Moscow Mills City Zoning Code
ARTICLE X
Planning Administration
§ 46.690 Planning administration responsibilities.
A.
The Administrative Officer shall administer and enforce the provisions of this chapter. The Administrative Officer shall be any person designated as such by the Governing Body of the City. The powers and duties of the Administrative Officer shall be, but are not limited to, the following:
1.
Maintain permanent and current records pertaining to this chapter, including, but not limited to, all maps, amendments and variances.
2.
Forward to the Planning and Zoning, Commission all information and data necessary to perform their function under provisions of this chapter.
3.
Forward to the Board of Adjustment applications for variances, interpretive relief, or other matters on which the Board of Adjustment is required to act under this chapter.
4.
Initiate a review of the provisions of this chapter and the Zoning District Map at least every two years and make findings available to the Commission for their consideration.
5.
Enforce all provisions of this chapter and provide specific notification of violations. If violations are not abated in a reasonable time period, as specified, it is the Administrative Officer's responsibility to document the uncorrected violation and forward said document to the Municipal Court Clerk for further legal action.
6.
Review and verify for zoning compliance the usage associated with each application prior to issuance of a Business License.
§ 46.695 Amendments and changes.
A.
The Governing Body of the City may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the Districts created by this chapter, amend District boundary lines, provided that in all amendatory orders adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire City, and the uses to which property is devoted at the time of such amendatory order. In case, however, of a protest against such change duly signed and acknowledged by the owners of 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 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 2/3 of all the members of the Board of Aldermen.
B.
Amendments may be proposed by any citizen, organization or governmental body.
C.
This chapter shall be amended or changed in the following manner:
1.
Application for amendment, revision or change of any of the rules, regulations or provisions of the Zoning Code shall be made on application forms provided by the City Clerk. Each application shall be filed with the City Clerk and be accompanied by pertinent data as prescribed on the form and any additional information deemed necessary by the Planning and Zoning Commission.
2.
A fee shall be paid to the City for each application for an amendment to cover the costs of advertising, notification, and other administrative expenses. The fee shall be as established by Ordinance.
3.
Procedure.
a.
All such applications shall be set down for a hearing before the Planning and Zoning Commission not later than 60 days from the date of filing. Any such hearing may, for good cause at the request of the applicant or the discretion of the Commission be continued. Notice of time and place of the hearing shall be published at least 15 days prior to said hearing in the legal newspaper and a local newspaper, both of general circulation in the City of Moscow Mills.
b.
Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(1)
Relatedness of the proposed amendment goals and outlines of the Comprehensive Plan of the City.
(2)
Existing uses of property within the general area of the property in question.
(3)
The zoning classification of property within the general area of the property in question.
(4)
The suitability of the property in question to the uses permitted under the existing zoning classification.
(5)
The trend of development, if any, in the general area of the property in question, including charges, if any, which have taken place in its present zoning classification.
(6)
Rezoning should allow for reasonable use of the property in question.
c.
Upon final hearing of such application, the Commission shall approve or deny the same and a recommendation for final approval or denial shall be made in writing by the Commission to the Board of Aldermen.
d.
One letter shall be sent via regular mail by the City to landowners of record of all property located within 185 feet of the property subject to the proposed zoning amendment at least 15 days prior to the Planning and Zoning Commission Public Hearing. The City shall research the names and addresses of such landowners and shall be responsible for the mailing of the letters. Said letter shall include the notice of Public Hearing to be held before the Planning and Zoning Commission and Board of Aldermen stating the date, time and place and the reason for the Public Hearing.
e.
City initiated "down zonings" shall not be subject to the requirements of certified letter mailings or other notification by mail. Parcels which are the subject of "down zonings" shall be posted with a notice of Public Hearing.
f.
The property affected by the proposed zoning amendment shall be posted with a sign indicating the date and time of the Public Hearing. The sign shall be posted at least 15 days in advance of the Public Hearing. In addition, signs shall be posted near the entrances to all adjacent subdivisions and affected subdivisions near the subject site.
4.
Within 45 days of the Commission's hearing of said application, the Board of Aldermen shall hold a hearing. Notice of time and place of the hearing shall be published at least 15 days prior to said hearing in the legal newspaper and a local newspaper, both of general circulation in the City of Moscow Mills.
5.
The Board shall not act upon a proposed amendment to the Chapter until it shall have received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment.
6.
The Board of Aldermen may approve or deny the proposed amendment.
D.
An applicant having been denied by the Board of Aldermen cannot refile a similar petition for rezoning reconsideration for a period of 90 days following its denial by the Board.
§ 46.700 Special use permit.
A.
Intent and purpose. In this Zoning Code, the City has set forth Districts within which the use of land and structures and the hulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which because of their unique characteristics and features, cannot be classified in a particular District or Districts, without consideration, in each case, of the impact of such uses on the health, safety, morals and general welfare of the City. Such uses are therefore treated as special uses. A special use is not the automatic right of any applicant. The City of Moscow Mills reserves the full discretion to deny any such application which is detrimental to the health, safety, morals and general welfare of the inhabitants of the City or areas adjacent to the City.
B.
Authorization. Upon receipt of a recommendation from the Planning and Zoning Commission, the Board of Aldermen may, after a legal public notice and hearing, authorize the issuance of a Special Use Permit. In acting upon any application, the Board of Aldermen shall give due consideration to the standards and conditions as prescribed herein and shall grant such permits if it finds, in its judgment, that such action is in the best interest of the public health, safety, morals and welfare of the residents of the City of Moscow Mills, Missouri.
C.
Standards for special use permit approval.
1.
Before issuing a recommendation with respect to any application for Special Use Permit, the Planning and Zoning Commission shall, in each case, make specific written findings of fact based directly upon the particular evidence presented to it regarding the effect of such proposed buildings or use upon:
2.
In approving a Special Use Permit the Board of Aldermen may impose conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, the following:
a.
Requirement of front, side, or rear yards, greater than the minimum required by this chapter.
b.
Requirement of additional screening or landscaping of parking areas or other parts of the premises from adjoining premises or from the street, and deemed necessary by the Board.
c.
Place limitations on egress and ingress so as to minimize congestion on the local streets.
d.
Limitations of size, number of occupants, method or time of operation, or extent of facilities.
e.
Regulation of number, design, and location requirement of off-street parking or other special features beyond the minimum required by this or other applicable Codes or regulations.
D.
Filing application, review procedures and fees. The procedures for filing and review of any special use application shall be the same as those provided in "Planning Administration" section of this chapter with the following exceptions:
1.
An application for Special Use Permit can be filed only by the owner, or authorized agent, of the property in question.
2.
An application form for Special Use Permit must he obtained by the owner, or authorized agent, of the property in question.
a.
The fee shall be as established by Ordinance.
3.
Concept plan.
a.
In conjunction with an application for a Special Use Permit, a concept plan shall be submitted indicating the following:
(1)
Building(s) outline and floor area.
(2)
Parking areas and parking calculations.
(3)
Curb cuts and cross access with adjacent parcels, if applicable.
(4)
Site features including light standards, trash enclosures, fencing.
(5)
General location of landscaping.
(6)
Setback and appropriate yards.
(7)
Boundary of the subject property.
(8)
Adjacent or connecting streets and their names.
(9)
Other items as deemed necessary.
b.
A site plan in compliance with the provisions of this chapter may be submitted in lieu of a concept plan.
E.
Extension or alterations. Where an existing use which is permitted by Special Use Permit is proposed to be extended or substantially altered in a manner which would in any way change the character or intensity of the use, such proposed extension or substantial alteration shall be treated as a special use under this section.
F.
Period of validity.
1.
No Special Use Permit granted by the Board of Aldermen shall be valid for a period longer than 180 days from the date of granting of the Special Use Permit, unless within such period:
2.
The Board of Aldermen may, upon written request of the applicant, grant extensions not exceeding 180 days each, without notice of hearing.