Section 110-048; Ord. 20181; Amending Chapter 29 of the City Code as it relates to zoning procedures


Ordinance No. 20181                            Council Bill No. B 20-09 A

     AN ORDINANCE

amending Chapter 29 of the City Code as it relates to zoning procedures; 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. 29-4. District map adopted.

    (a)     The boundaries of the districts as enumerated in section 29-3 of this chapter are hereby established and adopted as shown on 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 director of public works 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 the existing street, alley or plotted lines, or extension of the same, and if the exact location of such line is not clear, it shall be determined by the director of public works, due consideration being given to location as indicated by the scale of the zoning district map.

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    (f)     A petitioner for annexation may request that the petitioner's property in the area proposed to be annexed be placed in one or more specified zoning districts upon annexation. Except as modified by this section, the procedures set forth in section 29-34(a) and (c) shall apply to such zoning requests. When a request for zoning has been made under this subsection, an the ordinance annexing the area shall not be passed until after the council hearing on the zoning request. The annexation ordinance shall establish the appropriate land use designation for the area to be annexed and shall place the area in one or more zoning districts. If the proposed annexation ordinance would place any property in the area to be annexed in a district other than that requested, the petition for annexation may be withdrawn at any time before passage of the ordinance.

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Sec. 29-10. District PUD, planned unit development.

    (a)      Purpose. The purpose of this district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land. The major objectives of a planned unit development are:

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    (e)      Procedure for Establishing PUD Zoning.

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    (4)    The council , after a public hearing, shall approve, approve with conditions, or disapprove the PUD zoning request. An ordinance placing property in district PUD shall specify the uses allowed. Prior to a vote on an ordinance placing property in district PUD that contains conditions, the applicant shall be given an opportunity to:

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    (f)      Procedure for Review and Approval of a PUD Development Plan.

     (1)    After the rezoning to PUD, the applicant shall submit a PUD development plan, which is in conformance with the ordinance approving the PUD zoning, for a public hearing by the commission. The procedures for application, review and public hearing on a PUD development plan shall be the same as for the rezoning except that a public hearing shall only be conducted by the commission and not the council. After the public hearing, the commission shall forward the PUD development plan to the council with its recommendations. The council shall take action to approve, approve with conditions, or disapprove the plan.

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    (8)    Changes, other than those considered minor by the director of planning and development, shall be submitted to the commission for a public hearing. The public hearing shall follow the same procedures outlined herein for a PUD development plan. After the public hearing, the commission may approve the revision to the PUD development plan. If, however, the change is considered by the commission to be a substantial deviation from the PUD development plan or the statement of intent, the commission shall forward the proposal to the council. The council , after a public hearing, shall approve, approve with conditions, or disapprove the proposed revision.

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Sec. 29-11. District RMH, residential manufactured home park district.

    (a)      Purpose. The purpose of this section is to establish standards for the development and operation of residential manufactured home parks. The standards are intended to provide for diverse housing opportunities while promoting neighborhood enhancement and minimizing conflicts with other zoning districts. A residential manufactured home park may provide sites (herein defined as manufactured home spaces) available for lease or rent; or the property may be subdivided in accordance with the requirements of this section and chapter 25.

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    (e)      Procedure for review and approval of an RMH plan.

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    (5)    The council , after a public hearing, may approve, approve conditionally, or deny the preliminary development plan. Approval of the preliminary development plan shall be in the form of an ordinance rezoning the property.

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

    (a)      Purpose. The purpose of this district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land. The major objectives of an O-P district are:

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    (e)      Procedure for Review and Approval of O-P Zoning.

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    (4)    The council , after a public hearing, shall approve, approve with conditions, or disapprove the O-P zoning request. An ordinance placing property in district O-P shall specify the uses allowed. Prior to a vote on an ordinance placing property in district O-P that contains conditions, the applicant shall be given an opportunity to:
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    (f)      Procedure for Review and Approval of an O-P Development Plan.

     (1)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall forward the development plan to the council with its recommendation. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove the plan.
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    (11)    Changes to a development plan approved after November 18, 1996, may be made to an approved O-P development plan subject to approval by the director of planning and development, provided that any such changes are within the limits set forth in the approved design parameters. Any proposed changes which exceed the limits of the design parameters shall be processed as a new O-P development plan with the required public hearings before the planning and zoning commission and city council.

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

    (a)      Purpose. The purpose of this district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land. The major objectives of a C-P district are:

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    (e)      Procedure for Review and Approval of C-P Zoning.

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    (5)    The council , after a public hearing, shall approve, approve with conditions, or disapprove the C-P zoning request. An ordinance placing property in district C-P shall specify the uses allowed. Prior to a vote on an ordinance placing property in district C-P that contains conditions, the applicant shall be given an opportunity to:

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    (f)      Procedure for Review and Approval of a C-P Development Plan.

     (1)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall forward the development plan to the council with its recommendation. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove the plan.

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    (11)    Changes to a development plan approved after November 18, 1996, may be made to an approved C-P development plan subject to approval by the director of planning and development, provided that any such changes are within the limits set forth in the approved statement of intent and design parameters. Any proposed changes which exceed the limits of the statement of intent or the design parameters shall be processed as a new C-P development plan with the required public hearings before the planning and zoning commission and city council.

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Sec. 29-18. District M-R, research, development and office park district.

    (a)      Purpose. The purpose of this M-R district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land The major objectives of an M-R district are:

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    (e)      Procedure for Review and Approval of M-R Zoning.

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    (4)    The council , after a public hearing, shall approve, approve with conditions, or disapprove the M-R zoning request. An ordinance placing property in district M-R shall specify the uses allowed. Prior to a vote on an ordinance placing property in district M-R that contains conditions, the applicant shall be given an opportunity to:

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    (f)      Procedure for Review and Approval of an M-R Development Plan.

     (1)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall take action on the plan. If the commission does not approve the development plan, the applicant may appeal the commission's decision to the council. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove the plan.

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Sec. 29-19.1. District M-P, Planned general industrial district.

    (a)      Purpose. The purpose of this M-P district is intended to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land. The major objectives of the M-P district are:

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    (e)      Procedure for Review and Approval of M-P Zoning and the Development Plan.

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    (4)    The council , after a public hearing, shall approve, approve with conditions, or disapprove the M-P zoning request. An ordinance placing property in district M-P shall specify the uses allowed. Prior to a vote on an ordinance placing property in district M-P that contains conditions, the applicant shall be given an opportunity to:

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    (f)      Procedure for Review and Approval of an M-P Development Plan.

     (1)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall forward the development plan to the council with its recommendation. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove the plan.
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    (g)      Simplified M-P Zoning. An application may be submitted for a simplified M-P district provided the application complies with the following conditions:

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    (3)    Changes may be made to an approved M-P development plan subject to approval by the director of planning and development, provided that any such changes are within the limits set forth in the approved design parameters. Any proposed changes which exceed the limits of the design parameters shall be processed as a new M-P development plan with the required public hearing before the planning and zoning commission and city council.

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Sec. 29-21.1 District UC, urban conservation overlay district.

    (a)      Purposes of the Urban Conservation District. The UC Urban Conservation District is intended to promote the health, safety, and general welfare of the public by encouraging the conservation and enhancement of the urban environment. The purposes of the district are:

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    (d)      Designation Procedure.

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    (3)    Upon the drafting of an ordinance of UC designation for an area, a public hearings shall be held and notice given to all owners of affected property in accordance with the requirements of this chapter.

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Sec. 29-33. Amendments.

The council may from time to time, on its own motion, or on petition, after public notice and hearings thereon as provided in this chapter, 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 council to the commission for public hearing, report and recommendation.
Sec. 29-34. Petitions for amendments.

    (a)      Procedure:

     (1)    Any person, firm or corporation, owning in fee simple real property within the city, may petition the council to amend, change, modify, supplement, or repeal the zoning district regulations and restrictions as established in this chapter pertaining to such real property; provided that such applicant shall specify the tract of land for which amendment, change, modification, supplement or restriction is sought, along with a specification of the zoning category which the applicant is seeking. No petition shall be presented, nor considered, which presents amendments, changes, modifications, supplements or restrictions to zoning categories in the alternative with respect to any lot, tract or parcel of land.
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             b.     Nothing herein shall be construed to limit the power of the council to itself amend any petition after compliance with applicable statutory notice provisions to vary the zoning classification requested or to amend the land area of the lot, tract, or parcel when such petition is before the council in the form of an ordinance to accomplish the petitioned for amendment, change, modification, supplement or restriction, or to grant the petition's requests in whole or in part; provided, that any such amendment shall be considered substantive.  The city council shall not rezone property to a classification less restrictive than the classification advertised and considered by the commission and shall not enlarge the area to be rezoned beyond the area advertised and considered by the commission.

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    (b)      Protest Against Amendment. If a protest against such change, as described in the preceding section, shall be presented, duly signed and acknowledged by the owners of thirty (30) per cent or more, either of the area of 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 affirmative vote of two-thirds of the members of the council then in office and not disqualified from voting under section 2-53.1. An abstention shall not be counted either for or against the amendment. In order to be valid, protest petitions must be filed with the city clerk no later than 5:00 p.m. noon on the Wednesday preceding before the council meeting at which hearing on the proposed amendment is scheduled to be considered for passage.

    (c)      Notice of Hearings Council action; consent agenda.

     (1)    The city manager may place a council bill that rezones property, approves a development plan or amends this chapter on the consent agenda when the following requirements are met:

         a.    The commission has recommended approval of the proposal with less than twenty-five percent (25%) of the commissioners present voting against the motion to approve.

         b.    The applicant agrees with the commission recommendation.

         c.    No protest petition has been timely filed with the city clerk.

         d.    The commission has not recommended that the proposal be considered under old business.

         Any such bill on the consent agenda shall be removed and placed under old business at the request of a council member or any other interested person.  The request must be made to the city clerk before noon on the Wednesday before the council meeting at which the council bill is scheduled to be considered for passage.  The city council may remove any such bill from the consent agenda and place it under old business at the council meeting at which the council bill is scheduled to be considered for passage.

No action on an amendment, change, modification or repeal shall be taken by the council 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 newspaper or newspaper of general circulation in the city.

    SECTION 2.    This ordinance shall be in full force and effect from and after March 1, 2009.

    PASSED this 2nd day of February, 2009.