[CC 1986 § 42.200]
This Chapter may be known and cited as the "Edgerton, Missouri Comprehensive Amended Zoning Ordinance of 1979."
[CC 1986 § 42.210]
The zoning ordinance herein established has been made to promote the public health, safety, convenience, prosperity and general welfare of the citizens of Edgerton, Missouri, and to guide the future growth and development of the City so as to provide the most beneficial, economic and efficient relationships among the residential, non-residential and public areas, considering the suitability of each area for such uses.
[CC 1986 § 42.220]
A. 
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the purpose stated above.
1. 
Conflict. The provisions of this Chapter are not intended to interfere with, abrogate or annul any other City ordinance, rule or regulation, statute or other provision of law. Where this Chapter imposes greater restrictions from those imposed by any other ordinances, rules, regulations, the provisions of this Chapter shall govern. The provisions of this Chapter are not intended to abrogate any easement, covenant or other private agreement, or restriction, provided that where the provisions of this Chapter are more restrictive or impose higher standards or regulations than such easements, covenant or other private agreement or restriction, the requirements of this Chapter shall govern.
2. 
Separability. If any part or provision of this Chapter is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Chapter.
3. 
Savings Provision. This Chapter shall not be construed as abating any action now pending under, or by virtue of, prior existing zoning orders, or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of this Chapter, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided for in this Chapter.
[CC 1986 § 42.230]
A. 
Authority. The Board of Aldermen may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Chapter or amend district boundary lines, including the Zoning Map and accompanying bulk and use tables, provided that 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 City, and the uses to which property is devoted at the time of the adoption of the amended ordinance.
B. 
Initiation Of Amendment. Amendments may be proposed by any governmental body or any interested person or organization.
C. 
Form Of Application. Such application shall be in writing and shall be accompanied by a fee of one hundred dollars ($100.00), except those recommended by the Board of Aldermen or Planning and Zoning Commission, and shall contain the proposed language of the zoning ordinance to be inserted, a description and map of the property affected, if affecting a change in the Zoning Map, together with such other information as the Board of Aldermen may require.
D. 
Procedure. The Board of Aldermen, upon receiving any application for amendment, shall submit a copy of the same to the Planning and Zoning Commission for its recommendations and report.
E. 
Notice Of Hearing. The Planning and Zoning Commission shall hold at least one (1) public hearing on such application, before submitting its report to the Board of Aldermen. Notice of time, place and nature of the hearing shall be published in at least one (1) newspaper having general circulation in the City not more than thirty (30) nor less than fifteen (15) days before the hearing.
F. 
Findings Of Fact And Recommendations Of The Planning And Zoning Commission. The Planning and Zoning Commission shall submit recommendations to the Board of Aldermen within sixty (60) days after the close of the public hearing and any adjournment thereof. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission shall also make findings based on the evidence presented to it in each specific case with respect to the following matters and shall submit same to the Board of Aldermen with its recommendations:
1. 
Existing uses of property within the general area of the property in question.
2. 
Zoning classifications of property within the general area of the property in question.
3. 
The suitability of the property in question to the uses permitted under the existing zoning classification.
4. 
The trend of development, if any, in the general area of the property in question.
5. 
Accessibility of the property involved in the application to fire and Police protection, traffic conditions, transportation requirements and facilities, type, size and use of buildings, uses and structures in the vicinity and the suitability of the proposed use to the said buildings, uses and structures, whether the location and size of the proposed use, the nature and intensity of operations involved, the size of the site in relation to its use, and the location of the site with respect to existing or future streets, parks, drainage systems, will not discourage the appropriate development and use of adjacent land, structures and buildings or impair the value thereof.
6. 
Where the application for zoning amendment involves planned unit development, flexible zoning or any zoning procedure involving amendment of the zoning ordinance, such findings of fact and recommendations as are required by this Chapter.
G. 
Action By The Board Of Aldermen. The Board of Aldermen 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.
1. 
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. 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 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 legislative body of such municipality. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.
2. 
Whenever a petition requesting an amendment has been denied by the Board of Aldermen, such petition or one substantially similar shall not be reconsidered sooner than six (6) months after the previous denial.
[CC 1986 § 42.240]
A. 
Existing Permits. This Chapter is not intended to abrogate or annul any building permit, variance or special permit lawfully issued before the effective date of this Chapter unless the applicable regulations of this Chapter or any amendments to the Chapter after issuance of a building permit, granting of a variance or issuance of a special permit make the proposed use under such building permit, variance or special permit non-conforming as to the use and bulk regulations, and no substantial construction or substantial operations for non-building uses have been undertaken on the structure or foundation, or conducted for the non-building uses, within one hundred twenty (120) days after the effective date of adoption of this Chapter and any amendments thereto, the building permit, special permit or variance shall be invalid. If substantial construction or substantial operations have taken place and are continuing at the time, the proposed use may be completed.
B. 
New Construction Or Reconstruction. All new construction or reconstruction of a building or structure, every change in bulk, all new uses of buildings or land, and every change, enlargement or relocation of this Chapter, except as provided in Articles VI and VII. Existing non-conforming uses and bulk may continue, subject to the regulations in Article IX.