Unless otherwise specifically stated by the city manager, the director of community development shall be considered the administrator of this chapter, and all regulations contained herein.

(Code 1990, § 30-201; Ord. No. 4109, art. 2, 3-1-2010)

(a)

Creation of commission. There is hereby created a planning and zoning commission which shall hereby be referenced as "the commission."

(b)

Composition, appointments, terms and qualification of commission. The commission shall consist of nine citizen members appointed and approved by the city council. Except as otherwise provided in section 2-125, members of the planning and zoning commission shall serve for terms of four years, beginning on November 2. All members' terms shall be staggered so that two members' terms expire each year, but every fourth year three members' terms shall expire.

(c)

Removal. The council may remove any citizen member for cause stated in writing and after public hearing.

(d)

Functions of commission. The commission shall have and perform all of the functions of the zoning commission provided for in RSMo. 89.010 to 89.250.

(e)

Procedure, officers, rules, records, employees; expenditures. The commission shall elect officers annually during the month of January, and from time to time provide such rules and regulations, not inconsistent with the ordinances of the city or the laws of the state, for its own organization and procedure as it may deem proper; provided, however, its chairperson shall be elected from the appointed citizen members. The commission shall hold regular meetings and special meetings as they provide by rule and shall keep a record of its proceedings. These records shall be public records. The commission shall appoint the employees and staff necessary for its work and may contract with city planners and other professional persons for the services that it requires. The expenditures of the commission shall be within the amounts appropriated for the purpose of the city council.

(f)

Powers and duties. The commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the commission within a reasonable time, all available information it requires for its work. The commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the commission shall have the power necessary to enable it to perform its functions and promote municipal planning.

(g)

City plans, contents, zoning plan. The commission shall make and adopt a city plan for the physical development of the city. The city plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendation for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly owned or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas. The commission may also prepare a zoning plan for the regulations of the height, area, bulk, location and use of private, nonprofit and public structures and premises, and of population density, but the adoption, enforcement and administration of the zoning plan shall conform to the provisions of RSMo. 89.010 to 89.250, as amended.

(h)

Plan; how prepared; purposes. In the preparation of the city plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the city which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development.

(i)

Adoption of plan; procedure. The commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole city plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof, the commission shall hold at least one public hearing thereon. Fifteen days' notice of the time and place of such hearing shall be published in at least one newspaper having general circulation within the municipality. The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the planning and zoning commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the commission and filed in the office of the commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the council and the municipal clerk, and a copy shall be available in the office of the county recorder of deeds and shall be available at the municipal clerk's office for public inspection during normal office hours.

(j)

Commission to approve improvements; commission disapproval, how overruled. Whenever the commission adopts the plan of the city or any part thereof, no street or other public facilities, or no public utility, whether publicly owned or privately owned, and the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the city until the location, extent and character thereof has been submitted to and approved by the commission. In case of disapproval the commission shall communicate its reasons to the council, and the council, by vote of not less than two-thirds of its entire membership, may overrule the disapproval and, upon the overruling, the council or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the council, then the submission to the commission shall be by the board having jurisdiction, and the commission's disapproval may be overruled by that board by a vote of not less than two-thirds of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the commission to act within 60 days after the date of official submission to it shall be deemed approval.

(k)

Commission to make recommendations to council on plats; when. When the commission adopts a city plan which includes at least a major street plan or progresses in its city planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the county recorder, no plat of a subdivision of land lying within the city shall be filed or recorded until it has been submitted to and a report and recommendation thereon made by the commission to the city council and the council has approved the plat as provided by law.

(l)

Regulations governing subdivision of land, contents, public hearings. The commission shall recommend, and the council may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the city; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the city plan or official map of the city; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic.

(1)

The regulation may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities, and compliance with all of these requirements is a condition precedent to the approval of the plat. The regulations or practice of the council may provide for the tentative approval of the plat previous to the improvements and installation; but any tentative approval shall not be entered on the plat. The regulations may provide that, in lieu of the completion of the work and installations previous to the final approval of a plat, the council may accept a bond in an amount and with surety and conditions satisfactory to it, providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the council and expressly in the bond; and the council may enforce the bond by all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the council is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the city plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest.

(2)

Before adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the council.

(m)

Upon compliance with the regulations governing subdivision of land, contents, public hearings.

(1)

Commission to approve plats; when. Within 60 days after the submission of a plat to the commission, the commission shall approve or disapprove the plat; otherwise, the plat is deemed approved by the commission, except that the commission, with the consent of the applicant for the approval, may extend the 60-day period. The ground of disapproval of any plat by the commission shall be made a matter of record.

(2)

Commission approval of plats; effects. The approval of a plat by the commission does not constitute or effect an acceptance by the city or public of the dedication to public use of any street or other ground shown upon the plat.

(3)

Approval of plats required for recording. No county recorder shall receive for filing or recording any subdivision plat required to be approved by city council or commission unless the plat has endorsed upon it the approval of the city council under the hand of the clerk and the seal of the city, or by the secretary of the commission.

(4)

Use of unapproved plat in sale of land; penalty, vacation or injunction of transfer. No owner, or agent of the owner, of any land located within the platting jurisdiction of the city, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the council or commission and recorded in the office of the county recorder. Any person violating the provisions of this section shall forfeit and pay to the city a penalty not to exceed $300.00 for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The city may enjoin or vacate the transfer or sale or agreement by legal action and may recover the penalty in such action.

(5)

Public improvements; how approved after adoption of major street plan. Upon adoption of a major street plan and subdivision regulations, the city shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the city unless the street has received the legal status of a public street prior to the adoption of a city plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the council or commission or on a street plan made by and adopted by the commission. The council may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the commission for its approval and approved by the commission or, if disapproved by the commission, is passed by the affirmative vote of not less than two-thirds of the entire membership of the council.

(n)

No building permitted on streets not conforming to major street plan. After the adoption of a major street plan, no building permit shall be issued for, and no building shall be erected on, any lot within the territorial jurisdiction of the commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of subsection (l) of this section.

(o)

Establishment of building lines; board of adjustment. Whenever a plan for major streets has been adopted, the council, upon recommendation of the commission, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the council is authorized to prohibit any new building being located within the proposed site or right-of-way when the centerline of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the commission and adopted by the council. The regulations of this section shall not be adopted, changed, or amended until a public hearing has been held thereon as provided in subsection (j) of this section.

(Code 1990, § 30-202; Ord. No. 4109, art. 2, 3-1-2010; Ord. No. 4206, arts. 3, 4, 3-7-2011)

(a)

Composition. The Cape Girardeau Historic Preservation Commission shall consist of nine members, plus ex-officio members, all of whom shall be appointed by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the historic preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history or any other field related to historic preservation.

(b)

Terms. Except as otherwise provided in section 2-125, the terms of office of the appointed members of the historic preservation commission shall be for three years, beginning on the April 17. All members' terms shall be staggered so that three members' terms shall expire each year. A member may be appointed to a shorter term, however, if necessary to accomplish the requirements of this section.

(c)

Officers, duties. The historic preservation commission shall meet annually during the month of May to elect officers. All officers of the historic preservation commission shall be eligible for reelection. The chairperson shall preside over meetings. In the absence of the chairperson, the vice-chairperson shall perform the duties of the chairperson. If both are absent, a temporary chairperson shall be elected by those present. The officers shall ensure that the following duties of the historic preservation commission are performed:

(1)

Preparation of minutes of each historic preservation commission meeting and hearing.

(2)

Publication and distribution of copies of the minutes, reports and decisions of the historic preservation commission to the members of the historic preservation commission.

(3)

Provision of notice, as required herein or by law, for all public hearings conducted by the historic preservation commission.

(4)

Notification to the city clerk of vacancies on the historic preservation commission and expiring terms of members.

(5)

Preparation and submission to the city council of a complete record and votes of the proceedings before the historic preservation commission on any matter requiring city council consideration.

(d)

Meetings. Meetings shall be held at regularly scheduled times to be established by the historic preservation commission, but not less than monthly, at the beginning of each calendar year, or at any time upon the call of the chairperson.

(1)

No member of the historic preservation commission shall vote on any matter which may materially or apparently affect the property, income or business interest of that member.

(2)

The historic preservation commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall be filed in the office of the city clerk and shall be a public record.

(e)

Powers and duties. The historic preservation commission shall have the following powers and duties:

(1)

To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs and by recommending the update of the preservation program.

(2)

To make recommendations for proposed designations as landmark and/or historic districts and to review and comment on proposed designations.

(3)

To review applications for construction, alteration, or reconstruction for landmarks, or structures within a historic district.

(4)

To review proposed changes in buildings, structures, street furniture, city parks, civic areas, public facilities or environmental features of a landmark or within a historic district.

(5)

To review applications for demolition permits, proposed zoning amendments or applications for zoning variances, for a landmark or within a historic district.

(6)

May review applications for special use permits, proposed zoning amendments, or applications for zoning variances, for a landmark or within a historic district, and to make recommendations concerning such requests to the city council, planning and zoning commission or board of adjustment as indicated by the nature of the request.

(7)

To initiate from time to time a comprehensive review of the provisions of this article or any part thereof.

(8)

To disseminate to owners or occupants of landmarks or within historic districts, or to the general public, information concerning the preservation of landmarks or historic districts.

(9)

The historic preservation commission may support the nomination to the national register of historic places, local landmarks, and districts which the commission members believe meet the standards herein set forth and have contributed to the history, architecture and culture of the city.

(10)

To initiate, develop and supervise surveys, to identify historically and architecturally significant properties, structures, and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, state or city.

(11)

The historic preservation commission may recommend the city apply for, receive, or expend any federal, state or private grant, grant-in-aid, or bequest, in furtherance of the general purpose of this article.

(12)

To recommend grants, tax incentives, and benefits to encourage redevelopment of historically significant structures.

(f)

Surveys and research. The historic preservation commission shall establish and maintain a survey and inventory of historic properties in accordance with standards and guidelines established by the Secretary of the Interior's Standards and Guidelines for Historic Preservation. The survey will be compatible with the statewide historical preservation comprehensive planning process. In establishing the foregoing information, the historic preservation commission shall place particular emphasis upon evaluating and incorporating the findings of studies and surveys already completed.

(g)

Review of public improvement projects. Public improvements by the city or any of its departments or agencies may be reviewed by the historic preservation commission in the following manner:

(1)

The historic preservation commission may review and comment upon any capital improvement project proposed by the city or any of its agencies or departments within any historic district, on the site of or within 185 feet of any landmark, or within 185 feet of any historic district. The historic preservation commission shall have 30 days to complete its review and report to the director of community development. The division of planning services, if necessary to accelerate the design review process, may specify a time less than 30 days within which the historic preservation commission shall complete its review and report. The report by the historic preservation commission shall include any recommendations for changes to the preliminary design that will lessen or alleviate any adverse effect of the proposed project upon the historic or architectural character of the landmark or historic district. The commission's report along with responses shall be presented with the public improvement plans to the council for approval.

(2)

The historic preservation commission may review and make recommendations upon any acquisition by the city or any of its agencies or departments of any designated landmark or of any building within a historic district. The city council or the division of planning services may, at the earliest possible date that will not interfere with acquisition negotiations, send the historic preservation commission information concerning the location, size, current use, and proposed use of the land or building to be acquired, and specify the date by which the historic preservation commission shall report to the city council.

(Ord. No. 5348, art. 12(30-203), 10-19-2020)

(a)

A board of adjustment is hereby created. The board shall consist of five members, who shall be freeholders, appointed by the mayor and approved by the city council. Except as otherwise provided in section 2-125, members of the board of adjustment shall serve terms of five years, beginning on March 7. All members' terms shall be staggered so that one member's term shall expire each year. Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. Except as otherwise provided in section 2-125, these alternate members shall be appointed for a term of five years each, beginning on September 5. All alternate members' terms shall begin and end on the same date. Any regular or alternate members shall be removable for cause by the mayor and city council upon written charges and after public hearing.

(b)

The board of adjustment shall adopt rules for the conduct of business and keep a public record of all findings and decisions. The board of adjustment shall meet annually in the month of April to elect officers. Meetings of the board shall also be held at the call of the chairperson and at such other times as the board may determine. Each session of the board of adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of such meeting and business to be carried on published in a newspaper of general circulation in the city, at least one time seven days prior to the meeting. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations.

(c)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building official. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds thereof. A fee, as provided in the city fee schedule, shall accompany all notices of appeal. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(d)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building official in the enforcement of this chapter and may affirm or reverse, in whole or part, such decision of the enforcement officer.

(2)

To hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of this chapter. the board of adjustment must determine that the alleged hardship has not been created by any person presently having an interest in the property, and the particular circumstances involved would result in an undue hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The board of adjustment may impose conditions in the granting of the variances to ensure compliance and to protect adjacent property.

(3)

To hold a public hearing on, and decide the following exceptions to or variations of this article:

a.

To permit the extension of the district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of the ordinance from which this article is derived.

b.

Interpret the provisions of this article in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map, where the street layout on the ground varies from the street layout as shown on this map.

c.

Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition, when related to the yard regulations of this article, would prevent a reasonable or sensible arrangement of buildings on a lot.

d.

Vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by the city Code, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the city.

e.

Vary the requirement for off-street parking space in the front yard of any R district, or any other district when the property is used for residential purposes, to allow a driveway providing access to a residential space other than a garage, carport or other parking area behind the front yard, but only within secondary front yards required on corner lots, and for the purpose of providing access for handicapped residents.

In granting such a variance, the board of adjustment may also stipulate that the drive may be used for access only and that no long-term (four hours or more) parking of vehicles be permitted.

(e)

Decision of the board in respect to the above shall be subject to appeal to the circuit court of the county within 30 days after the filing of the decision in the office of the board.

(f)

In the event that any application is denied by the board, a reapplication for the purposes of further review of the same application shall not be accepted by the board until six months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the building official that substantial new evidence not available during the review of the original application will be presented.

(g)

Any variance granted by the board of adjustment shall be valid for a period no greater than 180 days from the date upon which the variance is granted, unless within such period:

(1)

A building permit is obtained and the construction, or the alteration, of the structure is commenced and pursued diligently toward completion.

(2)

A certificate of occupancy is obtained, and a use or occupancy commenced. The board may grant extensions not exceeding 180 days, upon written application, without notice or public hearing.

(Code 1990, § 30-204; Ord. No. 4109, art. 2, 3-1-2010)

(a)

Violation; penalty.

(1)

Except as otherwise provided in this section, any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more than $500.00 for each and every day that such violation continues, or by imprisonment in the city jail for not more than three months, or by both such fine and imprisonment.

(2)

The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $50.00 and not more than $500.00 for each and every day that such violation continues, or by imprisonment in the city jail for not more than three months, or by both such fine and imprisonment.

(3)

In addition to the above procedure, the city attorney is also authorized to institute any appropriate action or proceeding to prevent violations of the zoning code, to restrain, correct, or abate such violations, to prevent the occupancy of buildings, structures, or lands, or to prevent any illegal act, conduct, business, or use in or about such premises. An appropriate action or proceeding shall include, but shall not be limited to, injunctive relief and any other appropriate action at law or in equity.

(b)

Enforcement; application and permits. It shall be the duty of the person designated as building official to administer and enforce the regulations contained herein.

(1)

It shall be unlawful to commence or to proceed with erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising, or moving of any building or structure, or any portion thereof, without first having applied in writing to the building official for a building permit to do so and a building permit has been granted therefor.

(2)

Every application for a building permit shall be in writing and delivered to the building official and shall be accompanied by a detailed set of plans for structures in the C and M districts in duplicate, showing the size of the proposed building or structure, its location on the lot, the basic materials of which it is to be constructed, and the details and type of construction to be used. On the issuance of a permit, one set of such plans shall be retained by the building official as a permanent record and one set shall be returned to the applicant. In cases of any building or structure to be located in an R district, the building official may at his own discretion permit the substitution of a written statement covering the essential information required in place of such plans.

(3)

Blank forms shall be provided by the building official for the use of those applying for permits as provided in this chapter. Any permits issued by the building official shall be on standard forms for such purpose and furnished by the city.

(4)

A careful record of all such applications, plans, and permits shall be kept in the office of the building official.

(5)

Any building permit, under which no construction work has been commenced within six months after the date of issue of such permit or under which the proposed construction has not been completed within two years of the date of issue, shall expire by limitation.

(6)

Subsequent to the effective date of the ordinance from which this article derives, no change in the use of occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the building official. Every certificate of occupancy shall state that the new occupancy complies with all applicable provisions of the zoning ordinance, subdivision regulations, development code, and building codes of the city. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.

(Code 1990, § 30-205; Ord. No. 4109, art. 2, 3-1-2010; Ord. No. 4289, art. 1, 1-9-2012)

(a)

The city council may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the boundaries or zoning designation of districts herein established, under the procedures herein provided.

(b)

Applications for district changes shall be filed in writing with the city clerk, who shall place the application before the city council after determining that it is in proper form as provided herein. All applications, except those proposed by the city council or the planning and zoning commission, shall be accompanied by the actual cost of publication to be returned to the applicant only if such publication is not made. A copy of the application shall remain on file with the city clerk for public inspection until final action thereon.

(c)

The city council may provide forms for applications and may require applicants to provide plats and other documents or other information it may determine to be of value in acting upon the application. The city council may request the opinions and recommendations of city boards and officers upon applications.

(d)

Upon receipt of an application in proper form, the city council shall refer it to the planning and zoning commission. The city council may by resolution delegate the duty of such receipt and referral to the city manager. The planning and zoning commission shall return the application to the city council with its recommendations relating thereto and showing the number of votes for and against its action and may include a summary of the reasons expressed for and in opposition thereto. The city council may set a date by which the recommendation shall be returned, no less than 20 days from the date of such setting, and the city council may proceed without receipt of such recommendation in the absence of receipt by such date.

(e)

The city council may reject an application without referring it to the planning and zoning commission and without publishing a notice of hearing if the application is made within two years of the city council's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract.

(f)

If the planning and zoning commission recommends approval of an application in whole or in part, the city manager shall, without delay, set a public hearing as provided in subsection (h) of this section at the earliest possible regular council meeting. The city council may reschedule any hearing set by the city manager. If the planning and zoning commission recommends rejection of an application in full, the city council may set a public hearing as provided in subsection (h) of this section upon its own motion, or the city council may by motion file such recommendation of rejection, and the application shall thereupon be deemed rejected unless, within ten days from such filing, the applicant files a written request with the city clerk for a public hearing under subsection (h) of this section, or makes an oral request therefore at a regular or special meeting of the city council, whereupon the city council shall set such a public hearing. If the city council fails to approve an application in whole or in part within 35 days after the public hearing, such application shall be deemed to have been rejected in full, unless the city council shall have expressly extended such time period prior to the expiration thereof.

(g)

The city council may by ordinance, on its own motion or on application, amend, supplement, change, modify or repeal the regulations or restrictions of districts herein established, following referral thereof to the planning and zoning commission as provided in subsection (f) of this section.

(h)

No amendment, supplement, or change of the regulations or restrictions or boundaries of districts shall become effective until after the city council has held a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. The city council may provide for the posting of notices of the hearing on the tract and for other means of notifying the public or interested persons of the proceedings.

(i)

In the case of a protest against any amendment, supplement, change, modification, or repeal of a regulation, restriction, or boundary of a district, duly signed and acknowledged by the owners of 30 percent 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 two-thirds of all the members of the city council.

(j)

In its action upon an application for change in district boundaries, the city council may grant a special use permit, if allowed in the appropriate district, rather than the requested change in district boundaries.

(Code 1990, § 30-206; Ord. No. 4109, art. 2, 3-1-2010)