HOLT — City leaders will vote in November to decide if the city’s residential zoning ordinance restrictions should be amended to not allow hauling, recycling and/or salvage businesses in areas zoned R-1.
City Clerk Casey Franke said the consideration to amend the ordinance came after a resident complained about a business located within a residential area along Missouri Highway 33.
“It’s an existing hauling, recycling and salvage business here, … people called and complained and are saying it’s becoming an eyesore,” she said.
Earlier this month, Franke reviewed current ordinances and provided aldermen with two options for language to consider that is expected to review by the city’s attorney ahead of the aldermanic vote in November.
Aldermen opted for shorter ordinance language that states ordinance No. 407 will be amended to include a use regulation for low-density residential districts as follows: “No hauling, recycling and/or salvage businesses shall be allowed within a residential district.”
In his summation of the language, Alderman Jerry Nicas said she liked the shorter language but also wanted to be sure the attorney drafted penalty language.
Franke said the penalties section of Holt city code address zoning violation penalties. According to the code, any violation is punishable by a fine up to $500 for each violation and each day’s violation constitutes a separate violation. If the ordinance is deemed willful in nature in court, in addition to the $500 per day fine, there could also be a jail term of up to 90 days or both.
“Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within 10 days after such service shall continue to violate any provisions of the regulations made under the authority of this section shall in the respect named in such order shall also be subject to a civil penalty of $500,” the city code states.