Section 110-164; Ord. 20238; Amending Chapter 29 of the City Code as it relates to allowing funeral homes and mortuaries as a permitted or conditional use in zoning Districts O-1 and O-P


Ordinance No. 20238                            Council Bill No. B 80-09

     AN ORDINANCE

amending Chapter 29 of the City Code as it relates to allowing funeral homes and mortuaries as a permitted or conditional use in zoning Districts O-1 and O-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. 29-12. District O-1, office district.

    (a)      Purpose. This district is intended to provide for professional, administrative, or other offices and related uses primarily. It may serve as a buffer area between residential and more intense nonresidential uses.

. . .

    (c)      Conditional Uses. The following uses shall be permitted in district O-1 only after the issuance of a conditional use permit pursuant to the provisions of section 29-23:

Buildings and premises for public utility services or public service corporations, whose buildings or uses the board deems reasonably necessary for public convenience or welfare.

Drive-up facilities incidental to any permitted uses.

Funeral homes, with or without a mortuary, provided that:

(a)    Such use shall be conducted within a fully enclosed legally permitted structure.

(b)    Such use shall have fee-simple ownership of the required parking spaces to meet the requirements of section 29-30 (off-street parking and loading) for the intended use.  The use of shared parking shall be prohibited, unless approved by the board of adjustment after consideration of the required documentation stated in section 29-30(e).

(c)    No outside storage or display of equipment or merchandise used or customarily sold in conjunction with such use shall be permitted.

(d)     No cremation of the deceased shall be permitted on-site.

(e)     The operator of such use shall be licensed by the State of Missouri, as required.

. . .

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:

. . .

    (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:

One or more of the permitted uses in district R-3 (subject to the height and area regulations of district R-3).

. . .

Drive-up facilities incidental to any permitted uses.

Funeral homes, with or without a mortuary.

. . .

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

    PASSED this 20th day of April, 2009.