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.
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.
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.
