Greenwood City Zoning Code
ARTICLE IV
Amendments
Section 400.300 Amendments.
[Ord. No. 6.001 § XXVII Art. IV, 9-10-1979; Ord. No. 2004-06-28-02 § 1, 6-28-2004; Ord. No. 2006-10-23-03 § 1, 10-23-2006; Ord. No. 2009-02-23-01 § 9, 2-23-2009; Ord. No. 2017-2935 § 1, 10-24-2017]
A.
The regulations, restrictions and boundaries contained in this Chapter may from time to time be amended, supplemented, changed, modified or repealed by the Board of Aldermen, either on its or the Director of Planning and Zoning's own motion or on application or petition therefor, in writing filed with the City Clerk of the City of Greenwood. Said application or petition shall be accompanied by a filing fee of one hundred dollars ($100.00) payable to the City of Greenwood. Any expenditures in excess of the one-hundred-dollar filing fee incurred by the City that are necessary and incident to the processing of the application shall be billed to the applicant or petitioner, including fees and expenses incurred by the City for the services of a consulting engineer, land planner or other such third-party contractor advising the City in connection with the review of any proposed amendment, supplementation, change, modification or repeal, subject to a fifteen-percent City administrative fee.
B.
Before taking any action upon any proposed amendment, supplementation, change, modification or repeal, the same shall be referred by the Board of Aldermen to the Planning Commission for report and recommendation. The Planning Commission shall then hold a public hearing upon said application according to law as provided in Chapter 89, RSMo.
C.
Notice of the time and place of the scheduled public hearing before the Planning Commission shall be published in a newspaper of general circulation at least fifteen (15) days prior to the public hearing. The City shall attempt to notify by regular mail all owners of property within an area determined by lines drawn parallel to and a one-hundred-eighty-five-foot distance from the boundaries of the proposed change. Failure to receive notice by mail does not invalidate any action taken.
D.
After a public hearing is held, the Planning Commission shall make its final report to the Board of Aldermen either favorable or unfavorable recommendation of said application or petition, which recommendation shall be filed with the City Clerk.
E.
After a public hearing is held, the Board of Aldermen may then approve any such application or petition by ordinance amending, supplementing, changing, modifying or repealing as may be required in the petition. In case of a protest against such change, duly signed and acknowledged by owners of thirty percent (30%) or more, either of the areas of land, exclusive of streets and alleys, included in such proposed change or within an area determined by lines drawn parallel to and a one-hundred-eighty-five-foot distance from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen of the City of Greenwood, Missouri.
Section 400.310 Resubmission Of Application.
[Ord. No. 6.001 § XXVIII Art. IV, 9-10-1979; Ord. No. 2017-2935 § 1, 10-24-2017]
Whenever any application or petition presented under Section 400.300 has been finally acted upon by the Board of Aldermen under the provisions of this Article, and the decision of the Board of Aldermen has been adverse to the applicant, said Board of Aldermen shall not, for a period of six (6) months from the date of its decision, receive or entertain, nor shall it refer to the Planning Commission for consideration, any identical or similar application seeking the same or similar relief as requested in the application first denied.
Section 400.315 Vacations.
[Ord. No. 2005-09-12-01 § 1, 9-12-2005; Ord. No. 2009-02-23-01 § 10, 2-23-2009]
A.
This Section sets out the required review and approval procedures for vacation of any plat, part of a plat, street, alley, utility easement.
1.
Application. A complete application for vacation shall be submitted to the City Clerk in a form established by the City along with a non-refundable fee that has been established by the City to defray the cost of processing the application. Said application shall be accompanied by a filing fee of one hundred dollars ($100.00) payable to the City of Greenwood. Any expenditures in excess of the one-hundred-dollar filing fee incurred by the City that are necessary and incident to the processing of the application shall be billed to the applicant or petitioner, including fees and expenses incurred by the City for services of a consulting engineer, land planner/surveyor or other such third-party contractor advising the City in connection with the review of any proposed change, subject to a fifteen-percent City administrative fee. No application shall be processed until the application is complete and the required fee has been paid. The application shall be made by all owners of lands adjoining on both sides of the street, alley or public reservation proposed to be vacated. If the application is not submitted by all such owners, that fact shall be noted on the application along with the names and addresses of all adjoining owners who are not party to the application.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
Review And Report. The Director of Planning and Zoning shall prepare a staff report that reviews the proposed vacation request in light of the Comprehensive Plan and the general requirements of the Code of the City of Greenwood. The Director of Planning and Zoning shall provide a copy of the report to the Planning Commission and the applicant at least five (5) days before the scheduled Planning Commission public hearing.
[Ord. No. 2017-2935 § 1, 10-24-2017]
3.
Notice Of Public Hearing.
a.
Newspaper Notice. Notice of the time and place of scheduled public hearing before the Planning Commission shall be published in a newspaper of general circulation at least fifteen (15) days prior to the public hearing.
b.
Written Notice. The City shall attempt to notify by mail all owners of property abutting the proposed area of vacation, holders of any property interests of record and any utility providers with lines in the area to be vacated. Failure to receive notice by mail does not invalidate any action taken.
4.
Review And Recommendation — Planning Commission. The Planning Commission shall consider the vacation request in light of the Comprehensive Plan and the general requirements of the Code of the City of Greenwood. After such consideration, the Planning Commission shall make a recommendation to approve or disapprove the vacation. The Planning Commission recommendation shall be provided to the Board of Aldermen and the applicant at least five (5) days before the meeting that the Board of Aldermen considers the vacation.
5.
Review And Action — Board Of Aldermen. The Board of Aldermen shall consider the vacation request at a regular meeting. The Board of Aldermen shall approve the application if it determines from the submitted evidence and testimony that:
B.
The City may require easements to be provided if deemed necessary for the public good or welfare.