Smithville City Zoning Code
DISTRICT CHANGES
AND ORDINANCE AMENDMENTS
§ 153.125 GENERAL.
Whenever the public necessity, convenience, general welfare or good zoning require, the Council may by ordinance, after receipt of recommendation thereon from the Village Planning Commission and subject to the procedure provided by law, amend, supplement or change the regulations, district boundaries or classifications of property, new or hereafter established by this chapter or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Council.
(Ord. 76-43, passed 12-13-1976)
§ 153.126 PROCEDURE FOR CHANGE IN ZONING DISTRICT.
(A) Applications for any change of district boundaries or classifications of property as shown on the Zoning Map, shall be submitted to the 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 Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or leasees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments Initiated by the Commission shall be accompanied by Its motion pertaining to such proposed amendment.
(B) Before submitting its recommendations on a proposed amendment to the Council, the Village Planning Commission shall hold a public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the area. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined and other notices as required by state statutes or Planning Commission.
(C) In addition to the published notice as hereinbefore specified, the Planning Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements by mailing a postal card or letter notice, not less than 20 days prior to the date of hearing, to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section shall not invalidate any recommendation adopted hereunder, it being the intention of this section to provide notice to the persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the Zoning Map or the regulations set forth in this chapter.
(D) The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be not granted. These recommendations shall then be certified to the Council.
(E) After receiving from the Commission the certification of the recommendations on the proposed amendment, and before adoption of such amendment, the Council shall hold a public hearing thereon, at least 30 days notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the village.
(F) After receiving from the Planning Commission certification of the recommendations on the proposed amendment, and after holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Ordinance of the Zoning Map. No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than three-fourths of the members of Council.
(Ord. 76-43, passed 12-13-1976)
§ 153.127 APPLICATION FEES.
(A) At the time that an application for a change of zoning districts is filed with the Planning Commission as provided herein, there shall be deposited with the Village Clerk the sum of $250 as a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee of $50 shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be, adjacent to each other. Such sums so deposited shall be credited by the Village Clerk to the General Fund.
(B) In the event that the Planning Commission disapproves the application and the petitioner elects not to have the same certified to the Council, a refund of $30 plus an additional refund of $3 for each additional lot or part of an additional lot which was included in the application should be made to the petitioner by the Village Clerk, provided that the Village Clerk is notified of such decision by the petitioner within 30 days from the time of the action taken by the Planning Commission.
(Ord. 76-43, passed 12-13-1976; Am. Res. 2011-03, passed 2-28-2011; Am. Res. 2012-03, passed 2-13-2012; Am. Ord. 2023-5, passed 6-6- 2023)
§ 153.999 PENALTY.
(A) It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation in or any provisions of this chapter or any amendment or supplement thereto adopted by the Council. Any person, firm or corporation violating any regulation in or any provision of this chapter or any amendment or supplement thereto shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or uses continues may be deemed a separate offense.
(B) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Zoning Inspector, the legal representative of the municipality or any adjacent or neighboring property owner who would be specially damaged by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate, or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 76-43, passed 12-13-1976)