[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.
