[R.O. 1994 § 405.875; Ord. No.
94-8 Art. 14 § 1, 5-10-1994]
The City of Lake Ozark Governing Body from time to time may
supplement, change or generally revise the boundaries or regulations
contained in zoning regulations by amendment. A proposal for such
amendment may be initiated by the Governing Body or the Planning and
Zoning Commission. If such proposed amendment is not a revision of
the existing regulations and affects specific property, the amendment
may be initiated by application of the owner of property affected.
Applications for special use permits shall be considered by the same
procedure as zoning district amendments. Any such amendment, if in
accordance with the adopted Comprehensive Plan, shall be presumed
to be reasonable.
[R.O. 1994 § 405.878; Ord. No.
94-8 Art. 14 § 2, 5-10-1994]
All such proposed amendments first shall be submitted to the
Planning and Zoning Commission for recommendation. The Planning and
Zoning Commission shall hold a public hearing thereon at its next
regular meeting for which the application may be scheduled, shall
cause an accurate written summary to be made of the proceedings and
shall give notice in like manner as that required for recommendations
on the original proposed zoning regulations. Such notice shall fix
the time and place for such hearing and contain a statement regarding
the proposed changes in regulations or restrictions or in the boundary
or classification of any zone or district. If such proposed amendment
is not a general revision of the existing regulations and affects
specific property, the property shall be designated by legal description
or a general description sufficient to identify die property under
consideration.
[R.O. 1994 § 405.880; Ord. No.
94-8 Art. 14 § 3, 5-10-1994]
In addition to such publication notice, written notice of such
proposed amendment shall be mailed at least fifteen (15) days before
the hearing to all owners of record of lands located within at least
one hundred eighty-five (185) feet of the area proposed to be altered.
All notices shall include a statement that a complete legal description
is available for public inspection and shall indicate where such information
is available. When the notice has been properly addressed and deposited
in the mail, failure of a party to receive such notice shall not invalidate
any subsequent action taken by the Planning and Zoning Commission
or the Governing Body. Such notice is sufficient to permit the Planning
and Zoning Commission to recommend amendments to zoning regulations
which affect only a portion of the land described in the notice or
which give all or any part of the land described a zoning classification
of lesser change than that set forth in the notice. At any public
hearing held to consider a proposed rezoning, an opportunity shall
be granted to interested parties to be heard.
[R.O. 1994 § 405.882; Ord. No.
94-8 Art. 14 § 4, 5-10-1994]
A.
The procedure for the consideration and adoption of a recommendation
to amend zoning boundaries shall be in the same manner as that required
for the consideration and adoption of the original zoning regulations.
A majority of a quorum of the Planning and Zoning Commission at the
hearing shall be required to recommend approval or denial of the amendment
to the Governing Body. If the Planning and Zoning Commission fails
to make a recommendation on a rezoning request, the Planning and Zoning
Commission shall be deemed to have made a recommendation of disapproval.
When the Planning and Zoning Commission submits a recommendation of
approval or disapproval of such amendment and the reasons therefore,
the Governing Body may:
1.
Adopt such recommendation by ordinance;
2.
Override the Planning and Zoning Commission's recommendation
by a two-thirds (2/3) vote of the membership of the Governing Body;
or
3.
Return such recommendation to the Planning and Zoning Commission
with a statement specifying the basis for the Governing Body's failure
to approve or disapprove.
B.
If the Governing Body returns the Planning and Zoning Commission's
recommendation, the Planning and Zoning Commission, after considering
the same, may resubmit its original recommendation giving the reasons
therefore or submit a new and amended recommendation. Upon the receipt
of such recommendation, the Governing Body, by a simple majority thereof,
may adopt or may revise or amend and adopt such recommendation by
the respective ordinance or it need take no further action thereon.
If the Planning and Zoning Commission fails to deliver its recommendation
to the Governing Body following the Planning and Zoning Commission's
next regular meeting after receipt of the Governing Body's report,
the Governing Body shall consider such course of inaction on the part
of the Planning and Zoning Commission as a resubmission of the original
recommendation and proceed accordingly. The proposed rezoning shall
become effective upon publication of the respective adopting ordinance
or resolution.
[R.O. 1994 § 405.885; Ord. No.
94-8 Art. 14 § 5, 5-10-1994]
Any party desiring any change in zoning district boundaries
or regulations contained in this zoning ordinance, as to any lot,
tract or area of land, shall file with the City Clerk an application
and such application shall be accompanied by such data and information
as prescribed in these regulations.
[R.O. 1994 § 405.888; Ord. No.
94-8 Art. 14 § 6, 5-10-1994]
A.
For the purpose of wholly or partially defraying the costs of the proceedings herein, including publication costs, the applicant, upon the filing of the application, shall pay to the City Clerk a deposit in an amount as set forth in Section 405.920 of this Chapter. Promptly upon the filing of any such application, the City Clerk shall refer the application to the Planning and Zoning Commission for study and recommendation and shall report to the Governing Body concerning the nature of the application and that said application has been referred to the Planning and Zoning Commission.
B.
The City Clerk shall refund the amount of the deposit to the applicant,
less the actual costs incurred by the City, upon a written finding
of the City Administrator that a refund is due to the applicant at
the conclusion of all proceedings of the application.
[R.O. 1994 § 405.890; Ord. No.
94-8 Art. 14 § 7, 5-10-1994]
Upon the adoption or amendment of any such plan or part thereof
by adoption of the appropriate resolution by the Planning and Zoning
Commission, a certified copy of the plan or part thereof, together
with a written summary of the hearing thereon, shall be submitted
to the Governing Body. No Comprehensive Plan shall be effective unless
approved by the Board of Aldermen. An attested copy of the Comprehensive
Plan and any amendments thereto shall be sent to all other taxing
subdivisions in the planning area which request a copy of such plan.
[R.O. 1994 § 405.892; Ord. No.
94-8 Art. 14 § 8, 5-10-1994]
A.
In order to recommend, approve or disapprove a proposed zoning district
amendment, the Planning and Zoning Commission shall make findings
of fact to determine whether the application is found to be compatible
with the following:
1.
Character of the neighborhood.
2.
Consistency with the Comprehensive Plan and ordinances of the
City of Lake Ozark.
3.
Adequacy of public utilities and other needed public services.
4.
Suitability of the uses to which the property has been restricted
under its existing zoning.
5.
Compatibility of the proposed district classification with nearby
properties.
6.
The extent to which the zoning amendment may detrimentally affect
nearby property.
7.
Whether the proposed amendment provides a disproportionately
great loss to the individual land owners nearby relative to the public
gain.
[R.O. 1994 § 405.895; Ord. No.
94-8 Art. 14 § 9, 5-10-1994]
Regardless of whether or not the Planning and Zoning Commission
approves or disapproves a zoning amendment, if a protest against such
amendment is filed in the office of the City Clerk within fourteen
(14) days after the date of the conclusion of the public hearing pursuant
to said publication notice, signed 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 (185) feet
distant from the boundaries of the district proposed to be changed,
such amendment shall not become effective except by the favorable
vote of two-thirds (2/3) of all the members of the Governing Body.
