[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]
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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]
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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.
[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:
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District "R-1"
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One-Family Dwelling District.
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District "R-2"
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Two-Family Dwelling District.
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District "R-3"
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Multiple-Family Dwelling District.
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District "B-1"
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Central Business District.
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District "B-2"
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Highway Business District.
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District "M-1"
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Industrial District.
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District "B-P"
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Planned Business District.
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District "B-T"
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Planned Trailer Court District.
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District "M-H"
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Manufactured Home Subdivision District.
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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:
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District “R-2-PD”
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Planned Two-Family Dwelling District
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District “R-3-PD”
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Planned Multiple-Family Dwelling District
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[1]
State Law Reference — Authorizing such districts, and
regulation and restriction of buildings, etc., therein, see RSMo.,
§ 89.030.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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).
