HomeMy WebLinkAboutOrd.279.11-20-1985 r�,
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BILL N0. 85-98 ORDINANCE N0. � (
AN ORDINANCE AMENDING SECTION 30-5 OF THE
CITY CODE TO AUTHORIZE THE CITY MANAGER TO
SCHEDULE CERTAIN PUBLIC HEARINGS RELATING TO
ZONING MATTERS
WHEREAS, the City Planning and Zoning Commission has
recornmended that Section 30-5 of the Code of Ordinances of the
City of Cape Girardeau, Missouri , be amended to authorize the
City Manager to schedule certain public hearings relating to
zoning matters; and
WHEREAS, public notice of such change was given as
prescribed in Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri , and a public hearing was held on
Wednesday, November 6 , 1985 ; and
WHEREAS, the City Council of the City of Cape Girardeau ,
Missouri , has elected to follow the recommendation of the
Planning and Zoning Commission;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS:
SECTION 1 . Section 30-5 ( f) of the Code of Ordinances of
the City of Cape Girardeau, Missouri , reading as follows :
( f ) If the planning and zoning commission
recommends approval of an application in whole or in
part, the city council shall set a public hearing as
provided in section 30-5 (h) . If the planning and
zoning commission recommends rejection of an
application in full , the city council may set a public
hearing as provided in section 30-5 (h ) upon its own
motion or the city council may by motion file such
recommendation of rejection , and the application shall
thereupon be deemed rejected unless , within ten ( 10 )
days from such filing, the applicant files a written
request with the city clerk for a public hearing under
section 30-5 (h ) , or makes an oral request therefor at
a regular or special meeting of the city council ,
whereupon the city council shall set such a public
hearing. If the city council fails to approve an
application in whole or in part within thirty-five
( 35 ) days after the public hearing, such application
shall be deemed to have been rejected in full , unless
,,,� the city council shall have expressly extended such
time period prior to the expiration thereof .
is hereby repealed .
/"`� SECTION 2 . A new Section 30-5 ( f ) of the Code of Ordinances
of the City of Cape Girardeau, Missouri , is hereby enacted to
read as follows :
( f ) If the planning and zoning commission
recommends approval of an application in whole or in
part, the city manager shall , without delay, set a
public hearing as provided in section 30-5(h ) at the
earliest possible regular council meeting, The city
council may reschedule any hearing set by the city
manager . If the planning and zoning commission
recommends rejection of an application in full , the
city council may set a public hearing as provided in
section 30-5 (h ) upon its own motion or the city
council may by motion file such recommendation of
rejection , and the application shall thereupon be
deemed rejected unless , within ten ( 10 ) days from such
filing, the applicant files a written request with the
city clerk for a public hearing under section 30-5 (h ) ,
or makes an oral request therefor at a regular or
special meeting of the city council , whereupon the
city council shall set such a public hearing. If the
city council fails to approval an application in whole
or in part within thirty-five ( 35 ) days after the
public hearing, such application shall be deemed to
�., have been rejected in full , unless the city council
shall have expressly extended such time period prior
to the expiration thereof .
SECTION 3 . If any section , subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .
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PASSED APdD APPROVED THIS `� L��%�, DAY OF ���`=—C�' z..���� , 1985 .
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Howard C . Tooke, Mayor
ATTEST:
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�.�, Alvin M. Stoverin , City C erk