Country Club City Zoning Code
ARTICLE IX
Rezoning, Zoning Changes and Amendments
Section 405.330 Rezoning, Zoning Changes and Amendments.
[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.