Desloge City Zoning Code
ARTICLE XIII
Amendments
Section 405.167 Amendments To Change Zoning District Boundaries.
[R.O. 2001 § 405.167; Ord. No. 2006.19 § 1, 6-12-2006]
The Board of Aldermen from time to time may supplement, change or generally revise the boundaries or regulations contained in zoning regulations by amendment. A proposal for such amendment may be initiated by the Board of Aldermen or the Planning and Zoning Commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. All zoning district amendments shall be in accordance with the adopted Comprehensive Plan.
Section 405.168 Public Hearing - Notice And Application.
[R.O. 2001 § 405.168; Ord. No. 2006.19 § 1, 6-12-2006]
Any party desiring any change in zoning district boundaries or regulations contained in this zoning ordinance shall file with the Building Inspector an application and such application shall be accompanied by such data and information as prescribed in these regulations. Public notice and public hearing shall be provided pursuant to Sections 405.178 – 405.180.
Section 405.169 Adoption.
[R.O. 2001 § 405.169; Ord. No. 2006.19 § 1, 6-12-2006]
A.
The procedure for the consideration and adoption of a recommendation to amend zoning district boundaries shall be in the same manner as that required for the consideration and adoption of the original zoning regulations. A majority of the members of the Planning and Zoning Commission present and voting at the hearing shall be required to recommend approval or denial of the amendment to the Board of Aldermen. If the Planning and Zoning Commission fails to make a recommendation on a rezoning request, the Planning and Zoning Commission shall be deemed to have made a recommendation of disapproval. When the Planning and Zoning Commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the Board of Aldermen may:
1.
Adopt such recommendation by ordinance;
2.
Override the Planning and Zoning Commission's recommendation by a two-thirds (2/3) majority vote of the membership of the Board of Aldermen; or
3.
Return such recommendation to the Planning and Zoning Commission with a statement specifying the basis for the Board of Aldermen's failure to approve or disapprove.
4.
If the Board of Aldermen fails to act upon a recommendation within one hundred twenty (120) days from the receipt thereof, the application shall be deemed to have been denied.
B.
If the Board of Aldermen returns the Planning and Zoning Commission's recommendation, the Planning and Zoning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the Board of Aldermen, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or it need take no further action thereon. If the Planning and Zoning Commission fails to deliver its recommendation to the Board of Aldermen following the Planning and Zoning Commission's next regular meeting after receipt of the Board of Aldermen's report, the Board of Aldermen shall consider such course of inaction on the part of the Planning and Zoning Commission as a resubmission of the original recommendation and proceed accordingly. The proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution.
Section 405.170 Filing Fee.
[R.O. 2001 § 405.170; Ord. No. 2006.19 § 1, 6-12-2006]
For the purpose of wholly or partially defraying the costs of the proceedings prescribed herein, including publication costs, the applicant, upon the filing of the application, shall pay to the Building Inspector a fee in the amount of two hundred fifty dollars ($250.00). Promptly upon the filing of any such application, the Building Inspector shall refer the application to the Planning and Zoning Commission for study and recommendation and shall report to the Board of Aldermen concerning the nature of the application and that said application has been referred to the Planning and Zoning Commission.
Section 405.171 Matters To Be Considered.
[R.O. 2001 § 405.171; Ord. No. 2006.19 § 1, 6-12-2006]
A.
In order to recommend approval or disapproval of a proposed zoning district amendment, the Planning and Zoning Commission shall determine whether the application is found to be generally compatible with surrounding development and suitable for development in the proposed district based upon the following considerations:
1.
Character of the neighborhood.
2.
Consistency with the Comprehensive Plan and ordinances of the City of Desloge.
3.
Adequacy of public utilities and other needed public infrastructure and services.
4.
Suitability of the uses to which the property has been restricted under its existing zoning.
5.
Length of time property has remained vacant as zoned.
6.
Compatibility of the proposed district classification with nearby properties.
7.
The extent to which the zoning amendment may detrimentally affect nearby property.
8.
Whether the proposed amendment provides a disproportionately great loss to the individual land owners nearby relative to the public gain.
B.
An affirmative vote of a majority of the entire membership of the Desloge Planning and Zoning Commission shall be required to make recommendations to the Board of Aldermen, unless otherwise prescribed by State law.
Section 405.172 Comprehensive Plan.
[R.O. 2001 § 405.172; Ord. No. 2006.19 § 1, 6-12-2006]
Upon the adoption or amendment of the City's Comprehensive Plan or part thereof by adoption of the appropriate resolution by the Planning and Zoning Commission, a certified copy of the plan or part thereof, together with a written summary of the hearing thereon, shall be submitted to the Board of Aldermen. No Comprehensive Plan and no amendment thereto shall be effective unless approved by the Board of Aldermen. An attested copy of the Comprehensive Plan and any amendments thereto shall be sent to all other taxing subdivisions in the planning area which request a copy of such plan.
Section 405.173 Public Facilities And Improvements.
[R.O. 2001 § 405.173; Ord. No. 2006.19 § 1, 6-12-2006]
No public improvement, public facility or public utility of any type shall be constructed without first being submitted to the Planning and Zoning Commission and approved by the Board of Aldermen as being in conformity with the Comprehensive Plan.
Section 405.174 Change In Regulations, Restrictions And Boundaries - Procedures And Protest Petitions. [1]
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) 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 one hundred eighty-five (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 (2/3) of all the members of the Board of Aldermen. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.
[1]
Editor's Note: Former Section 405.174, Protest Petitions, which derived from R.O. 2001 § 405.174; and Ord. No. 2006.19, was replaced during the recodification process with the language found in Section 89.060, RSMo.
Section 405.175 Official Zoning Map.
[R.O. 2001 § 405.175; Ord. No. 2006.19 § 1, 6-12-2006]
If the official Zoning Map has been adopted by reference, the amending ordinance shall define the change or boundary as amended, shall order the official Zoning Map to be changed to reflect such amendment and shall amend the Section of the ordinance incorporating the same and shall reincorporate such map as amended.