The city shall regulate land use as provided by statute and appoint a planning and zoning commission by city ordinance; which planning and zoning commission shall prepare and adopt bylaws for the conduct of their business, including adoption of a comprehensive plan.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Authorization. A zoning administrator shall be appointed by the city council and shall be responsible for the enforcement of this chapter.

(b)

Duties of the zoning administrator. The zoning administrator shall enforce this chapter and in addition thereto and in furtherance of the authority, he shall:

(1)

Approve and issue all zoning and occupancy certificates and make and maintain records thereof.

(2)

Conduct inspections of structures and uses of land to determine compliance with the provisions of the zoning regulations.

(3)

Receive, file, and forward to the board of adjustment the records in all appeals and all applications for variances.

(4)

Maintain permanent and current records of the zoning regulations including, but not limited to, all zoning maps, amendments, variances, appeals and applications therefor and records of hearing thereon.

(5)

Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning regulations, and the rules of the board of adjustment.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The city council has established a zoning commission that shall also serve as and function as the city planning commission. The zoning commission shall be appointed by the mayor and approved by the city council and shall consist of seven members including:

(1)

The mayor, if the mayor chooses to be a member.

(2)

A member of the council selected by the council, if the council chooses to have a member on the commission, and

(3)

Not more than five citizens appointed by the mayor and approved by the council. All citizen members of the commission shall serve without compensation. The term of each of the citizen members shall be for four years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment. The council may remove any citizen member of cause stated in writing after public hearing.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

State Law reference— Zoning commission, RSMo 89.070; planning commission, RSMo 89.300 et seq.

(a)

In this section "commission" means the zoning commission when it serves as the city planning commission.

(b)

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 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 construed or authorized in the municipality 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.

(c)

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.

(d)

The failure of the commission to act within 60 days after the date of official submission to it shall be deemed approval.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

State Law reference— Similar provisions, RSMo 89.380.

(a)

Generally. The city council may, from time to time, by ordinance, amend, change, modify or repeal the boundaries of zoning districts, and conditional uses, or grant conditional uses. Before taking any such action, the city council shall submit the same to the planning and zoning commission for its recommendation and report.

(b)

Deposit. On submission of any proposed change in zoning classification or request for a conditional use, the applicant will be required to deposit with the collector of the city at the time of filing the proposed change, the sum of $10.00, which amount is nonrefundable.

(c)

Procedure for change. Applications for any change of district boundaries or classifications of property as shown on the zoning map, and for regulation amendments, or for a conditional use, shall be submitted to the planning commission, at its public office, upon such forms, and shall be accompanied by such data and information, as may be prescribed for that purpose by the planning commission, to ensure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. All applications shall be filed at least 28 days prior to the public hearing to be held by the planning and zoning commission.

(d)

Publication and notices.

(1)

The planning and zoning commission shall hold a public hearing on all proposed changes in zoning classification and conditional uses sought. Notice of the public hearing shall be given in the following manner: Notice of the public hearing shall be given by publication in a newspaper of general circulation in the city at least 15 days prior to the public hearing.

(2)

Notices shall also be posted in three conspicuous places in the vicinity of the real estate to be affected giving the legal description of the property to be rezoned, or for which a conditional use is requested. Such notices shall be posted at least ten days prior to the public hearing.

(3)

Notice of such hearing shall also be provided by regular mail no later than ten days prior to the public hearing to the record owners of property within the area proposed to be rezoned or a conditional use sought and within 185 feet of the property proposed to be reclassified at their last known address.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

The city council has created a board of adjustment in accordance with state statutes governing such creation. The board shall consist of five members, who shall be residents of the city. The membership of the first board appointed shall serve respectively, one for one year, one for two years, one for three years, one for four years, and one for five years. The members shall be appointed for terms of five years each.

(b)

The board shall adopt rules of procedure as may be necessary and proper to govern its own proceedings; such rules shall not be in conflict with other laws, ordinances or resolutions. Meetings of the board shall be held at the chairman and at such other times as the board may determine. The board shall keep minutes of its proceedings, showing the description of evidence presented, the findings of fact by the board, the decision of the board and the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and will keep records of its examinations and other official actions, all of which shall be filed in the office of the board immediately and shall be a public record.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

The board shall have the following powers and jurisdictions:

(1)

Appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this chapter.

a.

Appeals of the board may be taken by the person aggrieved, or by any officer, department, or bureau of the government affected by any decision of the zoning administrator. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board by general rule, by filing with the zoning administrator and with the secretary of the board a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the secretary of the board all papers constituting the record upon which the action appealed from is taken.

b.

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record on application or notice to the zoning administrator of good cause shown.

(2)

Variances. To authorize in specific cases a variance from the specific terms of this chapter which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, provided the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

a.

The applicant must show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of this specific piece of property at the time of the effective date of the district zoning regulations, or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances, that the strict application of the terms of the zoning regulations actually prohibits the use of his property in the manner similar to that of other property in the zoning district where it is located.

b.

Variances may be granted for any modifications of the specific terms of the zoning regulations, except that a variance may not be granted to allow the establishment of a use not permitted in the district regulations.

c.

A request for a variance may be granted, upon a finding of the board that the following conditions have been met. The board shall make a determination of each condition and the finding shall be entered in the record.

1.

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or applicant.

2.

The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.

3.

The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

4.

The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.

5.

The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

(3)

Conditions of determination. In exercising the foregoing powers, the board, in conformity with the provisions of this act, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from where the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.

(b)

A majority of the board shall constitute a quorum for the transaction of business, and a concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, or to decide in favor of the applicant upon any matter which it is required to pass under any such regulation, or to affect any variation in such regulation. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

The procedure for requesting a hearing before the board shall be as follows:

(1)

All applications to the board shall be in writing on forms provided by the board.

(2)

The board shall fix a reasonable time for the hearing of an application and notice of the time, place, and subject of each hearing shall be published in the official newspaper (as designated by the city council) at least 15 days prior to the date fixed for the public hearing. A copy of the notice of public hearing shall be sent to each party of interest and to the planning and zoning commission.

(3)

An application to the board of adjustments shall be accompanied by a filing fee of $10.00. A separate filing fee of $10.00 shall be required for each request.

(b)

In addition to the above requirements, certain applications require additional information as follows:

(1)

Appeals.

a.

An application for an appeal shall be filed within 60 days after a ruling has been made by the zoning administrator.

b.

A copy of the order, requirement, decision, or determination of the zoning administrator which the appellant believes to be in error.

c.

A clear and accurate written description of the proposed use, work, or action in which the appeal is involved and a statement justifying the appellant's position.

d.

Where necessary, a plot plan, drawn to scale, shall be submitted in duplicate showing existing and proposed plans for the area in question.

(2)

Variances.

a.

The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the five conditions as set out in section 40-261(b).

b.

The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application, the structures existing thereon, and the structures contemplated necessitating the variance requested. All appropriate dimensions should be included and any other information that would be helpful to the board in consideration of the application.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

In making any decisions varying or modifying any provisions of the zoning regulations, the board shall impose such restrictions, terms, time limitations, landscaping, and other appropriate safeguards to protect adjoining property.

(b)

The board may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the board, and shall be enforceable by or payable to the city council in the sum equal to the cost of constructing the required improvements.

(c)

In lieu of the performance bond requirement, the board may specify a time limit for the completion of such required improvements and, in the event the improvements are not completed within the specified time, the board may declare the granting of the application null and void after reconsideration.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Any person, department, or departments of the government jointly or separately aggrieved by any decision of the board may present to the circuit court having jurisdiction a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality, and asking for relief therefrom. Such petition shall be presented to the court within 30 days after the date of filing the decision in the office of the board.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The city recognizes that the very nature of land development creates potential for traffic congestion, overcrowding, adverse visual environmental impacts, and health problems. Also, the city strives to achieve the goal of promoting growth in city, while stabilizing the established residential patterns of the area. The city seeks to ensure that any location that must accommodate urban uses, shall be subject to site plan review by the planning and zoning commission. The site plan review process shall help ensure that the meaning and intent of the zoning regulations, and all portions thereof, are fully complied with.

The site plan review regulates the development of structures and sites in a manner that considers the following concerns:

(a)

The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, storm water runoff, etc.);

(b)

The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;

(c)

The adequacy of waste disposal methods and protection from pollution of surface or groundwater;

(d)

The protection of historic and natural environmental features on the site under review, and in adjacent areas; and

(e)

The stability of the built environment—particularly residential neighborhoods—by promoting urban development that is compatible with clearly identified natural resources.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The zoning administrator shall require that all applications for building permits for developments in the multifamily, commercial and industrial zoning districts be subject to site plan review in accordance with this chapter, and for redevelopment in the following circumstances: if the redevelopment enlarges the size of the original structure by more than 50 percent; and if the redevelopment of an existing facility or parcel that changes its original use by more than 50 percent and that accessory structures are exempt from a site plan review when added to an existing conforming property, however, the bulk, height and area requirements are still met. Developments shall be encouraged to implement the objectives of the Future Land Use Plan to foster compatibility among land uses in the city. Site plan reviews shall be performed by the zoning administrator, and submitted to the planning and zoning commission for approval if in conjunction with a public hearing.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The planning and zoning commission shall perform their review at the next regularly scheduled meeting of the planning and zoning commission for which the item may be scheduled and shall adjourn and reconvene as is determined necessary. The applicant may appeal a site plan review determination to the city council for approval in the event that an applicant alleges that there is an error in any order, requirement, decision or determination made by the zoning administrator or the planning and zoning commission in the enforcement of site plan review. The request for review by the city council shall be accompanied by a complete description of the errors alleged.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is applicable, unless site plan review approval has been granted.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The site plan shall include the following data, details, and supporting plans which are relevant to the proposal. The number of pages submitted will depend on the proposal's size and complexity. The applicant shall make notations explaining the reasons for any omissions. Site plans shall be prepared at a discernable scale.

(a)

Name of the project, address, boundaries, date, north arrow and scale of the plan.

(b)

Name and address of the owner of record, developer, and seal of the engineer, architect, land surveyor or landscape architect.

(c)

Name and address of all owners of record of abutting parcels.

(d)

All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses and structures.

(e)

The location and use of all existing and proposed structures within the development. Include all dimensions of height and floor area, and show all exterior entrances and all anticipated future additions and alterations. For developments in the C-3 and C-4 central business district, indicate design details to make new construction compatible with existing structures.

(f)

The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs and fences. Location, type, and screening details for all waste disposal containers shall also be shown.

(g)

The location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

(h)

The location, height, size, materials, and design of all proposed signage.

(i)

A landscape plan showing all existing open space, trees, forest cover and water sources, and all proposed changes to these features including size and type of plant material. Water sources will include ponds, lakes, brooks, streams, wetlands, flood plains, and drainage retention areas.

(j)

The location of all present and proposed utility systems including:

(1)

Sewerage system;

(2)

Water supply system;

(3)

Telephone, cable and electrical systems; and

(4)

Storm drainage system including existing and proposed drain lines, culverts, catch basins, head walls, end walls, hydrants, manholes, and drainage swells.

(k)

Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

(l)

Existing and proposed topography shown at not more than two-foot contour intervals. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year flood plain, the area shall be shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.

(m)

Existing and proposed zoning district boundaries adjacent to the site's perimeter shall be drawn and identified on the plan.

(n)

Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site.

The zoning administrator may require a detailed traffic study for mixed use and multi-tenant developments, or for developments in heavy traffic areas to include:

(1)

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

(2)

The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and

(3)

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels, shall also be given.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The recommendations of the zoning administrator shall be based on the following standards:

(a)

The extent to which the proposal conforms to the previous sections of this chapter.

(b)

The extent to which the development would be compatible with the surrounding area and the development guidelines of this article.

(c)

The extent to which the proposal conforms to the provisions of the city's subdivision regulations.

(d)

The extent to which the proposal conforms to customary engineering standards used in the city.

(e)

The extent to which the location of streets, paths, walkways, and driveways are located so as to enhance safety and minimize any adverse traffic impact on the surrounding area.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

In zoning districts permitting commercial and industrial uses, buildings should meet the following minimum guidelines, based on site plan review:

(a)

Raised exterior walls or screen walls should be designed to enclose groups of equipment. Roof mounted equipment, including ventilators and satellite dishes shall be screened from view (100 percent opacity) or isolated so as not to be visible from ground level of any adjacent public thoroughfare or residentially-zoned area, up to a maximum of 300 feet away. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

(b)

The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.

(c)

The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony shall not be allowed.

(d)

The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate to the rhythms established in adjacent buildings.

(e)

Where large structures are proposed with overly-long facades (walls), where one dimension exceeds the length of the perpendicular dimension, such as warehouses, building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features. Parking lots along the facade can also relieve horizontally through the use of landscaped fingers and islands containing trees and shrubs.

(f)

Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank is discouraged.

(g)

Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest.

(h)

Careful consideration of durable materials, proportions, and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design is particularly important.

(i)

Use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged. The use of aluminum siding, metal ribbed panels, and extensive mirrored glass surfaces are discouraged. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood.

Corrugated metal facades should be complemented with abundant use of masonry, whether brick, stone, stucco, or split-face block, especially along perimeter streets. Architectural metal panels may be an acceptable substitute for masonry. Appropriate landscaping can be used to complement and enhance a building's design, color and material.

(j)

Architectural treatments (e.g., building materials, colors, facade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets, use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g., the need for truck accesses on one side and pedestrian access on another). Long expanses of overhead doors should be relieved by matching their color to the wall or trim, recessing the doors, or adding architectural details to diminish the dominance of the doors.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

The city council, 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 city council 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. Applications for conditional use permits shall be considered by the same procedure as zoning district amendments. Any such amendment, if in accordance with the adopted comprehensive plan, shall be presumed to be reasonable.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

All such proposed amendments first shall be submitted to the planning and zoning commission for recommendation. The planning and zoning commission shall hold a public hearing thereon at its next regular meeting for which the application may be scheduled, shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner as that required for recommendations on the original proposed zoning regulations. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

In addition to such publication notice, written notice of such proposed amendment shall be mailed at least 15 days before the hearing to all owners of record of lands located within at least 185 feet of the area proposed to be altered. All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the planning and zoning commission or the city council. Such notice is sufficient to permit the planning and zoning commission to recommend amendments to zoning regulations which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice. At any public hearing held to consider a proposed rezoning, an opportunity shall be granted to interested parties to be heard.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(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 a quorum of the planning and zoning commission at the hearing shall be required to recommend approval or denial of the amendment to the city council. 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 therefore, the city council may:

(1)

Adopt such recommendation by ordinance;

(2)

Override the planning and zoning commission's recommendation by a two-thirds vote of the membership of the city council; or

(3)

Return such recommendation to the planning and zoning commission with a statement specifying the basis for the city council's failure to approve or disapprove.

(b)

If the city council 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 therefore or submit a new and amended recommendation. Upon the receipt of such recommendation, the city council, 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 city council following the planning and zoning commission's next regular meeting after receipt of the city council's report, the city council 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Any party desiring any change in zoning district boundaries or regulations contained in this zoning chapter, as to any lot, tract or area of land, shall file with the zoning administrator an application, and such application shall be accompanied by such data and information as prescribed in this chapter. All applications for any planning and zoning action, not submitted by the owners must be accompanied by a letter from the owner, with owner's contact information, acknowledging and approving the proposed requests.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

An application fee and filing deposit of $25.00 per application/public hearing shall accompany each application filed with the city. Any application requesting approval of subdivision plats shall require an additional deposit of $25.00. Promptly upon the filing of any such application, the zoning administrator shall refer the application to the planning and zoning commission agenda for study and recommendation and shall submit a report to the city council concerning the nature of the application and that the application has been referred to the planning and zoning commission.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Upon the adoption or amendment of any such 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 city council. No comprehensive plan shall be effective unless approved by the city council. 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

To recommend approval or disapproval of a proposed zoning district amendment, the planning and zoning commission shall consider the following matters:

(1)

Character of the neighborhood;

(2)

Consistency with the comprehensive plan and ordinances of the city;

(3)

Adequacy of public utilities and other needed public services;

(4)

Suitability of the uses to which the property has been restricted under its existing zoning;

(5)

Compatibility of the proposed district classification with nearby properties;

(6)

The extent to which the zoning amendment may detrimentally affect nearby property;

(7)

Whether the proposed amendment provides a disproportionately great loss to the individual land owners nearby relative to the public gain.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

When a proposed amendment would result in a change in the text of this chapter, but would not result in a change of zoning classification of any specific property, the recommendation of the planning and zoning commission shall contain a statement as to the nature and effect of such proposed amendment and determination as to the following items:

(1)

Whether such change is consistent with the intent and purpose of this chapter;

(2)

The areas which are most likely to be directly affected by such change and in what way they will be affected; and

(3)

Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and zoning districts affected, or in the area of jurisdiction of such changed or changing conditions.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Regardless of whether or not the planning and zoning commission approves or disapproves a zoning amendment, if a protest against such amendment is filed in the office of the city clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, signed 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)