Section 103-171 Ord. 17229; Amending Chapter 29 RE: Halfway Houses, Tree Trimming and Related Services, and Modifying Language Pertaining to Communication Antennas and Towers


Ordinance No.           17229               Council Bill No.            B 91-02A           

AN ORDINANCE

amending Chapter 29 of the City Code to add halfway houses as permitted uses in zoning districts O-P and C-P, to add tree trimming and related services as permitted uses in zoning districts C-3 and M-C and to modify the language pertaining to communication antennas and towers in the sections on conditional uses in zoning districts O-P and C-P; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
    
    SECTION 1.  Chapter 29 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:
    Material to be deleted in strikeout; material to be added underlined.

Sec. 29-13.1. District O-P, planned office district.

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(b)     Permitted uses. In district O-P, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered except for one or more of the uses allowed by the ordinance placing the property in District O-P (for exceptions, see section 29-28, Nonconforming Uses, and section 29-31, Board of Adjustment). The commission shall recommend and the council, at the time of rezoning, shall designate the use or uses allowed for the applicant's property from the following uses:
. . .

Halfway houses for not more than fifteen (15) occupants, provided that the council finds that the proposed use would not be detrimental to the public interest considering the size and character of the proposed facility and its proximity to schools, churches, mosques, synagogues, single-family residences and other halfway houses.  (Property zoned O-P before March 18, 2002, the date on which this use was added to this section, may not be used for a halfway house unless the council passes an ordinance changing the permitted uses of the property to include halfway houses.)

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(c)     Conditional uses. Except as provided in section 29-21.3, there shall be no conditional uses in district O-P and the board of adjustment shall have no power to grant any conditional use permit for any property in district O-P.  The following uses shall be permitted in district O-P only after the issuance of a conditional use permit pursuant to the provisions of section 29-23:

Communication antennas and towers, subject to the provisions of section 29-21.3.

. . .

Sec. 29-16. District C-3, general business district.

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(b)     Permitted Uses. In district C-3, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered except for one or more of the following uses (for exceptions, see section 29-28, Non-Conforming Uses, and section 29-31, Board of Adjustment):

. . .

Tree trimming and removal services.

Customary accessory uses, including drive-up facilities, subject to the provisions of section 29-23.

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Sec. 29-17. District C-P, planned business district.

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(b)     Permitted Uses. In district C-P, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the uses allowed by the ordinance placing the property in district C-P (for exceptions, see section 29-28, Nonconforming Uses, and section 29-31, Board of Adjustment). The commission shall recommend and the council, at the time of rezoning, shall designate the use or uses allowed for the applicant's property from the following uses:

. . .

Halfway houses for not more than fifteen (15) occupants, provided that the council finds that the proposed use would not be detrimental to the public interest considering the size and character of the proposed facility and its proximity to schools, churches, mosques, synagogues, residences,  other halfway houses and halfway houses for young offenders for not more than forty (40) occupants. (Property zoned C-P before March 18, 2002, the date on which this use was added to this section, may not be used for a halfway house unless the council passes an ordinance changing the permitted uses of the property to include halfway houses).
 
    Halfway houses for young offenders for not more than forty (40)  occupants, provided that the council finds that the proposed use would not be detrimental to the public interest considering the size and character of the proposed facility and its proximity to schools, churches, mosques, synagogues, residences, halfway houses and other halfway houses for young offenders.  (Property zoned C-P before March 18, 2002, the date on which this use was added to this section, may not be used for a halfway house for young offenders unless the council passes an ordinance changing the permitted uses of the property to include halfway houses for young offenders).

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(c)     Conditional Uses. Except as provided in section 29-21.3, there shall be no conditional uses in district C-P and the board of adjustment shall have no power to grant any conditional use permit for any property in district C-P.  The following uses shall be permitted in district C-P only after the issuance of a conditional use permit pursuant to the provisions of section 29-23:
Communication antennas and towers, subject to the provisions of section 29-21.3.

. . .

Sec. 29-19. District M-C, controlled industrial district.

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(b)     Permitted Uses. In district M-C, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses, provided such use shall be conducted entirely within an enclosed building, except that exterior storage may be allowed as herein provided:

. . .

Structures and uses clearly accessory and necessary to the normal operation of the above uses.

Tree trimming and removal services provided that all related service vehicles shall be screened in accordance with paragraph (e)(2)(c) of this section.

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    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 18th day of March, 2002.