(a) Generally. The board of aldermen may, from time to time, on its own motion, upon recommendation of the zoning commission or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries, districts, regulations or restrictions established in this chapter. Any amendment, supplement, change, modification or repeal shall first be submitted to the zoning commission for its recommendation and report.

(b) Petition.

(1) Petitions for any change of zoning district classification as indicated on the zoning district map of the city shall be addressed to the board of aldermen and filed with the city administrator upon forms prescribed for that purpose and accompanied by such plans, data and other information as may be required by the zoning commission so as to assure the fullest practicable presentation of facts, and accompanied by a fifty-dollar nonrefundable filing fee.
(2) Each such petition, other than those initiated by the board of aldermen or the zoning commission, shall be verified by at least one of the owners or authorized representatives of the owner of the property in question, attesting to the truth and accuracy of all facts and information presented therein. The petitioner, at his option, may request that a verbatim record be made of the public hearing. If the petitioner elects to request a verbatim record, the actual cost of such shall be borne by the petitioner, and the petitioner shall deposit one hundred dollars toward the cost of such, to be appropriately adjusted when the actual cost is known.
(3) Upon filing of the petition with the city administrator or upon initiation of a resolution of intention by the board of aldermen or the zoning commission, the city administrator shall:

a. Cause public notice of hearing to be given as follows: Publication at least once in some daily, tri-weekly, semi-weekly or weekly newspaper of general circulation in the city which shall have been admitted to the post office as second class matter and shall have been published regularly and consecutively for a period of three years. Publication shall commence not more than thirty nor less than fifteen days before the hearing date. Every affidavit of proof of publication shall state that such publication and the newspaper in which notice was published have met the requirements of the foregoing provisions and those of chapter 493 of the Revised Statutes of Missouri, governing legal publications, notice and advertisement. Notice shall contain, in addition to the legal description of the parcel of land, the approximate street location or address when possible, the name of the person seeking the zoning change, the present zoning district classification and the zoning district classification sought.
b. Cause a sign or signs to be placed on each parcel of land on which an application for a zoning district change has been filed with the zoning commission. Such sign or signs shall be placed on such land at least fifteen days prior to the public hearing to be held by the zoning commission, and shall be posted in a conspicuous place upon such land at a point nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway. The city administrator shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Section. Such public notice sign shall contain information indicating the date and time of public hearing, zoning change requested, place where the public hearing is to be held and additional information determined necessary to inform the public as to the nature of the pending petition. In the case of a City of Eureka initiated rezoning application, such public hearing signage posting requirement is waived, and in lieu of the posting of such signage, the City shall take all reasonable efforts to notify the owner of record of the subject property, as well as the owners of record of all adjoining property, of the public hearing by means of certified mail of the proposed rezoning.

(c) Publication of proposed general amendments. Amendments to this chapter which are of general nature, not pertaining to a specific property as in the case of a change in the boundaries of a zoning district, shall require publication of notice at least once in some daily, tri-weekly, semi-weekly or weekly newspaper of general circulation in the city which shall have been admitted to the post office as second class matter and shall have been published regularly and consecutively for a period of three years. Publication shall commence not more than thirty nor less than fifteen days before the hearing date. Every affidavit of proof of publication shall state that such publication and the newspaper in which notice was published has met the requirements of the foregoing provisions and those of chapter 493 of the Revised Statutes of Missouri, governing legal publications, notice and advertisement. Public notice for such general amendments shall not require posting of any signs. It shall not be necessary to publish notice or hold public hearings on amendments to this chapter pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this chapter.

(d) Public hearing. The zoning commission shall hold a public hearing on the proposed amendment petition within sixty days of the filing of a petition fully complying with the submission requirements.

(e) Review. Subsequent to public hearing, the zoning commission shall review all pertinent data, plans and other information presented to determine whether the subject proposal is consistent with sound planning practice, is compatible with existing area uses and developments, is not detrimental to the comprehensive city planning effort and is deemed desirable to promote the general welfare.

(f) Submission of commission report. The zoning commission shall then submit its report and recommendation to the board of aldermen for action. The zoning commission may recommend and the board of aldermen may enact by ordinance a zoning district classification other than that requested in the petition; provided, that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. District classification of the same use type as referred to in this section shall include Planned Commercial District in the C district classification and Planned Industrial District in the M district classification when a petition proposes a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the processing procedures for planned districts.

(g) Action by board. If a bill granting or denying the application is not introduced by the board of aldermen within ninety days after a report thereon by the zoning commission is received by the board of aldermen at a regular meeting, it shall be deemed denied, unless extended by resolution of the board of aldermen during the ninety-day period. No provision herein shall be construed to prevent the board of aldermen from initiating the procedure provided in this section by a resolution of intention at any time.

(h) Subsequent applications. From the date of the receipt and filing by the board of aldermen of the zoning commission's report and recommendation regarding a requested amendment to the zoning district boundaries of the city, no subsequent application requesting the same classification for the same tract of land or part thereof shall be accepted for processing within a twelve month period. However, any request for withdrawal of a legally filed petition may be denied, approved with prejudice or approved without prejudice by the zoning commission prior to official receipt and filing of the zoning commission's report and recommendation by the board of aldermen.

(i) Appeal procedure.

(1) Appeal by petitioner from recommendation of denial. Upon a recommendation of denial by the zoning commission of a petition, the applicant may file an appeal with the board of aldermen requesting a determination from that body. The appeal shall be in writing, filed within thirty days after the zoning commission's report is received by the board of aldermen at a regular board meeting and shall address the objections set forth in the commission's report recommending denial.
(2) Public hearing by board. Upon receipt of an appeal, the board of aldermen shall refer it to the zoning commission. The zoning commission shall report thereon to the board of aldermen disclosing in what respect the application and facts offered in support of the appeal either failed to alter the original recommendation or presented new facts or modifications which could warrant support of the application. The board of aldermen may affirm, reverse or modify, in whole or in part, any determination of the zoning commission. Before acting on any appeal, the board shall set the matter for public hearing and give written notice to the person filing the appeal and to all other persons who spoke on the matter of the petition at the public hearing before the zoning commission. An affirmative vote of two-thirds of the members of the whole board of aldermen shall be required to reverse, modify or amend any determination of the zoning commission. A majority vote of the whole board of aldermen shall be sufficient to affirm any determination of the zoning commission.

(j) Applications for permits, etc. Upon final approval of the petition by the board of aldermen applications for construction permits and certificates of occupancy may take place at the office of the building commissioner.

(k) Any application fees or deposits required by the City in conjunction with any application for action under this section is intended to defray the cost of review, analysis and consideration of same. Such costs may include, but not be limited to, legal or informational publications, signage, legal reviews, engineering and architectural reviews, ordinance preparation, hearings, surveys, studies and any other direct, indirect or third party costs. In the event that such fees are insufficient to cover such total costs for a specific application, the applicant shall deposit with the City such additional sums to cover the entire cost of such review upon request by the City.

See § 23-181(k) for the procedure for the processing of zoning ordinance amendments.