Missouri
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City of Clarkson Valley Missouri |
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A.
The Board of Aldermen may from time to time, on its own motion or on
petition, amend, supplement, change, modify or repeal by ordinance the
boundaries of districts or the regulations or restrictions thereunder or
applicable thereto. Any proposed
amendment, supplement, change, modification or repeal shall first be submitted
to the Planning and Zoning Commission for its recommendations and report.
B.
The Commission shall be convened by its Chairman, and shall make a study
of the proposed amendment, supplement, change, modification or repeal and in its
study and deliberations shall take into consideration and base its findings
and recommendations in accordance with the City plan and regulations designed
to lessen congestion in the streets; to secure safety from fire, panic and other
dangers; to promote health and the general welfare; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue concentration of
population; to preserve features of historical significance; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks, and other
public requirements with reasonable consideration, among other things, to the
character of the district and its peculiar suitability for particular uses, and
with a view to conserving the values of buildings and encouraging the most
appropriate use of land throughout the municipality.
It shall give consideration to regulating and restricting the height,
number of stories and size of buildings and other structures, the percentage of
lot that may be occupied, the size of yards, courts and other open spaces, and
the location and use of buildings, structures and land within the City.
C.
The Commission shall submit its report to the Board of Aldermen within
sixty (60) days. If the Commission
fails to submit its report within that period the Board of Aldermen shall
consider the matter as though submitted to it by the Commission without
recommendation. The Board of
Aldermen shall hold a public hearing in relation to any amendment, supplement,
change, modification or repeal but not before first receiving the report of the
Commission and after at least fifteen (15) days' notice of the time and place of
the hearing published in a newspaper having general circulation in the City of
Clarkson Valley.
D.
In case of an adverse report by the Planning and Zoning Commission, or if
a protest against such proposed amendment, supplement, change, modification or
repeal shall be presented in writing to the City Clerk duly signed and
acknowledged by the owners of thirty percent (30%) or more, either of the area
of the land (exclusive of streets, places and alleys) included within such
proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (2/3) of all members of the Board of
Aldermen.
E.
Before any action shall be taken as provided above, except when proposed
by the City on its own motion, the party or parties proposing or recommending a
change in the district boundaries or regulations shall file with the City Clerk
a written petition with the proposed or recommended changes and shall deposit
with the City Treasurer the sum of fifty dollars ($50.00) to cover the
approximate cost of this procedure and under no condition shall said sum or any
part thereof be refunded for failure of said change to be adopted by the Board
of Aldermen.
F.
Should it subsequently be determined by the Board of Aldermen that a
public hearing is required, before proceeding with such public hearing,
petitioner shall be required to deposit the additional sum of two hundred fifty
dollars ($250.00), to cover the approximate cost of such public hearing.
If for any reason the public hearing is not held, the two hundred fifty
dollar ($250.00) deposit, less any expenses incurred by the City, shall be
refunded to petitioner. If the
public hearing is held, then under no condition shall said sum or any part
thereof be refunded for failure of said change to be adopted by the Board of
Aldermen. (CC 1990 §18.150; Ord.
No. 96-08 §1, 8-6-96)