City of Willard, MO Part 6 Amendments

Section 400.350 Amendments.

[Ord. No. 020227 §1(3.23), 2-27-2002; Ord. No. 101228C §1, 12-28-2010]

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 regulations herein or subsequently established. The Board of Aldermen must receive the recommendation and report of the Commission before it may take any such action.

B. Initiation Of Amendment. Amendments may be proposed by the Board of Aldermen, the Planning and Zoning Commission or by any person owning or having an interest in property in the City of Willard. If the Board of Aldermen initiates an amendment, the Board's proposal shall be transmitted to the Commission for the Commission's report and recommendation.

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

1. For changes in the zoning district classification (rezoning).

a. Applicant's name, address, phone number and interest in the property.

b. Owner's name, address and phone number 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.

c. The street address of such property and if there is no street address, a sufficient description of the location of said property to enable the ordinary person to determine its location.

d. Legal description of the property proposed for rezoning.

e. The current zoning classification of the property and current use of the property.

f. The amendment or zoning classification requested.

g. The names and addresses of all property owners within one hundred eighty-five (185) feet of the subject property. The list of property owners shall be compiled from the property ownership records of the Greene County Assessor's office or by a title company authorized to issue title policies in the State of Missouri.

h. Such additional information that the Commission may, by rule, require.

i. Application fee in the amount of fifty dollars ($50.00).

2. For text amendments.

a. The name, address and phone number of the applicant.

b. The Section of the text of the ordinance proposed to be amended.

c. The wording of the proposed amendment.

d. An identification of any property owned, controlled or occupied by the applicant that would be benefited by the proposed amendment.

e. An explanation of the extent to which other properties in the City that are subject to the regulations proposed to be amended would be affected by the proposed amendment.

f. Application fee in the amount of fifty dollars ($50.00).

D. Public Hearing Before Commission. The Commission shall hold a public hearing on all proposed amendments in zoning district classifications or the text of this Chapter. Notice of public hearing shall be provided in accordance with the requirements of Section 400.360. The applicant or his/her agent shall present evidence to the Commission in regard to the applicant's request for the amendment.

E. Commission Recommendations. Within thirty (30) days after the public hearing, except when the applicant requests the amendment be tabled, the Commission shall make one (1) of the following recommendations in connection with the proposed amendment in zoning district classification or the text of this Chapter:

1. Recommend against the proposed change in zoning district classification or the text of the ordinance;

2. Recommend a change in the zoning district classification or the text of this Chapter;

3. Recommend a change in the zoning district classification or the text of this Chapter together with recommendations that, in the judgment of the Commission, will protect adjacent or other affected property and ensure that the proposed amendment is consistent with the intent of this Chapter and the Willard Comprehensive Plan.

F. Report Of Commission Action Taken. 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 at the meeting before the Commission the applicant or his/her agent did not appear and present evidence in regard to the applicant's request for the amendment.

G. Public Hearing Before Board Of Aldermen. A public hearing shall be held before the Board of Aldermen before adopting any proposed amendment, change, supplement or repeal to this Chapter. Notice of public hearing shall be made in accordance with the requirements of Section 400.360.

H. Evidentiary Matters Before Board Of Aldermen.

1. No person shall present testimony to the Board of Aldermen which is substantially different from that presented to the Commission at its hearing on the matter and no exhibit will be accepted by the Board of Aldermen that has not been presented to the Commission at its hearing on the matter. However, this Subsection is not intended to prevent the introduction of new testimony, new exhibits or other new evidence when there is a clear showing, as determined by a majority of the Board of Aldermen, that the introduction of such evidence before the Commission was not in good faith, reasonably possible.

2. Should a person present testimony that is substantially or materially different from that presented to the Commission at its hearing on the matter or should an exhibit be offered that has not been presented to the Commission at its hearing on the matter, subject to the exception contained in Subsection (H)(1), any person on the opposing side of the matter before the Board of Aldermen may claim prejudice from such presentation or offering and the Board of Aldermen shall upon such a claim have sole discretion to determine whether the person claiming prejudice has in fact been prejudiced from such presentation or offering. Upon a determination that a prejudice exists, the Board of Aldermen shall refer the matter back to the Commission for a new notice and public hearing.

I. Actions Of Board Of Aldermen.

1. When the Commission has recommended a change in zoning district classification or the text of this Chapter together with recommendations for additional requirements pursuant to Subsection (E)(3), the Board of Aldermen shall have the discretion to accept, reject or make other or additional requirements. Any such requirements shall become a part of the ordinance changing the zoning classification of such property or the text of this Chapter. Such requirements regarding a change in zoning district classification shall be considered as an amendment to this Chapter insofar as it is applicable to such property. Such requirements shall be considered as conditions precedent to the granting of a certificate of occupancy and there shall be compliance with such requirements before a certificate of occupancy will be issued by the City Clerk for the use or occupancy of the building, land or structure on such property.

2. The Board of Aldermen shall not consider any zoning classification for a property in cases which involve a change from an existing zoning classification to another other than the zoning classification requested in the amendment application or the zoning classification expressly stated as considered by the motion of the Commission in its written report to the Board of Aldermen. If the applicant files a written request with the City Clerk prior to the final action of the Board of Aldermen stating that the applicant will pay the fees set forth for a zoning amendment application, then the Board of Aldermen may consider such different zoning classification only after referring the written request to the Commission for new public hearing and after receipt of the Commission's written report and decision and after new notice and public hearing before the Board of Aldermen.

J. Limitations On Rezoning Applications. No application for rezoning of any tract, lot or parcel of land shall be allowed prior to the expiration of six (6) months from the time the Board of Aldermen shall have finally acted on any application for rezoning of all or any part of the same lot, tract or parcel, unless the application previously acted upon was initiated by the Commission or the Board of Aldermen or unless the applicant can demonstrate substantial change in condition that should warrant consideration of a new application.

K. Two-Thirds (2/3) Majority Necessary When Protest. In case of a protest against a rezoning amendment 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 (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.