City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
[CC 1961 §23.21; Ord. No. 2974 §23.21, 6-20-1988]
A. 
The City Council 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 regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Plan Commission for its recommendation and report.
B. 
If the Plan Commission makes no report within sixty (60) days, the City Council may proceed with its action, unless an extension of time is granted by the Council.
C. 
Upon the filing of the recommendation and report by the Plan Commission with respect to any proposed amendment, supplement, change, modification or repeal, or upon failure to report in sixty (60) days, the City Council shall hold a public hearing in relation thereto, notice of which is to be published in two (2) consecutive issues of a newspaper having a general circulation in the City, and the first (1st) publication shall appear at least fifteen (15) days prior to date of hearing, will give the time, place and purpose of such hearing, and in addition to such published notice, similar notice shall be prominently posted at least fifteen (15) days prior to the hearing in the immediate vicinity of a property which would be affected by a proposed change.
D. 
In a case of protest against such proposed amendment, supplement, change, modification or repeal a statement 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 areas 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) favorable vote of all members of the City Council.
E. 
Before an action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the Director of Finance the sum of fifty dollars ($50.00) to cover the approximate cost of this procedure, and under no condition shall such sum or any part thereof, be refunded for failure of such change to be adopted by the City Council; provided however, that no deposit shall be required whenever the change is proposed by the Plan Commission, the City Council or any member thereof, or by an official taxing agency or commission of the City. The applicant shall pay the cost of all advertising, plus the fifty dollar ($50.00) fee.
[CC 1961 §§23.22 — 23.22.2; Ord. No. 2974 §§23.22.1 — 23.22.2, 6-20-1988]
A. 
Effect Of Conflicting Provisions. Whenever the provisions of this Chapter are in conflict with or on the same subject as any existing or future ordinance, the provisions of this Chapter or of any previous or future ordinance which are the most restrictive, or which require the larger amount of space, will be binding and will prevail; provided, that the Board of Adjustment shall have the same power to vary or modify the application of any of the regulations or provisions of this Chapter or any other ordinance relating to the use, construction or alterations of buildings or structures of the use of land as such Board is given in this Chapter.
B. 
Restraining And Correcting Of Violations. Anyone who either as owner, contractor, agent, employee or otherwise, erects, constructs, reconstructs, alters, converts or maintains any building or structure or uses land in violation of this Chapter or other regulation made under authority of this Chapter, may be restrained by appropriate action or proceedings from such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or may be made to correct or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such premises, and the Director of Public Works is hereby empowered to cause any building, structure, place or premises to be inspected or examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this Chapter or the regulations made under authority of this Chapter.
A. 
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred and fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
B. 
Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 and 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred and fifty dollars ($250.00).
[CC 1961 §23.22.4; Ord. No. 2974 §23.22.4, 6-20-1988]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter, nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Chapter imposes a greater restriction, this Chapter shall control.