[R.O. 2008 §400.010; Ord. No. 4984 §1, 6-10-1991]
In order for the City to avail itself of the powers conferred
by Sections 89.010 to 89.140, RSMo., there is hereby created and appointed
a commission to be known as the Zoning Commission.
[Ord. No. 7206 §1, 4-26-2010; Ord. No. 7208 §1, 5-10-2010]
A.
The Planning Commission shall consist of not more than fifteen (15)
nor less than seven (7) members, including:
1.
The Mayor, if the Mayor chooses to be a member;
2.
A member of the Council selected by the Council, if the Council
chooses to have a member serve on the Commission; and
3.
Not more than fifteen (15) nor less than five (5) citizens appointed
by the Mayor and approved by the Council. Members of the Commission
shall be a resident of the City of Maryville no less than one (1)
year prior to being appointed. All citizen members of the Commission
shall serve without compensation. The term of each of the citizen
members shall be for four (4) years, except that the terms of the
citizen members first appointed shall be for varying periods so that
succeeding terms will be staggered. Any vacancy in a membership shall
be filled for the unexpired term by appointment as aforesaid. The
Council may remove any citizen member for cause stated in writing
and after public hearing.
[R.O. 2008 §400.030; Ord. No. 4984 §1, 6-10-1991]
The members of the Zoning Commission shall meet the third Wednesday
of each month. They shall select one (1) of their citizen members
as Chairman, one (1) as Vice Chairman, and a Secretary each of whom
shall serve one (1) year from the first (1st) day of May of the year
in which they are selected or until their successors have been selected
by the Commission. Special meetings may be called at any time by the
Chairman or, in his/her absence, by the Vice Chairman. A majority
of the Commission shall constitute a quorum for the transaction of
business. The Commission shall cause a proper record to be kept of
its proceedings and prepare and adopt rules for the transaction of
its business.
[R.O. 2008 §400.040; Ord. No. 4984 §1, 6-10-1991]
All requests, from whatever source, for any amendment, supplement,
change, modification or repeal of such regulations and restrictions
as may be contained in the Zoning Ordinance, including amendments
to the boundaries of the Zoning Districts or classifications indicated
on the Official Zoning Map, shall be made in accordance with the requirements
and procedures as provided in this Chapter.
[R.O. 2008 §400.050; Ord. No. 4984 §1, 6-10-1991]
The term "rezoning" shall mean the proposed
amendment, change or modification of the boundaries of zoning districts
or classifications indicated on the Official Zoning Map.
[R.O. 2008 §400.060; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6023 §1, 1-26-1998; Ord. No. 6585 §§1 — 2, 9-15-2003; Ord. No. 6690 §§1 — 2, 9-27-2004]
A.
All
applications for rezoning shall be made by written application to
the Administrative Secretary, Public Works, on forms provided therefor.
Unless the application shall conform in all respects to the requirements
of this Chapter, it shall not be accepted by the Administrative Secretary,
Public Works.
B.
Information Required. An application for rezoning shall
contain the following information:
1.
Plot plan of the property affected by the proposed rezoning drawn
to a scale of not smaller than one (1) inch equals fifty (50) feet
and indicating thereon the dimensions of the property, the dimensions
and locations of any buildings or structures, driveway access to public
right-of-way, on-site drives and off-street parking areas located
thereon and all public and private rights-of-way including utility
easements bounding or intersecting the property;
2.
List the names and current mailing address of owners, together with
the street address and legal description of all property (exclusive
of streets and alleys) within one hundred eighty-five (185) feet distance
from the boundary of the property effected by the proposed rezoning.
This list shall be prepared and certified by a qualified abstractor
or by the Nodaway County Assessor's Office;
3.
Present zoning classification and use of the property affected by
the rezoning;
4.
Requested zoning classification and desired use of the property affected
by the rezoning; and
5.
Justification for the zoning requested.
C.
Application Fee. The application shall be accompanied by
a filing fee based on the area of property for which rezoning is requested,
computed as follows:
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For the first 10,000 square feet
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$125.00
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For the next 60,000 square feet per each 1,000 square feet or
fraction thereof
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$1.00
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For the next 130,000 square feet per each 1,000 square feet
or fraction thereof
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$0.50
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D.
Postage Fee. In addition to the non-refundable application fee described above, the application shall also be accompanied by a non-refundable postage fee which shall be computed by the Administrative Secretary, Public Works, by multiplying the number of certified mailings required to landowners within a one hundred eighty-five (185) foot distance from the boundary of the property affected by the proposed rezoning by the then applicable postal rates for such certified mail. The number of mailings shall be computed based upon the information provided in accordance with Subsection (B) above.
E.
Time Of Application. The Administrative Secretary, Public
Works, shall note the date of filing of the application.
[R.O. 2008 §400.070; Ord. No. 4984 §1, 6-10-1991]
All requests for an amendment of the text of the Zoning Ordinance
shall be made by written application to the City Clerk and shall state
the wording of the proposed amendment of the Zoning Ordinance including
the portions thereof to be repealed or modified and the reasons therefor.
[R.O. 2008 §400.080; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5567 §1, 7-28-1997; Ord. No. 6015 §1, 12-15-1997; Ord. No. 6508 §1, 10-28-2002]
A.
Upon
acceptance of an application by the Director of Public Works or his/her
designee, a public hearing thereon shall be held by the Zoning Commission
at the next regular meeting thereof which occurs at least three (3)
weeks following the date of acceptance.
1.
Notice of rezoning hearing. Prior to the public
hearing before the Zoning Commission as required pursuant to this
Section, notice thereof shall be given in compliance with the following
provisions:
a.
The owners of all property within a one hundred eighty-five (185)
feet distance from the boundary of the property affected by a rezoning
application shall be furnished written notice by certified mail at
least ten (10) days prior to the hearing. Said notice shall set forth
the nature of the proposed rezoning and the date, time and location
of the hearing before the Zoning Commission. The hearing under this
Section may be held irrespective of the actual receipt of the notice
by all property owners if the notices were mailed by certified mail
at least twelve (12) days prior to the hearing.
b.
All members of the Zoning Commission shall be furnished written notice
at least ten (10) days prior to the hearing. Said notice shall set
forth the nature of the proposed rezoning and the date, time and location
of the hearing before the Zoning Commission.
2.
Zoning Commission hearing. The Zoning Commission
shall conduct a hearing at which parties in interest and citizens
shall have an opportunity to be heard. The Commission may require
the applicant to furnish such additional information as may be necessary
for a full understanding of the proposed rezoning.
Prior to any vote by the Zoning Commission to either approve
or disapprove the application, the Zoning Commission shall first specifically
consider and answer the following as they relate to the property for
which rezoning is sought.
a.
A specific description of the zoning request, including both the
current zoning of the property and the proposed new zoning.
b.
How the proposed rezoning relates to the current zoning map of the
City of Maryville, including whether there are similar or contiguous
zones to the property to be sought to be rezoned and/or whether the
rezoning would provide a transitional buffer zone.
c.
The anticipated use of the property including the changes in density,
both as to structures and number of people, based upon the applicant's
stated intended use of the property.
d.
The maximum use to which the property could be subjected under the
allowable limits of the rezoning designation sought by the applicant,
including maximum density of number of structures, maximum density
of people and a description of the maximum types of other uses allowable
under the proposed zoning designation.
e.
Citation to any other zone(s) to which the property could be rezoned
which would allow the use of the property as stated by the applicant
but which would be a lower density or use designation than the rezoning
designations sought by the applicant.
3.
Continuance of the hearing. For good cause shown
by the application, by the City or upon its own motion, the Zoning
Commission may recess or continue a hearing to a date certain. Notice
shall be posed advising the public of such continuance.
4.
Withdrawal of application. The applicant may withdraw
his/her application by filing a written request with the City Clerk
at any time. However, no refund of the deposit shall be made upon
such withdrawal.
5.
Zoning Commission finding and recommendation. At
the conclusion of the hearing, after fully considering the application,
any input from citizens and City staff, and the discussion regarding
the issues set forth in Subparagraph (2) above, the Zoning Commission
shall vote to either approve or disapprove the application. In its
discretion, the Zoning Commission may recommend approval of rezoning
to a zoning classification other than that requested in the application,
if the desired use of the applicant would be permissible in that zone
and the applicant files written concurrence. The Zoning Commission
shall immediately forward its recommendation for disposition of the
application to the City Clerk, which recommendation shall be accompanied
by the answers as determined by the Zoning Commission to the property
use questions enumerated in Subparagraph (2) above.
[R.O. 2008 §400.090; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6508 §1, 10-28-2002]
A.
Following action by the Zoning Commission, the City Clerk shall transmit the application to the Council together with the recommendations and findings of the Zoning Commission and shall include a copy of the determination by the Zoning Commission as to the property use questions enumerated in Section 400.080. The Council shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard. The City Clerk shall schedule the public hearing on the agenda for the next regular Council meeting following the final action of the Zoning Commission for which publication requirements can be satisfied.
1.
Notice of hearing before the Council. At least
fifteen (15) days prior to the hearing, the City Clerk shall publish
notice of the time and place of the public hearing before the Council
in a newspaper of general circulation in the City. Additionally, said
notice shall describe the nature of the proposed rezoning and the
property affected by the rezoning by both legal description and location
by address or other general description.
2.
Decision of the Council. Following the public hearing,
the Council shall vote to approve or deny the application. The decision
of the Council to approve or deny the application shall be by introduction
of a bill in the form of an ordinance on the agenda following the
public hearing. The ordinance shall provide that it shall be effective
upon passage and adoption.
3.
Effect of protest petition. In case of a protest
against a change in zoning regulations or boundaries by petition as
provided by Section 89.060, RSMo., such amendment shall not become
effective except by the favorable vote of two-thirds (⅔) of
all the members of the Council.
4.
Reconsideration of application. Once denied by the
Council, no subsequent application for rezoning of a particular parcel
of land to the zone which was denied will be accepted until one (1)
full year shall have elapsed from the date of the previous denial
by the Council.
