 1-9-1961]
Private developers of group housing projects must submit their plans to the City Administrator or City Engineer for study. The Zoning Commission shall hold a public hearing and shall make recommendations to the Board of Adjustment for its consideration and determination. The developer shall pay the same fees as are required for applications for changes in zoning and for appeals.
The Board shall apply the requirements of this Chapter to the housing project as a whole, and to the project area as a whole, in such a manner as will insure substantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this Chapter in the district in which the proposed project is to be located.
In considering the project, the Board shall in no case authorize a use not permitted in the district in which the housing project is to be located; except, that buildings for administration and maintenance of the project may be included; nor a building height in excess of that permitted. The minimum distance between a building and a street line shall comply with the front yard requirements of the district. No point of any building shall be nearer than twenty (20) feet to an adjacent building; except, that ten (10) feet minimum clearance will be permitted where there is a corner to corner relationship; nor nearer than twenty-five (25) feet to any boundary line of the project. The Board may require such additional restrictions and safeguards as they deem necessary to fulfill the purposes and intent of this Chapter.
Ample open space shall be provided for recreational space, outdoor drying yards, arrangement of lawns, plating, etc., in addition to that required for off-street parking.
A permit for a group housing project shall be issued by the City upon approval of the project by the Board of Adjustment.
Section 31-17 Accessory uses. [1]
[Ord. No. 738 § 16, 1-9-1961; Ord. No. 1603 § 8, 3-18-1991]
A driveway or walk to provide access to premises in one (1) district shall not be permitted in a district with more restrictive requirements. Buildings, structures or uses which are accessory to the uses permitted in one (1) district shall not be permitted in a district with more restrictive requirements.
Section 31-18 Violations and penalties. [1]
[Ord. No. 738 § 30, 1-9-1961; Ord. No. 1603 § 9, 3-18-1991; Ord. No. 2028 § 1, 9-21-1998]
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, the City Administrator or City Engineer, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Such ordinances shall be enforced by the City Administrator or City Engineer, who are empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this Chapter.
The owner or general agent of a building or premises where a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where 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 committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment, in the discretion of the court. For second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment, in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).