City of pleasant hope missouri municipal code

Section 405.160: Recordation of Order of the Board of Adjustment

Whenever the Board of Adjustment shall have acted upon an appeal, request or variance, the Board shall cause its order granting or denying said appeal or application to be recorded in the records of the Polk County Recorder of Deeds. However, no order shall be recorded until the order has become final by the passage of thirty (30) days from the date said order is filed with the City Clerk without an action being filed in a court of competent jurisdiction challenging the issuance of said order or until a court of competent jurisdiction upholds said order if it is challenged within the thirty (30) day period.

Section 405.170: Judicial Review - Board of Adjustment Action

Any person aggrieved by any decision of the Board of Adjustment made under the provisions of this Chapter may seek judicial review of such decision in accordance with the provisions of Section 89.110, RSMo.

Section 405.180: Amendments

Sub Section A. Amendments Authorized.

The Board of Aldermen may from time to time by ordinance amend, supplement, change, modify or repeal the boundaries of the zoning districts or the zoning regulations herein or subsequently established. The Board of Aldermen must receive the recommendation and report of the Planning and Zoning Commission before it may take any such action.

Sub Section B. Initiation of Amendment

Amendments may be proposed by any Pleasant Hope citizen, property owner organization or governmental body. Applications for amendments initiated by the Commission or the Board of Aldermen shall be accompanied by a motion of such body pertaining to the proposed amendment.

Sub Section C. Application for Amendment

An application for an amendment, along with pertinent data and information as may be proscribed by the Commission, shall be submitted to the City at least thirty (30) days prior to the public hearing to be held by the Commission on the application. The application shall be on forms provided by the City Clerk and shall contain the following information, dependent on the type of application submitted:

1. 
   For amendments to zoning district classification (rezonings):
   

1. 
   The name, address and phone number of the applicant.
   
2. 
   The name of the person, firm or organization holding title to such real estate and if different than the applicant, the owner's signed consent to the filing of the application and authorization for the applicant to act on the owner's behalf.
   
3. 
   Legal description of the property proposed for rezoning.
   
4. 
   The street address of such real estate and if there is no street address, a sufficient description of the location of said real estate to enable the ordinary person to determine its location.
   
5. 
   The current zoning classification of the property, the current use of the property and the zoning classification requested.
   
6. 
   Such additional information that the Commission may, by rule, require.
   

1. 
   For amendments to the zoning regulations text:
   

1. 
   The name, address and phone number of the applicant.
   
2. 
   The Section of the text of the Zoning Regulations proposed to be amended.
   
3. 
   The wording of the proposed text amendment.
   
4. 
   An identification of any property owned, controlled or occupied by the applicant that would benefit from the proposed amendment.
   
5. 
   An explanation of the extent to which other properties in the City that are subject to the regulations would be affected by the proposed amendment.
   
6. 
   Such additional information that the Commission may, by rule, require.
   

Sub Section D. Actions by the Commission

1. 
   Public hearing. The Commission shall hold a public hearing on all proposed amendments. Notice of public hearing shall be given in accordance with the provisions of Section 405.190. The applicant or his/her agent shall present evidence to the Commission in regard to the applicant's request for the amendment.
   

2. 
   Commission recommendations. Within thirty (30) days of the public hearing, except when the applicant requests that the amendment be postponed, the Commission shall make written findings of fact on the proposed amendment and shall submit same together with its recommendations to the Board of Aldermen. The Commission shall not, however, forward its recommendations to the Board of Aldermen when the applicant or his/her agent did not appear at the public hearing before the Commission and present evidence in regard to the applicant's request for the proposed amendment.
   

Sub Section E. Actions by the Board of Aldermen

1. 
   Commission report. The Board of Aldermen shall take no action on a proposed amendment until the report or a recommendation of the Commission has been submitted. A scheduled meeting shall be held by the Board of Aldermen to take action on the proposed amendment.
   

2. 
   Protest petitions. In case of a protest against such change or amendments 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 feet (185) feet from the boundaries of the district proposed to be changed, then the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen shall be required for the amendment to be enacted.
   

Section 405.190: Notice of Public Hearing

Sub Section A. Board of Adjustment Public Hearings

1. 
   Notice of public hearing before the Board of Adjustment on any request, appeal or variance shall be in accordance with the following:
   
2. 
   Notice of public hearing shall be given by publication in a newspaper of general circulation in the City of Pleasant Hope at least fifteen (15) days prior to said hearing.
   
3. 
   Notice of public hearing shall be posted in two (2) conspicuous places on the subject property not less than ten (10) days prior to the public hearing.
   
4. 
   Notice of public hearing shall be provided by first class mail to the record owners of property within two hundred fifty (250) feet of the subject property.
   

Sub Section B. Planning and Zoning Commission Public Hearings

1. 
   Rezoning’s and conditional use permits. Notice of public hearing before the Commission on rezoning’s and conditional use permits shall be in accordance with the following:
   

1. 
   Notice of public hearing shall be given by publication in a newspaper of general circulation in the City of Pleasant Hope at least fifteen (15) days prior to said hearing.
   
2. 
   Notice of public hearing shall be posted in two (2) conspicuous places on the subject property not less than ten (10) days prior to the public hearing.
   
3. 
   Notice of public hearing shall be provided by first class mail to the owner of record per Polk County Assessor website on property within two hundred fifty (250) feet of the subject property.
   

2. 
   Text amendments. Notice of public hearing before the Commission on any amendment to the text of these regulations shall be given by publications in a newspaper of general circulation in the City of Pleasant Hope at least fifteen (15) days prior to said hearing.
   

Sub Section C. Contents of Public Hearing Notice

All notices of public hearing required by this Article shall include the following information:

1. 
   Name of the applicant.
   
2. 
   Name of the property owner, if different than the applicant (not required for text amendment).
   
3. 
   Street address or common description of the property involved (not required for text amendment).
   
4. 
   Legal description of the property involved (not required for text amendment).
   
5. 
   Concise description of the nature of the request.
   
6. 
   Date, time and place of the public hearing.
   
7. 
   Place at which further information regarding the request can be obtained.
   

Sub Section D. Party Responsible For Public Notice

The City shall be responsible for providing newspaper and mail notice of all hearings required pursuant to this Section. The applicant shall be responsible for the posting of notices on the subject property. Said signs shall be provided by the City and a deposit shall be required on said signs. The applicant shall be charged for the costs incurred to provide public notice.

Sub Section E. Substantial Compliance of Public Notice

With respect to the mailing of notices of public hearing, which are considered directory and not mandatory, substantial compliance with such provisions shall be deemed to constitute proper notice.