[Ord. No. 2470, 11-13-2018]
A.
Public Hearing. The Planning Commission shall hold a public hearing
on each proposed amendment that is referred to, filed with or initiated
by it. The Planning Commission shall select a reasonable hour and
place for such public hearing and it shall hold such hearing on the
next regular meeting for which a public hearing may be scheduled from
the date on which the proposed amendment is referred to, filed with
or initiated by it. The Chairman may schedule special meetings from
time to time with approval of the City Administrator.
1.
Applications For Either An Amendment Or A Conditional Use Permit.
Are provided in the office of Community Development and must include:
a.
Plan showing existing and proposed building locations, parking
areas, location and type of outdoor lighting, interior drives, and
landscaped buffer strips.
b.
Topography and existing utilities, abutting the streets, alleys
or easements, and the square footage of land within the plot.
c.
Proof of ownership.
B.
Notice Of Hearing. Public notice of a hearing on a proposed amendment
shall be published by the City once in an official newspaper and at
least fifteen (15) days shall elapse between the date of the publication
and the date set for such hearing. Such notice shall state the date,
time and place of the hearing and shall contain a statement regarding
the proposed change in regulations or restrictions or the zoning classification
or zoning district boundaries of any property or the boundaries of
any zoning district, such notice shall contain the legal description
and street address or general street location of such property, its
present zoning classification and the proposed classification. When
a proposed amendment will affect the zoning classification of specific
property, the City shall mail a written notice of the public hearing
thereon containing the same information as the published notice thereof
to the owner or owners of the property affected and to the owners
of all property within one hundred eighty-five (185) feet of the boundaries
thereof at least fifteen (15) days prior to the date of such hearing.
The Planning Commission may give such additional notice to other persons,
as it may from time to time provide for by its rules. Failure to send
written notice shall not invalidate any action taken on the application.
C.
Conduct Of Hearing. The hearing shall be conducted and a record of
the proceedings shall be preserved in such manner and according to
such procedures as the Planning Commission may from time to time prescribe
by rule. Any interested person or party may appear and be heard at
the hearing in person, by agent or by attorney. The Planning Commission
may request a report on any person, firm or corporation. If such a
report is made, a copy thereof shall be made available to the applicant
and any other interested persons and shall be available for review
in the offices of Community Development at least three (3) days before
the date set for the public hearing.
[Ord. No. 2470, 11-13-2018]
A.
Recommendations. Upon the conclusion of the public hearing, the Planning
Commission shall prepare and adopt its recommendations and shall submit
the same, together with a record of the hearing thereon, to the City
Council. Said recommendation may be for approval, disapproval or approval
in part and reasons for the recommendation shall be included.
B.
Amendments To The Text. When a proposed amendment would result in
a change in the text of these regulations but would not result in
a change of zoning classification of any specific property, the recommendation
of the Planning Commission shall contain a statement as to the nature
and effect of such proposed amendment and determinations as to the
following items:
1.
Whether such change is consistent with the intent and purpose
of these regulations;
2.
Which areas are most likely to be directly affected by such
change and in what way they will be affected; and
3.
Whether the proposed amendment is made necessary because of
changed or changing conditions in the areas and zoning districts affected
or in the area of jurisdiction of such changed or changing conditions.
C.
Amendments Of Zoning District Classifications. When a proposed amendment
would result in a change in zoning classification of any specific
property, the Planning Commission shall make findings of fact on the
extent to which the application is found to be compatible with the
following:
1.
Character of the neighborhood.
2.
Consistency with the City's Comprehensive Plan and ordinances.
3.
Adequacy of public utilities and other needed public services.
4.
Suitability of the uses to which the property has been restricted
under its existing zoning.
5.
Compatibility of the proposed district classification with nearby
properties.
6.
The extent to which the zoning amendment may detrimentally affect
nearby property.
7.
Whether the proposed amendment provides a disproportionately
great loss to the individual landowners nearby relative to the public
gain.
[Ord. No. 2470, 11-13-2018]
A.
Adoption Of Amendments. The City Council shall consider the request
at their next regular meeting after hearing conducted by the Planning
Commission. Upon receipt of the recommendation of the Planning Commission
and any protest petitions that have been submitted, the City Council
shall consider the application and may approve the recommendations
of the Planning Commission or take whatever action it deems necessary.
B.
Protest. If a written protest against a proposed amendment shall
be filed in the office of the City Clerk within seven (7) days after
the date of the action by the Planning Commission on a proposed amendment,
which protest is 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 eighty-five
(185) feet distant from the boundaries of the district proposed to
be changed, then such proposed amendment shall not be passed except
by a two-thirds (2/3) vote of the City Council.
C.
Approved Action. If the City Council approves an application, it
shall adopt an ordinance to that effect. If the official Zoning Map
has been adopted by reference, the amending ordinance shall define
the change or boundary as amended, shall order the official Zoning
Map to be changed to reflect such amendment and shall amend the Section
of the ordinance incorporating the same and shall reincorporate such
map as amended.
[Ord. No. 2470, 11-13-2018]
A.
Purpose. The development and administration of the Zoning Regulations
is based on the division of the City into districts, within any one
(1) of which the use of land and buildings and the bulk and location
of buildings or structures, as related to land, are essentially uniform.
It is recognized, however, that there are special uses which, because
of unique character, cannot be properly classified in any particular
district or districts without consideration, in each case of the impact
of those uses upon neighboring lands and upon the public need for
the particular use or the particular location.
B.
Procedure. The consideration of a conditional use permit application
shall be handled in the same manner as a zoning amendment regarding
the requirement for public hearing, notices, protests and action by
the Planning Commission and City Council.
1.
Authorization. Conditional use may be authorized only by the
City Council, provided that no application for a conditional use shall
be acted upon by the City Council until after a public hearing is
scheduled and notice posted and thereafter held by the Planning and
Zoning Commission, and its finding and recommendations are reported
to the City Council.
2.
Application. An application for conditional use shall be filed
with the Community Development Director. Such application shall proceed
in the manner prescribed herein for amendments to this Chapter.
On receipt of an application for a conditional use, the Community
Development Director shall forward copies of the application and accompanying
information to affected public or governmental agencies and the Planning
Commission. The Planning Commission shall request and consider reports
from such public or governmental agencies before determination. Within
sixty (60) days after the receipt of the application, the Planning
Commission shall submit a report and determination to the Community
Development Director, which shall include a finding that the use will
or will not be based on the following conditions where applicable:
C.
Minimum Requirements. A conditional use permit shall not be granted
unless specific written findings of fact directly upon the particular
evidence presented support the following conclusions:
1.
The proposed conditional use complies with all applicable provisions
of these regulations, including intensity of use regulations, yard
regulations and use limitations.
2.
The proposed conditional use at the specified location will
not be detrimental to, and may contribute to the welfare or convenience
of the public.
3.
The proposed conditional use will not cause substantial injury
to the value of other property in the neighborhood in which it is
to be located.
4.
The location and size of the conditional use, the nature and
intensity of the operation involved in or conducted in connection
with it and the location of the site with respect to streets giving
access to it are such that the conditional use will not dominate the
immediate neighborhood so as to prevent development and use of neighboring
property in accordance with the applicable zoning district regulations.
In determining whether the conditional use will so dominate the immediate
neighborhood, consideration shall be given to:
5.
Off-street parking and loading areas will be provided in accordance
with the standards set forth in these regulations and such areas will
be screened from adjoining residential uses and located so as to protect
such residential uses from any injurious effect.
6.
Adequate utility, drainage and other such necessary facilities
have been or will be provided.
7.
Adequate access roads or entrance and exit drives will be provided
and shall be so designed to prevent traffic hazards and to minimize
traffic congestion in public streets and alleys.
D.
Conditions. The Planning and Zoning Commission may recommend and
the City Council may provide such conditions and restrictions upon
the construction, location, and operation of a conditional use including
time limit, provision for off-street parking and loading and other
conditions as may be deemed necessary to promote the general objectives
of this Chapter and to minimize any injury to the value of property
in the neighborhood. Failure to maintain such conditions or restrictions
as may have been imposed shall constitute grounds for revocation of
the permit for such Conditional Use.
[Ord. No. 2470, 11-13-2018]
A.
There is hereby established the office of Community Development Department
also known as Planning and Zoning Department.
B.
The City Administrator shall appoint a person who is qualified through
education and experience to hold the position of Community Development
Director. The Community Development Director may hold another office
or position concurrently.
C.
The budget for the office of Community Development administration
and the salary for the Community Development Director shall be established
by the Governing Body in the same manner as for all other departments
and staff salaries.
D.
The Community Development Director shall be responsible for the issuance
of all permits required by these zoning regulations unless otherwise
specified.
E.
It shall be the duty of the Community Development Director to enforce
the provisions of this Chapter and to refuse to issue any permit for
any building or structure or for the use of any premises which would
violate any of the provisions hereof, and to cause any building, structure,
place or premises to be inspected and examined, and to order in writing
the remedying of any conditions found to exist therein or thereat
in violation of any provision of this Chapter. Said Community Development
Director is hereby authorized and directed to institute an appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use, to restrain,
correct or abate such violation, and to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct,
business or use in or about such premises.
F.
The Community Development Director shall act as an agent of the Planning
Commission in the receipt of all requests, application or communications
and shall provide review reports to said Planning Commission as requested.
The Community Development Director shall also act on behalf of the
Planning Commission in the presentation of Planning Commission recommendations
to the Governing Body, wherever such action is necessary and for such
purposes shall be considered as staff for the Planning Commission.
[Ord. No. 2470, 11-13-2018]
In interpreting and applying the provisions of this Chapter,
these requirements shall be held to be the minimum requirements for
the promotion of the health, safety, morals or general welfare. It
is not intended by this Chapter to repeal, abrogate, annul or in any
way to impair or interfere with any existing provisions of law or
ordinance or any rules or regulations previously adopted pursuant
to law relating to the use of buildings or premises, and not in conflict
with any of the provisions of this Chapter, nor is it intended by
this Chapter to interfere with or abrogate or annul any easements
or restrictions between parties; provided, however, that where these
regulations impose a greater restriction upon the use of buildings
or premises than are imposed by such existing provisions of law or
easements, covenants or agreements, the provisions of this Chapter
shall control.
[Ord. No. 2470, 11-13-2018]
A.
No permit for the erection, construction, reconstruction, alteration,
conversion, maintenance or use of any building or the use of any premises
shall be issued by the Community Development Director unless there
first shall be filed in its office by the applicant therefor a plan
in duplicate, drawn to scale, correctly showing the location and actual
dimensions of the lots to be occupied, the dimensions and location
on the building to be erected, constructed, reconstructed, altered,
converted, maintained or used, with measurements in feet and inches
from all lot lines to all foundation lines of the building, together
with a true statement, in writing, signed by the applicant, showing
the use for which such building or premises is arranged, intended
or designed, and the location and dimensions of all accessory buildings
or structures, and no permit shall be issued unless such plan shall
show in all details that such a building or structure is to be erected,
constructed, reconstructed, altered, converted, maintained or used,
and such premises are to be used in conformity with all the provisions
of this Chapter. A record of such applications and plans shall be
kept in the office of the Community Development Director. Failure
of any applicant or of his/her agents, servants or employees to erect,
construct, reconstruct, alter, convert, maintain or use any buildings,
structures or premises in conformance with such plans on which such
permit is issued, when such failure constitutes a violation of any
provisions of these regulations, shall render such permit void, and
the Community Development Director is hereby authorized and directed
to revoke any such permit by giving written notice to the applicant
or his/her agents, servants or employees and all work upon such buildings,
structures or premises shall be immediately discontinued on the serving
of such notice until such buildings, structures or premises shall
be changed so as to comply with such plans and permit.
B.
If the Community Development Director refuses to issue same, he/she
shall state in writing his/her reasons for such refusal and furnish
applicant with a copy thereof.
[Ord. No. 2470, 11-13-2018]
A.
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 Community Development Director.
B.
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 these regulations.
A record of all certificates shall be kept on file in the office of
the Community Development Director, and copies shall be furnished
on request to any person having a proprietary or tenancy interest
in the building affected.
C.
No permit for excavation for any building shall be issued before
application has been made for certificate of occupancy.
D.
Certificate Of Occupancy For A Building. Certificate of occupancy
shall be requested for a new building or the alteration of an existing
building. Pending the issuance of a regular certificate, a temporary
certificate of occupancy may be issued 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 certificates
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.
E.
Certificate Of Occupancy For Land. 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, provided such use is in conformity with the provisions
of this Chapter.
F.
Certificate Of Occupancy For A Non-Conforming Use. A certificate
of occupancy shall be required for all non-conforming uses.
[Ord. No. 2470, 11-13-2018]
A.
The Governing Body may, from time to time on its own motion or on
petition after public notice and hearings thereon, as provided herein,
amend, supplement, change modify or repeal the regulations and restrictions
as established herein. Before taking any action upon any proposed
amendment, modification, change, restriction or extension, the same
shall be referred by the Governing Body to the Planning Commission
for report and recommendation. In case of a protest against such amendment,
change, modification or repeal, a written protest against a proposed
amendment shall be filed in the office of the City Clerk within seven
(7) working days after the date of the conclusion of the public hearing
on a proposed amendment, which protest is duly signed and acknowledged
by the owners of thirty percent (30%) or more, either 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
eighty-five (185) feet distant from the boundaries of the district
proposed to be changed, such amendment shall not be passed except
by the favorable vote of three-fourths (3/4) of all the members of
the Governing Body.
B.
No actions 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 a paper of general circulation.
[Ord. No. 2470, 11-13-2018]
In case any Section, clause, sentence or paragraph or part of
this Chapter shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, such invalidity shall not affect, impair
or invalidate the remainder of this Chapter.
[Ord. No. 2470, 11-13-2018]
A.
All parts of any ordinance of the City passed in conflict herewith,
and any other ordinance or parts of any other ordinances in conflict
with provisions of this Chapter, are hereby repealed.
B.
It being necessary for the immediate preservation of the public peace,
health and safety of the employees and citizens of the City of Richmond,
Missouri, that the provision of this Chapter shall take effect at
once, an emergency is hereby declared to exist and this Chapter shall
be in full force and effect from and after its passage and approval.
