The City Council may from time to time by ordinance amend, supplement, modify or repeal any of the regulations which are now, or may be in the future, contained in the Zoning Ordinance of Waynesville, Missouri, or amend, supplement or change the boundaries of the zoning districts or change the zoning district classification of property. Such changes in the regulations or in the boundaries or classification may be proposed by the City Council upon its own action or in response to suggestion from the City Administrator, in which event no fee shall be payable to the City. Such changes in the boundaries or classification of specific real estate may be proposed by the owner(s) of the real estate involved upon compliance with the provisions of Subsection (B) of Section 405.750 of the Municipal Code. All proposed changes in the regulations, boundaries or classification shall be submitted to the Planning and Zoning Commission for its consideration and report.
Procedures for Zoning District Boundary Changes.
On submission of any proposed change of district boundaries or classification the applicant will be required to deposit with the City, a fee, established by ordinance, plus the actual cost of publication of legal notices.
Application for any change of district boundaries or classification of property as shown on the Zoning Map shall be submitted to the Planning and Zoning Commission at its public offices upon such forms and shall be accompanied by such information as may be prescribed for that purpose by the City, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of the property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. All applications shall be filed at least twenty-eight (28) days prior to the public hearing to be held by the Planning and Zoning Commission.
The Planning and Zoning Commission shall hold a public hearing on all proposed changes in the regulations, boundaries or classification. Notice of the public hearing shall be given in the following manner:
Notice of the public hearing shall be given by publication in a newspaper of general circulation in the City of Waynesville at least fifteen (15) days prior to the date of the public hearing; and
Notice of the public hearing shall be posted at City Hall in a conspicuous place at least twenty-four (24) hours prior to the date of the public hearing.
After holding the public hearing, the Planning and Zoning Commission shall, not later than the date of its next regular meeting after the date of the public hearing, determine its response to the request. In the case of a request for change in boundaries or classification, the response shall be one (1) of the following:
Recommend that the request not be granted;
Recommend that the request be granted; or
Recommend that the request be granted but on those conditions which the Commission determines will be needed to protect adjacent property and substantially promote the purpose and intent of the zoning regulations.
In the case of a request for change in the regulations, the response of the Commission shall be one (l) of the following:
Recommend that the change not be made;
Recommend that the change be approved;
Recommend that the request be granted with such changes as the Commission determines will be needed to protect adjacent property and substantially promote the purpose and intent of the zoning regulations.
Each such recommendation made by the Planning & Zoning Commission shall be reported by the City Administrator to the City Council and the applicant notified of the action of the Planning and Zoning Commission. The Building Official shall set up and maintain a separate file for each application received, and all records and files herein provided shall be a permanent and official file in the office of the City Clerk of the City of Waynesville.
The City Administrator shall not forward the recommendation of the Commission to City Council when at the hearing before the Commission the applicant or a person acting in his behalf did not appear and present evidence in regard to the applicant’s request for a change in zoning classification or district boundaries from that shown on the Zoning Map.
The City Council shall be at liberty to either approve, deny or modify any request for rezoning, requests for amendments and supplements to the Zoning Map and the zoning regulations.
In case of a protest against such change, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of land (exclusive of streets and alleys) included in such proposed change or within an area determined by a line drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property or district proposed to be changed, such amendments shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council. (Ord. No. 710, 11-15-90; Ord. No. 1180 §1-3, 5-19-05)
Waynesville City Zoning Code
405.750
CHANGES AND AMENDMENTS
The City Council may from time to time by ordinance amend, supplement, modify or repeal any of the regulations which are now, or may be in the future, contained in the Zoning Ordinance of Waynesville, Missouri, or amend, supplement or change the boundaries of the zoning districts or change the zoning district classification of property. Such changes in the regulations or in the boundaries or classification may be proposed by the City Council upon its own action or in response to suggestion from the City Administrator, in which event no fee shall be payable to the City. Such changes in the boundaries or classification of specific real estate may be proposed by the owner(s) of the real estate involved upon compliance with the provisions of Subsection (B) of Section 405.750 of the Municipal Code. All proposed changes in the regulations, boundaries or classification shall be submitted to the Planning and Zoning Commission for its consideration and report.
Procedures for Zoning District Boundary Changes.
On submission of any proposed change of district boundaries or classification the applicant will be required to deposit with the City, a fee, established by ordinance, plus the actual cost of publication of legal notices.
Application for any change of district boundaries or classification of property as shown on the Zoning Map shall be submitted to the Planning and Zoning Commission at its public offices upon such forms and shall be accompanied by such information as may be prescribed for that purpose by the City, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of the property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. All applications shall be filed at least twenty-eight (28) days prior to the public hearing to be held by the Planning and Zoning Commission.
The Planning and Zoning Commission shall hold a public hearing on all proposed changes in the regulations, boundaries or classification. Notice of the public hearing shall be given in the following manner:
Notice of the public hearing shall be given by publication in a newspaper of general circulation in the City of Waynesville at least fifteen (15) days prior to the date of the public hearing; and
Notice of the public hearing shall be posted at City Hall in a conspicuous place at least twenty-four (24) hours prior to the date of the public hearing.
After holding the public hearing, the Planning and Zoning Commission shall, not later than the date of its next regular meeting after the date of the public hearing, determine its response to the request. In the case of a request for change in boundaries or classification, the response shall be one (1) of the following:
Recommend that the request not be granted;
Recommend that the request be granted; or
Recommend that the request be granted but on those conditions which the Commission determines will be needed to protect adjacent property and substantially promote the purpose and intent of the zoning regulations.
In the case of a request for change in the regulations, the response of the Commission shall be one (l) of the following:
Recommend that the change not be made;
Recommend that the change be approved;
Recommend that the request be granted with such changes as the Commission determines will be needed to protect adjacent property and substantially promote the purpose and intent of the zoning regulations.
Each such recommendation made by the Planning & Zoning Commission shall be reported by the City Administrator to the City Council and the applicant notified of the action of the Planning and Zoning Commission. The Building Official shall set up and maintain a separate file for each application received, and all records and files herein provided shall be a permanent and official file in the office of the City Clerk of the City of Waynesville.
The City Administrator shall not forward the recommendation of the Commission to City Council when at the hearing before the Commission the applicant or a person acting in his behalf did not appear and present evidence in regard to the applicant’s request for a change in zoning classification or district boundaries from that shown on the Zoning Map.
The City Council shall be at liberty to either approve, deny or modify any request for rezoning, requests for amendments and supplements to the Zoning Map and the zoning regulations.
In case of a protest against such change, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of land (exclusive of streets and alleys) included in such proposed change or within an area determined by a line drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property or district proposed to be changed, such amendments shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council. (Ord. No. 710, 11-15-90; Ord. No. 1180 §1-3, 5-19-05)