The Commission shall make or cause to be made surveys and studies of the existing conditions and probable future growth of the City and shall adopt a development and land use plan by resolution as a part of the City's Comprehensive Plan. This plan shall be prepared and adopted pursuant to the authority and restrictions of Sections 89.340 through 89.360, RSMo. (as now stated or as hereinafter amended), including the satisfaction of any public hearing requirements necessitated in compliance with said Statutes.

Sections 89.020 to 89.060, RSMo., authorize the Governing Body to adopt zoning regulations by ordinance and to define the area to be governed by these regulations. The steps, which must be followed for adoption, are as follows:

If the change is initiated by a private citizen, the Commission shall permit the individual to present the proposed amendment and the reasons for it at a regular meeting of the Commission. Based on the information presented at such meeting, the Commission shall determine whether the proposal is worthy of consideration as an amendment. If it is determined that the proposal has merit, the Commission shall set a date for a public hearing. The Planning and Zoning Department shall be responsible for having an official notice of public hearing published in a newspaper of general circulation at least fifteen (15) days prior to the hearing. This notice shall fix the time and place of the hearing and describe in general terms the proposed change. At the public hearing, citizens and parties of interest shall have an opportunity to be heard.

If either the Commission or the Governing Body initiates the text amendment, a public hearing shall be scheduled by the Commission. The Planning and Zoning Department shall be responsible for having an official notice of public hearing published in a newspaper of general circulation at least fifteen (15) days prior to the hearing. This notice shall fix the time and place of the hearing and describe in general terms the proposed change. At the public hearing, citizens and parties of interest shall have an opportunity to be heard.

The public hearing may be adjourned from time to time and upon its conclusion, the Commission shall prepare and adopt its recommendation to the Governing Body. This recommendation shall be submitted along with an accurate record of the public hearing. For action on zoning amendments, a quorum of the Commission must be present. A quorum is more than one-half (½) the total membership of the Commission. A vote either for or against an amendment by a majority of the quorum constitutes a recommendation of the Commission. When neither a vote for nor a vote against the amendment has a majority of the quorum, it constitutes a "failure to recommend". Consequently, another recommendation must be made.

Protest petitions will be available in the planning and zoning office and must be filed within three (3) working days after the conclusion of the public hearing by the Commission. The petitions must be signed by all owners, including a spouse in jointly owned property, notarized and submitted within the three (3) day period in order to be valid. A sample form is included as part of this manual. In computing the protest area, it should be pointed out that the requirement is a protest by the owners of thirty percent (30%) or more of the land area to be affected by the proposed change and not thirty percent (30%) of the total number of owners; and that area devoted to public streets and rights-of-way is excluded from the computations. Protests or proposed zoning changes are allowed pursuant to Section 89.060, RSMo.

The Governing Body shall consider the proposed amendment, although not until the three (3) day protest period has expired, and may approve the recommendation of the Commission or take whatever action it deems necessary. If an adequate number of protest petitions have been filed, the change can be approved only by at least a two-thirds (2/3) vote of all the members of the Governing Body pursuant to Section 89.060, RSMo. If the Governing Body approves the requested change, it shall adopt an ordinance to that effect.

The applicant shall first obtain the proper application form from the office of the Zoning Administrator (located within City Hall for the City of Bolivar) and receive a complete explanation of its requirements. The applicant may wish to discuss various zoning options and requirements for the property in question with the Zoning Administrator.[1]

The rezoning application form must be completely filled out and returned to the office of the Zoning Administrator with the appropriate filing fee. Also required is a copy of a recorded warranty deed showing the current owner of the property in question and an ownership list obtained from a registered abstractor, title company or from current County records containing the names and mailing addresses of the owners of all property within a one hundred eighty-five (185) foot radius of, and including, the property for which the zoning change is requested.

An application shall not be scheduled for public hearing until the application form has been fully completed, the fee paid and all required information submitted.

The Commission shall hold a public hearing at which time citizens and parties of interest shall have a opportunity to be heard. The Planning and Zoning Department shall be responsible for having an official notice of public hearing published in a newspaper of general circulation at least fifteen (15) days before the hearing. This notice shall state the time and place of the hearing and shall describe generally the change requested. A written notice shall also be mailed to each property owner within a one hundred eighty-five (185) foot radius of the property in question at least fifteen (15) days prior to the public hearing. This notice shall also notify surrounding property owners of their right to file protest petitions and shall explain the protest procedure.[2]

The public hearing may be adjourned from time to time. After adjournment, the Commission shall prepare and adopt its recommendation to the Governing Body. This recommendation shall be submitted along with an accurate record of the public hearing. For action on zoning amendments, a quorum of the Commission must be present. A quorum is more than one-half (½) of the total membership of the Planning Commission. When neither a vote for nor a vote against the rezoning has a majority of the quorum, it constitutes a "failure to recommend". Consequently, another recommendation must be made.

Protest petitions will be available in the planning and zoning office and must be filed within three (3) working days after the conclusion of the public hearing by the Commission. The petitions must be signed by all owners, including a spouse in jointly owned property, notarized and submitted within the three (3) day period in order to be valid. A sample form is included as part of this manual.[3] In computing the protest area, it should be pointed out that the requirement is a protest by the owners of thirty percent (30%) or more of the land area to be affected by the proposed change and not thirty percent (30%) of the total number of owners; and that area devoted to public streets and rights-of-way is excluded from the computations. Protests or proposed zoning changes are allowed pursuant to Section 89.060, RSMo.

The Governing Body shall consider the application for rezoning, although not until the three (3) day protest period has expired, and may approve the recommendation of the Commission or take whatever action it deems necessary. If an adequate number of protest petitions have been filed, the change can be approved only by as least a two-thirds (2/3) vote of all the members of Governing Body pursuant to Section 89.060, RSMo.

If the Governing Body approves the requested change, it shall adopt an ordinance to that effect. If the official Zoning Map has been adopted by reference, the amending ordinance shall define the change of boundary and shall order the official Zoning Map to be similarly amended.

The Planning and Zoning Commission shall prepare or cause to be prepared a set of proposed regulations governing the subdivision of land. The Commission may also prepare proposed amendments to such regulations when required.

After preparing the proposed regulations governing the subdivision of land (or proposed amendments thereto), the Commission shall hold a public hearing on the proposed subdivision regulations (or any subsequent amendments thereto). The Secretary of the Commission shall be responsible for having a notice of the public hearing published in a newspaper of general circulation in the City at least fifteen (15) days before the hearing. The notice shall fix the time and place for the hearing and shall describe in general terms the regulations proposed.

The public hearing may be adjourned from time to time and at the conclusion of the hearing, the Commission shall prepare its recommendations and, by an affirmative vote of the majority of all the members of the Commission, adopt them in the form of Proposed Subdivision Regulations. The proposed regulations, together with an accurate written summary of the public hearing, shall be forwarded to the Governing Body.

After a second (2nd) duly advertised public hearing, the Governing Body may:

If a private citizen requests the change, the Commission shall permit the individual to present the proposed amendment and the reasons for it at a regular meeting of the Commission. Based on the information presented at the meeting, the Commission shall determine whether the proposal is worthy of consideration as an amendment. If it is determined that the proposal has merit, the Commission shall set a date for the public hearing. The Planning and Zoning Department shall be responsible for having an official notice of public hearing published in a newspaper of general circulation at least fifteen (15) days prior to the hearing. This notice shall fix the time and place of the hearing and describe in general terms the proposed change. At the public hearing, citizens and parties of interest shall have an opportunity to be heard.

If either the Commission or the Governing Body initiates the text amendment, a public hearing shall be scheduled by the Commission. The Planning and Zoning Department shall be responsible for having an official notice of public hearing published in a newspaper of general circulation of least fifteen (15) days prior to the hearing. This notice shall fix the time and place of the hearing and describe in general terms the proposed change. At the public hearing, citizens and parties of interest shall have an opportunity to be heard.

The public hearing may be adjourned from time to time and upon its conclusion, the Commission shall prepare and adopt its recommendation to the Governing Body. This recommendation shall be submitted along with an accurate record of the public hearing. For action on subdivision amendments, a quorum of the Commission must be present. A quorum is more than one-half (½) the total membership of the Commission. A vote either for or against an amendment by a majority of the quorum constitutes a recommendation of the Commission. When neither a vote for nor a vote against the amendment has a majority of the quorum, it constitutes a "failure to recommend". Consequently, another recommendation must be made.

After a second (2nd) duly advertised public hearing, the Governing Body may:

The applicant shall meet with the Zoning Administrator and receive an explanation for the subdivision procedure and its requirements, information on the current zoning of the property in question and an application form for subdivision plat approval.[1]

The application form shall be completely filled out and returned to the office of the Zoning Administrator, along with the appropriate filing fee and any required supplemental information. The materials outlined above must be received by the office of the Zoning Administrator no later than twenty (20) days before the next Planning and Zoning Commission meeting in which the applicant would like approval of the plat to be considered. As a part of the application, thirteen (13) copies of a preliminary plat conforming to the requirements of the Subdivision Regulations and a vicinity map showing the location of the proposed subdivision are required. An application shall not be processed until it has been fully completed, the appropriate fee paid and all required information submitted according to the deadlines of the Planning and Zoning Department.[2]

The Planning Commission, based on the standards set out in the Subdivision Regulations, may approve, approve conditionally or disapprove the preliminary plat.

Upon approval or conditional approval of the preliminary plat, the applicant shall submit the final plat application form,[3] along with the appropriate fee and any required supplemental information. Included as part of the application shall be the original plat, thirteen (13) copies of the final plat plus one (1) reduced copy (11x14) prepared in accordance with the Subdivision Regulations. In addition, two (2) copies of the constructions plans shall be submitted with the final plat application.[4]

The Planning Commission shall review the final plat and based on the approved preliminary plat and the standards set out in the Subdivision Regulations, adopt a recommendation to the Governing Body for approval, approval with conditions or denial. A recommendation must be made by a majority of the quorum of the Commission.

The Governing Body shall consider the final plat and may:

Appeals. Where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of Sections 89.010 — 89.140, RSMo. (as now stated or hereinafter amended), or of any ordinance adopted pursuant to such Statutes;

Variances. Where an applicant feels that he/she should be allowed to exceed the physical restrictions of the zoning regulations because of special circumstances or undue hardship unique to applicant's property;

Special uses. Where an applicant wishes to develop a special use that is specifically listed as permitted if certain conditions (such as fencing or minimum lot size) were fulfilled; or

To hear and decide all matters referred to it or upon which it is required to pass under such ordinance.

When an applicant does not agree with an administrative officer's interpretation of the Zoning regulations, that interpretation may be appealed to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by:

The applicant shall first (1st) meet with the Zoning Administrator and receive a full explanation of the zoning requirement in question as currently interpreted. If an appeal is to be made, an application shall be obtained.[1]

The applicant shall file a completed application with the office of the Zoning Administrator and pay the appropriate fee. The application shall include an explanation of the decision being appealed and a statement of the reasons for the appeal. Where applicable, drawings or a list of property owners within one hundred eighty-five (185) feet of the property in question may be required.

An application shall not be processed unless it has been completed, the fee paid and all required information submitted.

The Zoning Administrator shall then schedule a regular meeting of the Board of Adjustment and send copies of the application to Board members. Twenty (20) days prior the Board meeting, an official notice to the public shall be published in an newspaper of general circulation in the City explaining the appeal and the time and place of the scheduled hearing. A copy of the notice shall be mailed to each party of interest and to the Planning Commission.

At their scheduled meeting, the Board shall hear facts and testimony from all parties wishing to be heard concerning the appeal. The appeal must be heard by the Board within a reasonable period of time from the application and fee submittal and a written decision must be rendered without unreasonable delay.

The Board of Adjustment may either affirm, reverse or modify the order, requirement or interpretation of the Zoning Administrator. In order to reverse or modify, however, requires a favorable vote of at least four (4) of the five (5) Board members. The determination, in written form, shall be sent to all affected parties including the Planning Commission.[2] The Planning and Zoning Department shall keep minutes of the public meeting including evidence presented during the proceedings and the findings of the Board.

When an applicant feels that the strict application of the requirements of the zoning regulations would create an undue hardship upon him, he/she may request a variance from these requirements from the Board of Adjustment. The Board must base its decision on factual evidence and not the personal opinion of the applicant, neighbors or others. The request for a variance shall be based on a conflict between the restrictions on the development of the property due to the zoning regulations and the restrictions on the development of the property due to its physical characteristics. A variance shall be issued only to the specific restrictions on physical construction and not to the list of permissible land uses within a given zone.

The applicant shall first meet with the Zoning Administrator and receive a complete explanation of the zoning requirements in question, the variance procedure and an application form.

The applicant shall submit a completed application form and pay the appropriate fee.[3] As a part of the application, two (2) copies of a sketch map shall be submitted showing proposed and existing structures and uses on the property for which the variance is being requested and on immediately adjacent properties. A list of property owners within one hundred eighty-five (185) feet of the property in question is also required.

An application shall not be scheduled for public hearing until the application form it has be fully completed, the fee paid and all required information submitted.

The Zoning Administrator shall then schedule a regular meeting of the Board of Adjustment and send copies of the application to Board members. Twenty (20) days before the Board meeting, an official notice to the public shall be published in a newspaper of general circulation in the City explaining the variance request and the time and place of the scheduled hearing. A copy of the notice shall be mailed to each party of interest and to the Planning Commission.

At the scheduled meeting, the Board shall hear all facts and testimony from all parties wishing to be heard, concerning the requested variance. In each case, the Board shall not grant a variance unless it finds, based on the evidence presented, facts which lead conclusively to all of the following findings:

The Board of Adjustment may grant, grant conditionally or deny the application for a variance. In order to grant a variance, at least four (4) of the five (5) Board members must vote for the variance. The Board's determination, in writing, shall be sent to all affected parties including the Planning Commission.[4] The Planning and Zoning Department shall keep minutes of the public meeting including evidence during the proceedings and the findings of the Board.

Certain uses or exceptions are specifically permitted in particular zoning districts, but only when a special use permit has been obtained from the Board of Adjustment. These uses require special study with respect to specific location and design considerations to assure that they will have minimal negative impact on surrounding properties.

An application shall not be processed unless it has been fully completed, the fee paid and all required information submitted.

The Zoning Administrator shall then schedule a regular meeting of the Board of Adjustment and send copies of the application to Board members. Twenty (20) days before the Board meeting, an official notice to the public shall be published in a newspaper of general circulation in the City explaining the special use request and the time and place of the scheduled meeting. A copy of the notice shall be mailed to each party of interest and to the Planning Commission.

The Board of Adjustment may grant, grant conditionally or deny the application for a special use permit. In order to grant the special use permit, at least four (4) of the five (5) Board members must vote favorably on the request. The Board's determination, in writing, shall be sent to all affected parties including the Planning Commission.[6] The Planning and Zoning Department shall keep minutes of the public meeting including evidence presented during the proceedings and the findings of the Board. To assure completion of conditions, the Board may require a performance bond. A time limit may be placed as a condition of approval to provide a periodic review of the special use.