De Soto City Zoning Code
ARTICLE X
Amendments
Section 405.440 Amendment of Chapter.
[CC 1988 §29-97; Ord. No. 2788 §9, 10-21-1985]
A.
The City Council may on its own motion or petition from time to time amend, supplement, change, modify or repeal the regulations, restrictions, boundaries and distinctions established by this Chapter.
B.
Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the City Manager for his/her recommendation and report to the Planning and Zoning Commission. If the City Planning Commission makes no report to the City Council within sixty (60) days, it shall be considered to have make a report approving the proposed amendment, supplement, change, modification or repeal.
C.
Upon the filing of the recommendation and report of the City Planning Commission with respect to any proposed amendment, supplement, change, modification or repeal, the City Council shall proceed to hold a public hearing in relation thereto, at which parties in interest and citizens of the City shall have an opportunity to be heard. At least fifteen (15) days' notice from the time and place of such hearing shall be published in a newspaper having a general circulation in the City.
D.
In case of a protest against such change, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas 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 distance from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.
Section 405.450 Petitions For Amendments - Procedure.
[CC 1988 §29-98; Ord. No. 2788 §9, 10-21-1985]
A.
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 Article pertaining to such real property.
B.
Before action can be taken as provided in this Section, the party or parties proposing or recommending the change shall submit his/her petition to the City Clerk with the following:
1.
A survey of the property or an accurate legal description and a map of the lot or tract of land for which the change is sought and a copy of the real estate tax bill for the prior year.
2.
The exact change the applicant is seeking and the reason for it.
3.
A non-refundable deposit of one hundred dollars ($100.00). The City's actual costs above said one hundred dollars ($100.00) shall be billed and paid by the applicant prior to the public hearing.
C.
The petition shall be checked by the City Manager for compliance with the terms and conditions of this Section and shall be submitted to the Planning Commission. If the Commission makes no report to the Council within sixty (60) days, it shall be considered to have made a report approving the proposed petition.
D.
Upon receipt of the petition, the City Council shall set a date for a public hearing. Notice of the time, place and purpose of the hearing shall be published in a newspaper having general circulation in the City at least fifteen (15) days prior to the hearing.
Section 405.460 Protest Against Amendment.
[CC 1988 §29-99; Ord. No. 2788 §9, 10-21-1985]
If there is a protest against the petition, duly signed and acknowledged by the owners of thirty percent (30%) 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 a two-thirds (2/3) vote of the Council.