Pevely City Zoning Code
ARTICLE X
Amendments
Section 405.540 Powers of Board of Aldermen.
[R.O. 2004 §480.010; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1 — 3(480.010), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]
The Board of Aldermen 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.
Section 405.550 Application for District Changes.
[R.O. 2004 §480.020; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1 — 3(480.020, 480.030), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]
Applications for district changes shall be filed in writing with the City Administrator who shall review the application to determine that it is in the proper form. The City Administrator may require applicants to provide plats, documents and other information deemed of value. All applications except those proposed by the Board of Aldermen or the City Planning and Zoning Commission shall be accompanied by a publication fee established by the Board of Aldermen. A copy of the application shall remain on file with the City Administrator for public inspection until final action thereon.
Section 405.560 Application Process.
[R.O. 2004 §480.040; Ord. No. 745 §§1 — 3(480.040), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]
Upon receipt of an application in proper form, the City Administrator, within thirty (30) days, shall refer it to the Planning and Zoning Commission. The Board of Aldermen may by resolution delegate the duty of such receipt and referral to the City Administrator. The Planning and Zoning Commission shall forward the application to the Board of Aldermen with its recommendations showing the number of votes and the reasons given for and against any action taken. If not forwarded to the Board of Aldermen within forty-five (45) days, the application shall be deemed approved.
Section 405.570 Rejection Without Published Notice of Hearing.
[R.O. 2004 §480.050; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1 — 3(480.050), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]
The City Administrator 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 six (6) months of the Board's rejection of a previous application regarding the same or similar lot.
Section 405.580 Amendments - Procedure.
A.
Referral To Planning And Zoning Commission. The Board of Aldermen may amend this Chapter on its own motion or on petition after submission of the proposed amendment to the Planning and Zoning Commission for its recommendation and report and a hearing. Petitions shall be made by application and payment of a fee of one hundred dollars ($100.00).
B.
Public Hearing — Notice. The Board of Aldermen shall hold a hearing on the proposed amendment at least fifteen (15) days after the publication of a notice of the hearing as provided by law.
C.
Two-Thirds Vote By Board Of Aldermen — When. If the Planning and Zoning Commission disapproves the change, or if a protest against the proposed amendment is signed and acknowledged by the owners of thirty percent (30%) or more of the area of land (exclusive of streets and places) included in the proposed change, or within an area defined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the area of the proposed change, the amendment shall not be effective unless it is adopted by two-thirds (⅔) of the members of the Board of Aldermen. Otherwise, the amendment shall be effective on the majority vote of the Board of Aldermen.
Section 405.590 Special Use Permit.
[R.O. 2004 §480.100; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1 — 3(480.100), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]
In its action upon an application for change in district boundaries, the Board of Aldermen may grant a special use permit or may grant the change to a district which is intermediate in restrictiveness between the existing district and the requested district.