[Ord. No. 509, 8-11-2021]
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, 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. 509, 8-11-2021; Ord. No. 536, 6-21-2023]
A.
This Chapter or district boundary lines 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 requiring 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, according to Section 400.343(D) of this Chapter,
shall be paid to the City of Kimberling City, Missouri, for each application
for an amendment, to cover the costs of advertising and other administrative
expenses involved. The Board of Aldermen, Planning and Zoning Commission,
and Board of Adjustment shall be exempt from this fee when initiating
an amendment. If the costs of publication and notices exceed the deposit,
the applicant shall pay the balance. A survey of residents may be
required, whose property is located at a distance of no more than
one hundred eighty-five (185) feet from the property involved in the
proposed amendment. If such a survey is required by the Planning and
Zoning Commission or Board of Aldermen, the certified mailing expense
shall be paid by the petitioner to the City Clerk prior to further
consideration or action by the City Government.
4.
The Planning and Zoning Commission shall present
written findings of fact and shall submit the same together with its
recommendations to the Board of Aldermen. Written findings will be
given prior to the Board's public hearing. A voting member of
the Planning and Zoning Commission will present written findings at
the Board's public meeting, and findings will be recorded within
the public meeting minutes. Where the purpose and effect of the proposed
amendment is to change the zoning classification of a 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.
Relatedness of the proposed amendment to goals and
outlines of the long-range comprehensive plan of the City of Kimberling
City, Missouri.
b.
Existing uses of property in the general vicinity
of the property in question.
c.
The zoning classification of property within the
general vicinity of the property in question.
d.
The suitability of the property in relation 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.
5.
The Board of Aldermen shall not act upon a proposed
amendment to this Chapter until it has received a written report and
recommendation from the Planning and Zoning Commission on the proposed
amendment.
6.
The Board of Aldermen 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 a manner
as the Board of Aldermen shall, by rule, prescribe from time to time.
7.
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,
by rule, prescribe from time to time.
8.
The Board of Aldermen shall approve or deny the
proposed amendment. If any application for such an amendment is not
acted upon by the Board of Aldermen within a ninety (90) day period
following its initial submission, it shall be deemed to have been
approved.
9.
If the Board of Aldermen approves a change in zoning,
the Zoning Map shall be updated and a new map shall be published as
soon as practicable.
