[Ord. No. 336 Art.
24, 12-14-1999]
A. This
Article describes the process to be used for any requests for zoning
changes or rezoning of property which are presented to the Village
Government. It should also be noted that the Board of Trustees has
the authority by State Statutes to initiate on its own any rezoning
or zoning changes when such changes are deemed to be in the best interest
of the Village.
B. The
process for zoning changes is as follows:
1. Procedure. The Board of Trustees may by ordinance,
on its own motion or on application amend, supplement, change, modify
or repeal the boundaries or zoning designation of districts herein
established under the procedures herein provided and following referral
thereof from the Planning and Zoning Board in accordance with the
Section.
2. Application — Village Clerk. Applications
for district changes shall be filed in writing with the Village Clerk
who shall place the application before the Planning and Zoning Board
after determining that it is in proper form as provided herein. All
applications, except those proposed by the Board of Trustees or the
Village Planning and Zoning Board, shall be accompanied by a fifty
dollar ($50.00) fee to be returned to the applicant only if such publication
is not made. A copy of the application shall remain on file with the
Village Clerk for public inspection until final action thereof.
3. Additional information. The Board of Trustees or
the Village Planning and Zoning Board may provide forms for applications
and may require applicants to provide plats and other documents or
other information it may determine to be of value in acting upon the
application. The Planning and Zoning Board may request the opinions
and recommendations of other City boards and officers upon applications.
4. Finding of facts.
a. Upon receipt of an application in proper form, said request shall
first be referred by the Village Clerk to the Planning and Zoning
Board (the Village Board of Trustees shall also be notified of the
zoning request to allow the Trustees time to plan for the establishment
of a public hearing date).
b. The Planning and Zoning Board shall send the application to the Board
of Trustees with its recommendations relating thereto and showing
the number of votes for and against its action and must include the
finding of facts.
c. The Planning and Zoning Board shall consider all zoning requests
in a manner that meets a finding of facts. The finding of facts is
as follows:
(1)
Relationship of the proposed amendment to goals and outlines
of the long-range physical plan of the Village of Country Club, Missouri.
(2)
Existing uses of property within the general area of the property
in question.
(3)
The zoning classification of property within the general area
of the property in question.
(4)
The suitability of the property in question to the uses permitted
under the existing zoning classification.
(5)
The trend of development, if any, in the general area of the
property in question, including changes, if any, which have taken
place in its present zoning classification.
(6)
Consideration of area residents.
5. Public hearing by Trustees. No amendment, supplement
or change of the regulations or restrictions or boundaries of districts
shall become effective until after the Board of Trustees has held
a public hearing in relation thereto, at which parties in interest
and citizens shall have an opportunity to be heard. At least fifteen
(15) days' notice of the time and place of such hearing shall be published
in a newspaper of general circulation in Country Club Village. The
Board of Trustees may provide for the posting of notices of the hearing
on the tract and for other means of notifying the public or interested
persons of the proceedings.
6. Approval or denial by Trustees. In case of an adverse
report by the Country Club Village Planning and Zoning Board or if
a protest against such proposed amendment, supplement, change, modification
or repeal shall be presented in writing to the Village Clerk duly
signed and acknowledged by the owners of ten percent (10%) or more
either of the area of the land (exclusive of streets, places and alleys)
included within such proposed amendment, supplement, change, modification
or repeal or within an area determined by lines drawn parallel to
and one hundred eighty-five (185) feet distance from the boundaries
of the district proposed to be changed, such amendment, supplement,
change, modification or repeal shall not become effective except by
the favorable vote of three-fourths (¾) of all the members
of the Board of Trustees.
7. Reapplication. No application for a rezoning shall
be accepted by the Village if the application is made within two (2)
years of the official rejection of a previous application seeking
a zoning change for the same, larger or smaller tract of property.