[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]
The Planning Commission shall consist of not more than fifteen (15) nor less than seven (7) members, including:
The Mayor, if the Mayor chooses to be a member;
A member of the Council selected by the Council, if the Council chooses to have a member serve on the Commission; and
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]
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.
Information Required. An application for rezoning shall contain the following information:
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;
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;
Present zoning classification and use of the property affected by the rezoning;
Requested zoning classification and desired use of the property affected by the rezoning; and
Justification for the zoning requested.
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:
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.
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]
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.
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:
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.
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.
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 specific description of the zoning request, including both the current zoning of the property and the proposed new zoning.
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.
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.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.