[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.
[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.
