Zoneomics Logo
search icon

Grain Valley City Zoning Code

SECTION 400

330 Amendments.

[R.O. 1996 § 400.330; Ord. No. 1084 § 400, 3-10-1997; Ord. No. 1644 § 1, 5-10-2004]
A. 
The regulations, restrictions and boundaries contained in this Chapter may from time to time be amended, supplemented, changed, modified or repealed by the Board of Aldermen, either on its own motion or on application or petition therefor by the owner, in writing, filed with said Board of Aldermen. The application shall be signed by the landowner or an authorized representative of the landowner. A signature by a representative must be accompanied by a notarized statement verifying the authority of the representative to sign for the owner. Said application or petition shall be accompanied by a plat or map drawn to a scale of not less than two hundred (200) feet to the inch showing the land in question, its location, the length and location of each boundary thereof, the location of property within three hundred (300) feet of such land, and a filing fee payable to the City. The amount of such filing fee shall be determined in accordance with a schedule of fees and charges adopted by the Board of Aldermen. No portion of the filing fee shall be refunded to the applicant. Any expenditures in excess of the filing fee, incurred by the Planning and Zoning Commission or the Board of Aldermen, that are necessary and incident to the processing of the application shall be billed to the applicant or petitioner. Before taking any action upon any proposed amendment, supplementation, change, modification or repeal, the same shall be referred by the Board of Aldermen to the Planning and Zoning Commission for report and recommendation. The Planning and Zoning Commission shall then hold public hearing upon said application or petition, after public notice thereof, duly published according to law as provided in Chapter 89, RSMo. After public hearing is held, the Planning and Zoning Commission shall thereupon make its final report to the Board of Aldermen of this City, either favorably or unfavorably recommending said application or petition, which recommendation shall be filed with the City Clerk. Thereupon the Board of Aldermen shall hold public hearing thereon, after public notice thereof, duly published according to law as provided in Chapter 89, Revised Statutes of the State of Missouri, and at or after such public hearing, said Board of Aldermen may then approve any such application or petition by ordinance amending, supplementing, changing, modifying or repealing, as may be required in the premises. In case, however, of a protest against such change, including a change in land use, duly signed and acknowledged by 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 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) by all the members of the Board of Aldermen of the City.
B. 
The Planning and Zoning Commission may recommend and/or the Board of Aldermen may adopt a change in zoning which is a lesser change than the one requested, provided that the more restrictive district is in the same residential, commercial or industrial grouping as the district for which the change was requested. In no case may a change to a residential district be approved if the application is for a commercial or industrial district, and in no case may a commercial district be approved if application is for an industrial district. Applications for District "A" may not be changed to another category unless a new application is filed. A planned district shall be equally restrictive as its equivalent district. Provided, the Board of Aldermen may refer any such application back to the Planning and Zoning Commission for further consideration if, in its judgment, it deems such referral advisable and in the best interest of the public and the applicant.
C. 
Upon request from the Planning and Zoning Official, Planning and Zoning Commission or Board of Aldermen, a "letter of intended use" must be provided by the applicant. The letter of intended use shall describe the use the applicant plans for the parcel after an approved zoning change and shall be considered binding.