Salisbury City Zoning Code
ARTICLE XV
Amendments And Changes
Section 405.930 Amendments Generally.
[Ord. No. 388 Art. XIV § A, 8-7-1980]
The Board of Alderman may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Chapter, amend district boundary lines, provided that in all amendatory orders adopted under the authority of this Section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory order.
Section 405.940 Procedure For Amendments.
[Ord. No. 388 Art. XIV § B, 8-7-1980]
A.
This Chapter shall be amended in the following manner:
1.
Amendments may be proposed by any citizen, organization or governmental body.
2.
An application for an amendment to this Chapter shall be filed with the Administrative Officer in such form and accompanied by such information as required by the Administrative Officer. The Administrative Officer, upon receipt of an application for amendment, shall transmit one (1) copy of such application along with all pertinent data filed therewith to the following agencies and/or legal entities for their review and written recommendations, protests, or comments:
3.
A fee of seventy-five dollars ($75.00) shall be paid to the City of Salisbury, Missouri, for each application for an amendment to cover the costs of advertising and other administrative expenses involved. The Board of Aldermen, Planning Board, and Board of Adjustment shall be exempt from this fee.
4.
The Board of Alderman shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Board of Aldermen. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Board of Aldermen shall, by rule, prescribe from time to time.
5.
Notice of time and place of such hearing shall be published at least once in a newspaper of local distribution not less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Board of Aldermen may, be rule, prescribe from time to time.
6.
The Planning and Zoning Commission shall make written findings of fact and shall submit same together with its recommendations to the Board of Aldermen prior to the public hearing. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
a.
Relationship of the proposed amendment to goals and outlines of the long-range physical plan of the City of Salisbury, Missouri.
b.
Existing uses of property within the general area of the property in question.
c.
The zoning classification of property within the general area of the property in question.
d.
The suitability of the property in question as to the uses permitted under the existing zoning classification.
e.
The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.
7.
The Board of Alderman shall not act upon a proposed amendment to this Chapter until it shall have received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment.
8.
The Board of Alderman shall approve or deny the proposed amendment. If an application for such an amendment is not acted upon by the Board of Aldermen within a ninety-day period following its initial submission, it shall be deemed to have been approved.
B.
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 and 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.