[CC 1996 § 25-2; Ord. No. 891 § 25-102]
This Chapter is adopted pursuant to the authority granted to the City by Chapter 89, RSMo.; pursuant to the nuisance powers of the City; and pursuant to the police powers of the City.
[CC 1996 § 25-3; Ord. No. 891 § 25-103]
This Chapter shall be effective throughout the corporate limits of the City and on property owned by the City outside the corporate limits of the City. Nothing herein shall be construed to preclude the City from adopting and enforcing extraterritorial zoning, planning, subdivision and building regulations.
[CC 1996 § 25-4; Ord. No. 891, § 25-104]
A.
The purpose of this Chapter is to regulate and control the development of land and matters relating thereto within the City in order to promote the public safety, health, and general welfare of the community and to implement the Comprehensive Plan as now in effect and as it may be amended from time to time. The purposes of this Chapter include:
1.
The provision of adequate light, clean air and safety from fire and other dangers;
2.
The conservation of the taxable value of land and buildings throughout the municipality;
3.
The reduction of congestion in the public streets;
4.
The reduction of the hazards to persons and damage to property resulting from the accumulation or runoff of stormwater or floodwater;
5.
The division of the City into zones or districts that restrict and regulate the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land for residence, business, manufacturing, and other specified uses;
6.
The enactment of a strong and positive civic image and identity, based on a high quality living and working environment, an attractive physical setting and responsive City services and programs;
7.
The provision of a living environment that supports the local population, is adaptable to market demands for diverse types and styles of residential living, accommodates future growth, is affordable for all segments of the population, and maintains and improves the overall quality and character of the City;
8.
The promotion of a system of quality retail, commercial and industrial development that provides local residents with needed goods and services and enhances the City's tax base;
9.
The provision of quality employment opportunities for all segments of the population;
10.
Limitation of congestion in the streets and protection of the public health, safety, convenience, and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;
11.
The provision of a balanced transportation system that provides for safe and efficient movement of vehicles and pedestrians while re-enforcing surrounding land development patterns and that enhances and complements regional transportation facilities;
12.
The provision of a park and open space system that satisfies the recreational and leisure needs of local residents preserves the natural environment and enhances the quality and character of the City;
13.
The provision of a balance between the natural and man-made environments that preserve and protect natural features while promoting development and redevelopment;
14.
The protection and preservation of existing properties and values from adverse or non-harmonious adjacent property uses;
15.
Protection against fire, explosion, noxious fumes, and other hazards, in the interest of the public health, safety, comfort and the general welfare;
16.
The provision of public facilities and services adequate to meet the needs generated for such facilities and services by development.
[CC 1996 § 25-5; Ord. No. 891 § 25-105]
A.
Cross-References. The use of structures and land within the City is subject to all other applicable provisions of the Cuba City Code as well as this Chapter, whether or not the other provisions of the Cuba City Code are specifically cross-referenced in this Chapter. Cross-references to other provisions of the Code in this Chapter are for the convenience of the reader, and lack of a cross-reference should not be construed as an indication that other provisions of the Cuba City Code do not apply.
B.
Chapter Provides Minimum Requirements. The provisions of this Chapter are the minimum requirements necessary for the promotion of public health, safety or the general welfare. Whenever this Chapter requires greater restrictions than are required pursuant to any other statute or local regulation, this Chapter shall govern.
[CC 1996 § 25-6; Ord. No. 891 § 25-106]
This Chapter is intended to implement the planning policies adopted for the City as reflected in the Comprehensive Plan, as amended, and other planning documents.
[CC 1996 § 25-7; Ord. No. 891 § 25-107]
A.
Grandfather Clause. No lawful use, existing on the effective date of this Chapter, shall be affected by these regulations.
B.
Previously Existing Regulations. Those regulations in effect immediately prior to the effective date of this Chapter shall be referred to in this Section as the "previously existing regulations." This Chapter 400 shall be referred to as "these regulations."
C.
Applicable Regulations. Applications covered by this Chapter that are deemed complete on the effective date of this Chapter, pursuant to the requirements of Section 400.300, shall be processed and considered in accordance with the previously existing regulations, including, but not limited to, provisions related to the period during which approvals shall remain valid, abandonment, revocation and non-conformities. All other application submittals covered by this Chapter shall be processed and considered in accordance with these regulations.
[CC 1996 § 25-8; Ord. No. 891 § 25-108]
The provisions of this Chapter are not intended to affect any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. Where the provisions of this Chapter are more restrictive or impose higher standards than a private restriction, the requirements of this Chapter shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this Chapter, the private restrictions shall control, if properly enforced by a person having the legal right to enforce the restrictions. Private restrictions shall not be enforced by the City.
[CC 1996 § 25-9; Ord. No. 891 § 25-109]
A.
Authority. The Governing Body, by resolution, may direct the Zoning Officer, City Attorney or other appropriate City staff, not to initiate or to continue the processing of any development application authorized by this Chapter; provided, that the Governing Body has previously directed or simultaneously directs City staff to prepare, or obtain consultant assistance in the preparation of, Chapter text amendments contemplated by Article IV of this Chapter, or planning policies.
B.
Procedure. The Governing Body, in the resolution, shall establish the types and nature of development applications with respect to which processing shall be delayed. This decision shall be based upon the likelihood that the proposed Chapter text amendment or planning policy may have an impact on the content and submission requirements and/or consideration of a certain type and/or nature of development applications. The resolution may delay the processing of certain types or nature of, or all, development applications within the entire City or a defined geographic area of the City, if it determines that development applications related to property within the defined geographic area covered by the resolution will be impacted by the proposed Chapter text amendment or planning policy.
C.
Effective Period. The resolution shall establish a reasonable period of time within which processing of development applications shall be delayed or discontinued. The period of time set shall not exceed one (1) year from the date of adoption of the resolution; provided, that in no event shall the period set extend beyond the date upon which the Governing Body makes a final decision in its consideration of the Chapter text amendment or planning policy that it has directed City staff to prepare. If the Governing Body determines that a good faith effort is being made to prepare and make a final decision on the Chapter text amendment or planning policy, but that no final decision has been made, it may extend the period of time set in the initial resolution for an additional period, not to exceed one (1) year.
D.
Purpose. It is the intent of this Section to preserve the status quo while consideration is given to a Chapter text amendment or planning policy, and to prevent the establishment of a new non-conforming situation that will undermine the effect of the Chapter text amendment or planning policy before it is adopted.
[CC 1996 § 25-10; Ord. No. 891 § 25-110]
A.
No structure shall be erected, constructed, reconstructed, moved or altered, nor shall any structure or land be used for any purpose except in accordance with the provision of this Chapter and other relevant provisions of the Cuba City Code.
B.
The density and yard requirements of this Chapter are the minimum regulation for each and every structure constructed or altered after the effective date of this Chapter. No land required for yards or other open spaces around an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one (1) building.
[CC 1996 § 25-11; Ord. No. 891 § 25-111; Ord. No. 899 § 1; Ord. No. 1017 § 1]
As a condition of the annexation of any land to the City, all newly annexed land shall come into the City and be zoned as R-1. In the case of a voluntary annexation proposed by the owner of the land, if the owner states in the petition for annexation presented to the City a request that the land come into the City zoned other than R-1, the petition for annexation shall be first submitted to the Cuba Planning Commission for consideration and recommendation pursuant to Article I of this Chapter.
[CC 1996 § 25-12; Ord. No. 891 § 25-113]
The provisions of this Chapter are hereby adopted and become effective on the 20th day of August, 2001.
[CC 1996 § 25-13; Ord. No. 891 § 25-114]
All violations under the previously existing regulations that exist within the City as of the effective date of this Chapter shall continue to be violations and shall not be considered to be legal, non-conforming situations under this Chapter. The City shall have the authority to secure civil remedies for violations of those regulations to the same extent that it may secure similar remedies for violations of this Chapter pursuant to Section 400.140.
[CC 1996 § 25-14; Ord. No. 891 § 25-115]
A.
Civil Citations. If the Zoning Officer determines that a violation of this Chapter or regulations made under its authority has occurred, he/she may issue the violator a civil citation which shall be prosecuted in accordance with this Section. The civil citation shall be issued to the violator by the Zoning Officer upon a uniform municipal infraction form provided by the clerk of the municipal court, which shall include a notice or summons to answer the charges against him/her within the time specified on the form for hearing before the municipal court. Upon issuance of a civil citation, the Zoning Officer shall provide a copy of the notice or summons to the clerk of the municipal court.
B.
Guilty Plea And Waiver Of Appearance. Any person issued a civil citation for a violation of this Chapter, for which payment of a fine may be made to the municipal court shall have the option of paying the fine in the sum and within the time specified in the civil citation upon entering a plea of guilty and waiving an appearance in court. Upon a plea of not guilty, any person charged with a violation shall be entitled to a trial as authorized by law. The payment of a fine to the municipal court shall be deemed an acknowledgment of conviction of the alleged offense and the court, upon accepting the fine, shall issue a receipt to the violator acknowledging payment.
C.
Election Of Payment Or Court Appearance. It shall be the duty of the municipal court to accept payment of a fine from any person issued a civil citation for a violation of this Chapter, and the violator shall have the option of paying the fine to the clerk of the municipal court within the time specified for hearing in the citation. The violator shall also have the election to appear before the judge of the municipal court for purposes of trial. Upon acceptance of the prescribed fine by the clerk of the municipal court, the violator shall be issued a receipt acknowledging payment.
D.
Fines For Violations. Violations of any provision of this Chapter are hereby declared to be public offenses and ordinance violations. Each day a violation occurs shall be deemed a separate violation. The owner, agent, lessee or tenant of a structure or premises where a violation has been committed or exists shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that the violation continues, but if the offense is willful, on conviction of the offense, 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 day that the violation continues or by imprisonment for ten (10) days for each and every day the violation continues or by both the fine and imprisonment, in the discretion of the court.
E.
Additional Civil Penalty. Any person who, having been served with an order to remove a violation, shall fail to comply with the order within ten (10) days after the service or shall continue to violate any provision of this Chapter in the same manner as stated in the order shall also be subject to a civil penalty of five hundred dollars ($500.00).
F.
Civil Lawsuits. The City shall have the authority to maintain civil suits in any court of competent jurisdiction for the purpose of enforcing the provisions of this Chapter and to abate nuisances. In the event that any structure is or is proposed to be erected, constructed, altered, converted or maintained in violation of this Chapter, or any structure or land is proposed to be used in violation of this Chapter, the City Attorney or other appropriate authority of the City may, in addition to any other remedies, institute injunction, mandamus or any other appropriate actions or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. Attorneys' fees for the prosecution of any civil lawsuit pursuant to this Section shall be assessed against the person committing the violation where not prohibited by law.
G.
Stop-Work Order.
1.
Issuance. In addition to other measures available to cause corrective action or to restrain work upon or occupancy of any premises contrary to the provisions of this Chapter, or in a manner contrary to the terms and conditions under which a permit or certificate was issued under this Chapter, without need of issuance of a Notice of Violation or Correction Order, the Zoning Officer shall have the power and authority to order all work stopped upon the structure or premises where the violation or other objectionable condition shall occur. Upon the issuance of an order to stop work, the work shall be immediately stopped by all persons involved. This stop-work order shall be issued in writing and shall be presented (i) to the owner of the property involved, or (ii) to the person doing the work or performing the occupancy. In the event the stop-work order is rejected or if no responsible person is present, the order shall be posted on the premises in a conspicuous place. The stop-work order shall state (i) the nature of the violation or objectionable condition, (ii) that no work shall proceed unless authorized by the Zoning Officer, and (iii) shall identify the premises.
2.
Observance Of Stop-Work Order. Each person who shall continue, or who shall cause to be continued, any work on the structure or premises having been subject to a stop-work order, except to correct or abate a violation or objectionable condition, shall be liable for a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00).
[CC 1996 § 25-15; Ord. No. 891 § 25-116]
It is the City's intention that the Sections, Subsections, paragraphs, sentences, clauses and phrases of this Chapter are severable, and if any Section, Subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, the unconstitutionality or invalidity shall not affect any of the remaining Sections, Subsections, paragraphs, sentences; clauses or phrases of this Chapter. The Governing Body hereby declares that it would have passed the ordinance which adopted this Chapter and each Article, Section, Subsection, sentence, clause and phrase hereof irrespective of the fact that anyone or more other Articles, Sections, Subsections, sentences, clauses and phrases be declared unconstitutional.
[CC 1996 § 25-16; Ord. No. 891 § 25-117]
Unless otherwise specifically provided, the time within which an act is to be completed is based upon calendar days. All acts must be completed within the timeframe specified, subject to extension periods specifically provided for in this Chapter.
[CC 1996 § 25-17; Ord. No. 891 § 25-118]
A.
Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for all applications covered by this Chapter. The amount of the administrative fees charged shall be as established by the City.
B.
Fees established in accordance with this Section shall be paid upon submission of a signed application or notice of appeal.
[CC 1996 § 25-18]
A.
Fees For Annexation Request. The City Clerk of the City of Cuba, Missouri, shall collect a sum of one hundred dollars ($100.00) from any individual or entity petitioning the City of Cuba, Missouri, to annex lands into the City.
B.
Fees For Zoning Request. The City Clerk of the City of Cuba, Missouri, shall collect the sum of one hundred dollars ($100.00) from any individual or entity petitioning the City of Cuba, Missouri, to rezone land or request for zoning variance within the City limits.
[Ord. No. 962 § 1]
C.
D.
Refund Of Fees. Any fees collected by the City Clerk not disbursed as provided in Subsection (C) above shall be refunded to the individual or entity charged said fee within thirty (30) days of the vote of the Board of Aldermen regarding the request for zoning or annexation or vote of the Board of Adjustment regarding a zoning variance.
E.
City Clerk Not To Publish. The City Clerk shall not cause to be published any notice of hearing unless the fees for said request have been received in full.
F.
Exception. No exception from this Section shall be granted except with prior written approval upon vote of the Board of Aldermen.
G.
Fees For Building Permit. The Building Inspector will grant a permit at two dollars ($2.00) per one thousand dollars ($1,000.00) valuation.
[Ord. No. 891 § 25-118; Ord. No. 962 § 1]
[CC 1996 § 1-21; Ord. No. 2 § 1]
The Mayor and the Board of Aldermen of the City, with the consent of a majority of the legal voters of the City voting at an election therefore, shall have power to extend the limits of the City over territory adjacent thereto, and to diminish the limits of the City by excluding territory therefrom, and shall, in every case, have power, with the consent of the legal voters as aforesaid, to extend or diminish the City limits in such manner as in their judgment and discretion may redound to the benefits of the City.
[CC 1996 § 1-22; Ord. No. 650 §§ 1 — 2]
A.
The owner or owners of record of unincorporated land which is contiguous and compact to the City of Cuba, Missouri, may request that such land be annexed into the City by filing a verified petition with the Board of Aldermen of the City of Cuba, Missouri which contains a written request for annexation signed by all record owners of the land sought to be included within the City limits.
B.
Procedure:
1.
Upon receipt of a verified petition for annexation, the Board of Aldermen of the City of Cuba, Missouri, shall hold a public hearing not less than fourteen (14), nor more than sixty (60), days thereafter, and not less than seven (7) days after notice of the hearing is published in a newspaper of general circulation qualified to publish legal matters.
2.
If no written objection is filed by two percent (2%) of the voters of the City of Cuba, or two (2) qualified voters in the area to be annexed [if such area contains two (2) qualified voters] within fourteen (14) days of the public hearing, then the annexation may be approved by an ordinance duly passed by the Board of Aldermen of the City of Cuba, Missouri.
3.
If the verified petition presented to the Board of Aldermen of the City of Cuba, Missouri specifies that the land to be annexed, or a portion thereof, will, in the future, be used in a manner inconsistent with "the zoning ordinance of the City of Cuba, Missouri," then the petition must first be submitted to the "Cuba Planning Commission" for their review as required under Chapter 25 of the 1996 Revised Ordinances of the City of Cuba, Missouri,[1] and further action on the petition for annexation shall be withheld until the request is approved by the Cuba Planning Commission or the Board of Aldermen of the City of Cuba, Missouri, as required by this Chapter. Upon approval, the petition for annexation shall proceed as a voluntary petition for annexation as outlined in Subsection (B)(1) and (2) of this Section. If the request is not approved the petition shall be deemed to be withdrawn.