Willard City Zoning Code
ARTICLE III
Administration and Review
Section 400.130 Administration and Enforcement Authority.
[Ord. No. 020227 §1(3.1), 2-27-2002]
A.
The Board of Aldermen shall designate an Administrative Official to administer and enforce this Chapter. Unless otherwise provided for in this Chapter, the Administrative Official or his/her duly designated and authorized representative shall have the following responsibilities:
1.
Receive applications for zoning district amendments, variances and appeals; receive applications for conditional use permits, tower permits and licenses; receive applications for permits for the construction, erection, alteration, enlargement and removal of buildings, structures and signs; receive applications for certificates of occupancy; receive applications for grading permits, excavation permits; receive applications for land subdivision and platting; receive applications for text amendments to this Chapter.
2.
Conduct inspections of buildings, structures, signs, uses of any premises and installation of public infrastructure to determine compliance with the terms of any application, permit or certificate issued under the provisions of this Chapter.
3.
Interpret the provisions of this Chapter in connection with the above prescribed duties.
4.
Maintain records of official actions of the Board of Aldermen, Planning and Zoning Commission, Board of Adjustment, Tree Board and the functions of City administrative officials related to the administration of this Chapter.
Section 400.140 Inspection and Right of Entry.
[Ord. No. 020227 §1(3.2), 2-27-2002]
A.
Inspections Authorized. The Administrative Official and his/her duly authorized representatives are authorized to make inspections on all buildings, structures, premises or construction or installation of public improvements within the City limits to determine compliance with the provisions of this Chapter. The inspector shall have the authority to enter or conduct such inspection at any reasonable hour.
B.
Notification Required. It shall be the responsibility of the developer, owner or person engaged in the construction of any building, structure, premises or installation of any public improvements or utilities to obtain all necessary permits and inspections. A minimum of twenty-four (24) hours' notice shall be given to the City prior to the commencement of any construction activity requiring inspection.
Section 400.150 Enforcement.
[Ord. No. 020227 §1(3.3), 2-27-2002]
A.
Persons Liable. Any person, firm or corporation who fails to comply with or violates any of the provisions of this Chapter may be held responsible for the violation and be subject to the penalties and remedies herein provided.
B.
Stop Order.
1.
Whenever any work is being done or any building or property is being used contrary to the provisions of this Chapter, the inspector may order the work or use stopped and may also revoke any permit that has been issued for said work or use. Any person, firm, partnership or corporation who, having been served with a written order by the City to remove or cease any such violation, shall fail to comply with said order within ten (10) days after such notice or shall continue to violate any provision of this Chapter in the respect named in the order shall be subject to a stop order. The City may, without further notification, issue a stop order and may cancel all permits and certificates previously issued by the City and cause all said work or use to stop. The penalties proscribed for violation shall continue for each day until the violation is remedied.
2.
For any violation of this Chapter deemed to be dangerous or a public health hazard, the City may serve an emergency order to immediately cease or remove any such violation.
C.
Penalties.
1.
Unless otherwise specified in other provisions of this Chapter, violations of this Chapter or failure to comply with any of its requirements shall constitute an offense punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation continues or by both such fine and imprisonment in the discretion of the court. However, for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation continues or by both such fine and imprisonment in the discretion of the court.
2.
Each day that any such violation continues after written notification by the City, delivered by certified mail, that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified herein.
D.
Civil Enforcement. Any person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). Appropriate actions and proceedings may be taken by law or in equity pursuant to Section 89.120, RSMo., to prevent any violation of these regulations, to prevent unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or land or to prevent any illegal conduct, business or use in or about such premises and these remedies shall be in addition to the penalties described above.
Section 400.160 Planning and Zoning Commission.
[Ord. No. 020227 §1(3.4), 2-27-2002]
A.
Composition Of Planning And Zoning Commission. The Planning and Zoning Commission shall be constituted in accordance with the provisions of Section 89.070 and Section 89.320, RSMo. The Planning and Zoning Commission shall consist of not more than fifteen (15) nor less than seven (7) members, including:
1.
The Mayor, if the Mayor chooses to be a member;
2.
A member of the Board of Aldermen, selected by the Board of Aldermen, if the Board of Aldermen chooses to have a member serve on the Commission; and
3.
Not more than fifteen (15) nor less than five (5) citizens, who shall be residents of the City, appointed by the Mayor and approved by the Board of Aldermen. Commission members shall serve without compensation.
B.
Period Of Appointment. The terms of each of the citizen members shall be for four (4) years. Any vacancy in a membership shall be filled for the unexpired term by appointment by the Mayor and approval by the Board of Aldermen. The Board of Aldermen may remove any citizen member for cause stated in writing. The member notified of removal shall have the right to a public hearing on said order of removal. An appeal for public hearing must be made in writing and filed with the City within ten (10) days after the date of order of removal.
C.
Officers, Rules And Meetings.
1.
The Commission shall elect a Chair and Secretary from among its citizen members. The term of Chair and Secretary shall be for one (1) year with eligibility for re-election.
2.
The Commission shall adopt rules and regulations governing the procedures and operations of the Commission not inconsistent with the provisions of this Chapter.
3.
The Commission shall establish a regular meeting schedule and shall meet frequently enough in order to take action in a timely manner on matters brought before the Commission.
4.
Minutes shall be kept of all Commission proceedings.
5.
The Commission shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas and evidence.
6.
All Planning and Zoning Commission meetings shall be open to the public and the agenda for each meeting shall be made available in advance of the meeting as required by law.
7.
The Commission may request appointment of employees or staff necessary for its work and may request contract with professional persons for services required to carry out its duties under the provisions of this Chapter.
D.
Power And Duties Of Planning And Zoning Commission. The Planning and Zoning Commission shall have the following powers and duties:
1.
Conduct studies and recommend to the Board of Aldermen plans, goals and objectives relating to the growth, development and redevelopment of the City.
2.
Prepare and recommend to the Board of Aldermen policies, ordinances and administrative procedures and other means for carrying out plans for the City in a coordinated and efficient manner.
3.
Prepare and recommend to the Board of Aldermen regulations governing the zoning and subdivision of land within the City including, among other things, requirements for the coordinated development of the City. Recommendations may be made for the coordination of streets within subdivisions with other existing or planned streets or with other features of the Comprehensive Plan or Official Map; for adequate open spaces for traffic, recreation, light and air; for distribution of population and traffic; for requirements as to the extent and manner of installation of all utility facilities; and recommended manner of enforcement. All recommendations shall be in conformity with Chapter 89, RSMo.
4.
Hold public hearings on rezoning applications, text amendments and conditional use permits and make recommendations to the Board of Aldermen regarding the approval or disapproval of such rezoning applications, text amendments and conditional use permits.
5.
Make recommendations to the Board of Aldermen regarding the approval or disapproval of plans and plats for land subdivision.
6.
Hold public hearings and make recommendations to the Board of Aldermen regarding variances to land subdivision and platting.
7.
Make reports to the Board of Aldermen, as it may deem proper or as requested by the Board of Aldermen, on its investigations, transactions and recommendations and other reports relative to its prescribed responsibilities and authority.
Section 400.170 Board of Adjustment.
[Ord. No. 020227 §1(3.5), 2-27-2002]
A.
A. Composition Of Board Of Adjustment. The Board of Adjustment for the City of Willard shall be constituted in accordance with the provisions of Section 89.080, RSMo. The Board of Adjustment shall consist of five (5) members, who shall be residents of Willard except as provided in Section 305.410, RSMo., appointed by the Mayor and approved by the Board of Aldermen. Three (3) alternate members may be appointed to serve in the absence or disqualification of regular members. Members shall serve without compensation.
[Ord. No. 150713A §1, 7-13-2015]
B.
Period Of Appointment. Members of the appointed Board of Adjustment shall serve as follows: one (1) member for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years and one (1) member for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Any vacancy in membership shall be filled for the unexpired term by appointment by the Mayor and approval by the Board of Aldermen. The Board shall elect a chairman who shall serve for one (1) year.
[Ord. No. 150713A §1, 7-13-2015]
C.
Removal of Members. All members and alternates may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant.
[Ord. No. 150713A §1, 7-13-2015]
D.
Officers, Rules And Meetings.
[Ord. No. 150713A §1, 7-13-2015]
1.
Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its membership.
2.
Adopting Rules. The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of Section 89.010 to Section 89.170, RSMo.
3.
Meeting Schedule. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as a majority of the Board of Adjustment may determine. Meetings shall be held frequently enough so that applications and appeals may be processed expeditiously.
4.
Open Meetings. All meetings of the Board of Adjustment shall be open to the public and the agenda for each meeting shall be made available to the public in advance of the meeting as required by law.
5.
Minutes of Meetings. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question. The minutes shall reflect if a member is absent or fails to vote. All minutes shall be filed with the City Clerk and shall become public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose or by electronic recording and may be transcribed upon request, provided that the cost of such transcription is paid to the City Clerk at the time the request is made.
6.
Board of Adjustment Quorum. At any meeting at which a vote is taken to reverse any order, requirement. decision or determination of the Administrative Official or to vote on any applicant request, a quorum for the Board of Adjustment shall consist of the number of members equal to four-fifths (4/5) of the regular Board membership. excluding vacant seats. A member who has withdrawn from the proceedings without an excuse,. as provided for in Subsection (F), shall be counted as present for purposes of determining a quorum. Three (3) members shall constitute a quorum for meetings of the Board of Adjustment for all other matters.
E.
Powers and Duties Of Board Of Adjustment. The Board of Adjustment shall hear and decide:
1.
Appeals from any order, decision, requirement or interpretation made by any administrative official of the City of Willard.
[Ord. No. 150713A §1, 7-13-2015]
2.
Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines.
3.
Requests for variances from the strict application of the zoning provisions of this Chapter in conformance with the provisions of Section 400.200.
4.
Any other matter the Board is required to act upon by any other City ordinance.
F.
Board Of Adjustment Voting.
1.
The concurring vote of four (4) members of the regular Board membership (excluding vacant seats) shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official or to decide in favor of the applicant on any matter upon which it is required to pass including to grant any variance.
3.
A member shall excuse himself/herself from voting on an issue, if any of the following conditions exist:
a.
The member has direct financial interest in the outcome of the issue, or
b.
The issue involves the member's own official conduct, or
c.
Participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or
d.
A member has such close personal ties to the applicant that the member cannot be expected to exercise sound judgment in the public interest.
4.
A member may be allowed to withdraw from the remainder of a meeting by majority vote of the remaining members present for any good reason other than a desire to avoid voting on matters to be considered at the meeting.
Section 400.180 Tree Board.
[Ord. No. 020227 §1(3.6), 2-27-2002; Ord. No. 130708 §§1––14, 7-8-2013]
A. PARK TREES STREET TREES
Definitions. As used in this section, the following terms shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City or to which the public have free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land lying within right-of-way lines on either side of all City streets, avenues, or ways within the City.
B.
There is hereby created and established a Tree Board for the City of Willard, Greene County, Missouri, which shall consist of a minimum of three (3) members and a maximum of ten (10). The members shall consist of citizens of the City of Willard at large and may include up to eight (8) members from outside the City limits. The Board shall be appointed by the Mayor, with consent by the Board of Aldermen of the City of Willard, Greene County, Missouri.
1.
Two (2) of those who are members of the Tree Board on July 1, 2013, shall serve for a one-year term; the other two (2) members shall serve for two-year terms.
2.
Thereafter, each member shall serve for two-year terms, with the appointments to be made by the Mayor, with the consent of the Board of Aldermen, at the regularly scheduled meeting of the Board of Aldermen in June of each year.
3.
Should any member resign or withdraw from the Tree Board, that member shall be replaced by appointment by the Mayor, with approval of the Board of Aldermen. The appointment shall be for the remainder of the term of the member who is being replaced.
4.
Meetings shall be held on a quarterly basis with the date and time to be determined at the fourth quarter meeting of each year. Should any member fail to attend two or more meetings in a row without justification, that member shall be considered to have withdrawn from the Tree Board and may be replaced by the Mayor as herein described.
C.
It shall be the responsibility of the City Tree Board to study, investigate, counsel and develop and/or update annually, and administer a written plan and budget for the care, maintenance, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Board of Aldermen and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Willard. The Tree Board, when requested by the Board of Aldermen, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
D.
The Tree Board shall develop and maintain a list of desirable trees for planting along streets in three (3) size classes: small, medium and large. A list of trees not suitable for planting will also be created. These lists may be modified from time to time by the Tree Board without notice. However, nothing in this Section shall be construed to restrict, limit or prohibit the planting of any tree. The lists created by the Tree Board are advisory only.
E.
The spacing of street trees will be in accordance with the three (3) size classes listed pursuant to Subsection D of this Section, and no trees may be planted closer together than the following: small trees, thirty-five (35) feet; medium trees, forty (40) feet; and large trees, forty-five (45) feet; except in special plantings designed or approved by the Tree Board or its designee.
F.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) size classes listed pursuant to Subsection (D) of this Section, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet.
G.
No street tree shall be planted closer than twenty-five (25) feet to any street corner, measured from the point of nearest intersecting curbs. No street tree shall be planted closer than ten (10) feet to any fireplug.
H.
No street trees, other than those species listed as small trees, may be planted under or within ten (10) lateral feet of any overhead utility wire.
I.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way line of all City streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Tree Board may remove or cause or order to be removed, from right-of-way, any tree or part hereof which is in an unsafe condition or which by reason of its nature is injurious to channels, sewers, electric power lines, gas lines, water lines, or other improvements, or is affected with any injurious fungus, insect or other pest.
J.
It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section at the determination of the Tree Board.
K.
The City shall have the right to cause the removal of any dead or diseased trees, tree limbs or branches on public property within the City, when such trees constitute a hazard to health, safety or welfare or a threat to other trees or plant life within the City.
L.
It shall be unlawful for any person to prevent, delay, or interfere with the Tree Board, or any of its agents, while engaging in removing of any street trees or park trees, as authorized in this Section.
M.
The Board of Aldermen shall have the right to review the conduct, acts, and decisions of the Tree Board. Any person may appeal from any ruling or order of the Tree Board to the Board of Aldermen who may hear the matter and make a final decision.
N.
Every person who shall be convicted of violating any of the provisions of this Section shall be fined not more than five hundred dollars ($500.00).
Section 400.190 Appeals Pertaining To Zoning Regulations.
[Ord. No. 020227 §1(3.7), 2-27-2002; Ord. No. 241111, 11-12-2024]
A.
Appeal From Administrative Order. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an Administrative Official in the enforcement of the applicable zoning provisions of this Chapter.
B.
When Appeals May Be Taken. An appeal may be taken to the Board of Adjustment by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by an officer, department, board or agency of the City of Willard affected by a decision of an Administrative Official. An appeal must be made within fifteen (15) days after the date of the decision or order appealed. Appeals shall be taken by filing with the City Clerk a written notice of appeal specifying the grounds for the appeal. The City Clerk shall enter the date of filing on the notice of appeal and shall transmit to the Chair of the Board of Adjustment the notice of appeal and all papers and materials constituting the record upon which the action appealed from was taken.
C.
When Appeals To Stay Proceedings. A notice of appeal properly filed as herein provided shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal has been filed, that by reason of acts stated in the certificate a stay would, in the opinion of the officer, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a proper court order.
D.
Hearing On Appeals. The Board of Adjustment shall hold a public hearing on all appeals in accordance with the provisions of Section 400.360(A).
E.
Board Of Adjustment Decision On Appeal.
1.
A motion to reverse, affirm or modify the order, requirement or decision appealed from, shall include, so far as practical, a written statement of the specific reasons or findings of fact that support the motion. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement or decision or to decide in favor of the applicant on any matter upon which it is required to pass.
2.
Within thirty (30) days after the hearing on an appeal, the Board of Adjustment shall file with the City its findings of fact and decision with respect to the appeal. The City Clerk shall transmit by mail a copy of the decision to the appellant and to each other person who requests, in writing, to be notified.
Section 400.200 Variances Pertaining To Zoning Regulations.
[Ord. No. 020227 §1(3.8), 2-27-2002; Ord. No. 241111, 11-12-2024]
A.
Jurisdiction And Authority. The Board of Adjustment shall exercise the authority to vary the strict or literal terms of the applicable zoning provisions of this Chapter in accordance with the standards set forth in Subsection (C). A variance is the remedy created by this power and is part of the Board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of certain provisions of this Chapter would, due to special conditions peculiar to a particular property, result in unusual difficulty or hardship.
B.
Authorized Variances. Variances from the zoning regulations and restrictions contained in this Chapter may be granted by the Board of Adjustment in the following instances:
1.
A variance of the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, floor area ratio, required yard areas and other required open space.
2.
A variance of the applicable minimum requirements for lot size, width and depth and setbacks from lot lines.
3.
A variance of the applicable off-street parking and off-street loading requirements and ratios.
4.
A variance of the landscaping and buffer yard requirements.
5.
A variance for sign requirements in a "R-1" Zone for schools
C.
Standards For Grant Of Variance. The Board of Adjustment may grant a variance if it concludes that strict enforcement of the ordinance would result in practical difficulties or undue hardship for the applicant and, by granting the variance, the spirit of the ordinance will be observed, public safety and welfare will be secured and substantial justice will be done. The Board of Adjustment may reach these conclusions if it finds, in writing, that:
1.
The particular physical surroundings, shape or topographical condition of the specific property involved would result in undue hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out;
2.
The conditions of which the applicant complains is one suffered by the applicant and would not be applicable to other property in the same zoning classification;
3.
The property in question cannot yield a reasonable return or the applicant cannot make reasonable use of his/her property if strict compliance with the regulations is required;
4.
The hardship relates to the applicant's land, rather than personal circumstances;
5.
The alleged hardship has not been created by any person presently having an interest in the property;
6.
The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and
7.
The variance will not nullify the intent and purpose of the Willard Land Development Regulations and the Willard Comprehensive Plan.
8.
School signage is needed and deemed reasonable for the application.
D.
Application For Variance. An application for a variance shall be submitted to the City Clerk. The City Clerk shall transmit the application and all papers and materials constituting the record to the Board of Adjustment.
E.
Hearing On Variances. The Board of Adjustment shall hold a public hearing on any application for variance in accordance with the provisions of Section 400.360(A).
F.
Board Of Adjustment Decision On Variances.
1.
In deciding on variances, the Board of Adjustment shall take a separate vote on each of the seven (7) required findings stated in Subsection (C). The affirmative vote of four (4) members of the Board shall be required on each separate finding. Insofar as is practical, a motion to make an affirmative finding on each of the requirements shall include a written statement of the specific reasons or findings of fact supporting the motion.
2.
A motion to deny a variance may be made on the basis that any one (1) or more of the seven (7) requirements set forth in Subsection (C) are not satisfied or that the application is incomplete. Such motion, insofar as is practical, shall include a written statement of the specific reasons or findings of fact that support the motion. A motion to deny a variance is adopted as the Board of Adjustment's decision if supported by more than one (1) affirmative vote.
3.
In granting a variance, the Board of Adjustment may impose such reasonable conditions to ensure that the use of the property to which the variance applies will be as compatible as practical with surrounding properties.
4.
A variance may be issued for a specified or indefinite duration.
5.
The nature of the variance shall be entered upon the permit. All such conditions are enforceable in the same manner as any applicable requirement of this Chapter.
Section 400.210 Recordation of Order of The Board of Adjustment.
[Ord. No. 020227 §1(3.9), 2-27-2002; Ord. No. 241111, 11-12-2024]
Whenever the Board of Adjustment shall have acted upon an appeal, request or variance, the Board shall cause its order granting or denying said appeal or application to be recorded in the records of the Greene County Recorder of Deeds. However, no order shall be recorded until the order has become final by the passage of thirty (30) days from the date said order is filed with the City Clerk without an action being filed in a court of competent jurisdiction challenging the issuance of said order or until a court of competent jurisdiction upholds said order if it is challenged within the thirty (30) day period.
Section 400.220 Judicial Review - Board of Adjustment Action.
[Ord. No. 020227 §1(3.10), 2-27-2002; Ord. No. 241111, 11-12-2024]
Section 400.230 Appeals Pertaining To Subdivision Regulations.
[Ord. No. 020227 §1(3.11), 2-27-2002; Ord. No. 241111, 11-12-2024]
A.
Jurisdiction. The Board of Aldermen shall hear and decide:
1.
Appeals where it is alleged there is error in any order, requirement, decision or determination made by an Administrative Official in the interpretation of the applicable subdivision regulations of this Chapter or the requisite standards of Chapter 405, Design Standards for Public Improvements.
2.
Appeals of the decision of the Planning and Zoning Commission disapproving a site plan for simple land development or disapproving an application for minor subdivision or disapproving a preliminary plat or final plat for major subdivision pursuant to the requirements of this Chapter.
B.
When Appeals May Be Taken. An appeal under the provisions of Subsection (A)(1) above may be taken to the Board of Aldermen by any person aggrieved. Appeals must be made in accordance with the following:
1.
Appeal From Administrative Order. An appeal of any order, requirement, decision or determination made by an Administrative Official must be made within fifteen (15) business days after the date of the decision or order appealed.
2.
Appeal From Decision Of Planning And Zoning Commission. An appeal of any decision of the Planning and Zoning Commission must be made within sixty (60) days of the date of the decision appealed.
3.
Filing Of appeals. Appeals shall be taken by filing with the City Clerk a written notice of appeal specifying the grounds for the appeal. The City Clerk shall enter the date of filing on the notice of appeal and shall transmit to the Board of Aldermen the notice of appeal and all papers and materials constituting the record upon which the action appealed from was taken.
C.
Board Of Aldermen Decision On Appeal.
1.
Action by the Board of Aldermen to reverse or modify a decision of an Administrative Official shall require an affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board.
2.
Action by the Board of Aldermen to override a decision of the Planning and Zoning Commission disapproving any development plan for simple land development, application for minor subdivision or preliminary or final plat for major subdivision shall be made in accordance with the provisions for appeals prescribed in the following applicable Sections of this Chapter:
a.
For simple land development in accordance with Section 400.990(A)(7).
b.
For minor subdivision in accordance with Section 400.1020(C).
c.
For major subdivision preliminary plat in accordance with Section 400.1080(E).
d.
For major subdivision final plat in accordance with Section 400.1110(C).
Section 400.240 Variances Pertaining To Subdivision Regulations.
[Ord. No. 020227 §1(3.12), 2-27-2002; Ord. No. 241111, 11-12-2024]
A.
Purpose And Intent. It is the purpose and intent of this variance procedure to provide relief from unusual hardship, inequitable construction procedures or public improvement design standards which may be impractical and other conditions which occur with a specific parcel of land, but do not occur in the normal subdivision and land development process.
B.
Authority. The Board of Aldermen shall exercise the authority to vary the strict or literal terms of the subdivision requirements of this Chapter and the requisite improvement standards of Chapter 405, Design Standards for Public Improvements in accordance with the procedures and standards set for forth in Subsection (C). The Board of Aldermen shall not consider a variance unless and until it has received, in writing, the recommendation of the Planning and Commission.
C.
Standards For Grant Of Variance. No variance shall be granted unless it is found that:
1.
There are special and unusual circumstances or conditions affecting said property such that the strict application of the regulations from which the variance is requested would deprive the owner of reasonable use of said property and is not the mere grant of a privilege;
2.
The variance is necessary for the preservation and enjoyment of a substantial property right of the owner;
3.
The granting of the variance would not be detrimental to the public safety, convenience or welfare or be injurious to other property in the vicinity; and
4.
The granting of the variance would not be in conflict with the intent of the subdivision and platting provisions of this Chapter.
D.
Application Procedure. An application for a variance shall be submitted to the City Clerk. The application shall indicate the specific provisions from which a variance is requested and the reasons for such request. Variance requests shall be reviewed in accordance with the following procedures:
1.
Applications for variances may be submitted for Commission review concurrently with the final plat for minor subdivision or with the preliminary plat for major subdivision or with the site plan for simple land development requiring public improvements. Following public hearing, the Commission shall review and make recommendation on the variance request concurrently with action on the final plat if a minor subdivision or preliminary plat if a major subdivision or the site plan if a simple land development.
2.
Requests for variances independent of plat review or site plan review shall show just cause why such request was not made at the time of plat review or development plan review. Public hearing shall be held on all such requests in accordance with the requirements of Section 400.360(B).
E.
Hearing On Variances. The Planning and Zoning Commission shall hold a public hearing on all variance requests. Notice of hearing shall be made in accordance with the provisions of Section 400.360(B).
F.
Decision On Variances.
1.
Commission Action. After the public hearing has been completed, the Commission shall make recommendation to approve or deny the variance request. The recommendations of the Commission shall be made in accordance with the findings required in Subsection (C). Insofar as is practical, a motion to recommend approval or denial of a variance shall include a written statement of the specific reasons or findings of fact supporting the motion. The record of the Commission's findings and recommendation shall be sent to the Board of Aldermen within thirty (30) days of the Commission's decision.
2.
Board Of Aldermen Action. The Board of Aldermen shall approve or disapprove the request for variance. The decision of the Board of Aldermen shall be made in accordance with the findings required in Subsection (C). Insofar as is practical, a motion to recommend approval or denial of a variance shall include a written statement of the specific reasons or findings of fact supporting the motion.
G.
Recordation Of Variance. When the Board of Aldermen has approved a variance from the regulations in accordance with this Section, the variance shall be recorded in the records of the Greene County Recorder of Deeds. However, no variance shall be recorded until the variance has become final by the passage of thirty (30) days from the date said variance is filed with the City Clerk without an action being filed in a court of competent jurisdiction challenging the approval of said variance or until a court of competent jurisdiction upholds said variance if it is challenged within the thirty (30) day period.
Section 400.250 Appeal of Order of Tree Board.
[Ord. No. 020227 §1(3.13), 2-27-2002; Ord. No. 241111, 11-12-2024]
A.
Authority. The Board of Aldermen shall hear and decide appeals to any order or ruling of the Tree Board. Action by the Board of Aldermen to reverse or modify a ruling or order of the Tree Board shall require the affirmative vote of a majority of the Board of Aldermen.
B.
When Appeals May Be Taken. An appeal of any order or ruling of the Tree Board must be made within fifteen (15) working days after the date of the ruling or order appealed.
C.
Filing Of Appeals. Appeals shall be taken by filing with the City Clerk a written notice of appeal specifying the grounds for the appeal. The City Clerk shall enter the date of filing on the notice of appeal and shall transmit to the Board of Aldermen the notice of appeal and all papers and materials constituting the record upon which the action appealed from was taken.
Section 400.260 When Appeals and Variances Not Allowed.
[Ord. No. 020227 §1(3.14), 2-27-2002; Ord. No. 241111, 11-12-2024]
No appeal, request or variance application to the Board of Adjustment and no appeal or variance application to the Board of Aldermen shall be allowed with respect to the same request prior to the expiration of six (6) months from the date of the ruling of the Board of Adjustment or the date of the ruling of the Board of Aldermen unless a substantial change of circumstances or conditions can be demonstrated by the applicant.
Section 400.270 Building Permit Required.
[Ord. No. 020227 §1(3.15), 2-27-2002; Ord. No. 101228D §1, 12-28-2010]
It shall be unlawful to start the construction of a new building, structure or sign or the enlargement or structural alteration of an existing building, structure or sign without first applying for and receiving a zoning certificate and a building permit from the City. No building permit shall be issued unless the Building Inspector has reviewed the plot plan or site plan, if required, and has certified that such plans are in compliance with all applicable provisions of this Chapter.
Section 400.280 Zoning Certificate.
[Ord. No. 020227 §1(3.16), 2-27-2002; Ord. No. 101228D §1, 12-28-2010]
Authority And Purpose. The City Clerk or duly authorized representative shall have the authority to issue zoning certificates. It is the purpose of the zoning certificate to provide official certification of the zoning of a particular property on the date the zoning certificate is issued.
Section 400.290 Certificate of Occupancy.
[Ord. No. 020227 §1(3.17), 2-27-2002; Ord. No. 101228D §1, 12-28-2010]
A.
Purpose. Inspection of completed premises and issuance of a certificate of occupancy shall be required before commencement of use or occupancy to ensure that the premises are in compliance with all applicable provisions of this Chapter.
B.
Issuance Of Certificate Of Occupancy. The inspector shall cause the building or structure to be inspected and shall certify to the City that one (1) of the following actions be taken:
1.
If all work has been completed and the building, structure or premises is in compliance with all applicable provisions of this Chapter and the provisions of other applicable City codes, the certificate of occupancy shall be approved. The certificate of occupancy shall be issued by the City Clerk of the City of Willard within five (5) working days of receipt of report from the inspector.
2.
If all work has not been completed or the structure, building or premises is not in compliance with the applicable provisions of this Chapter and other City codes, written notice shall be made to the applicant informing the reasons why the certificate of occupancy cannot be issued, citing either the City codes or other work that must be completed.
Section 400.300 Grading/Excavation Permit.
[Ord. No. 020227 §1(3.18), 2-27-2002]
A.
Permit Required. A grading permit is required before any person shall engage in any excavation, grading, dislocation or relocation of any material in connection with any construction, development or alteration of land, structures, utilities or public improvements within the City limits. Any such excavation, grading, dislocation or relocation of material for which a grading permit is required shall be in compliance with the requirements of Article XVII, Section 400.1500 of this Chapter and the applicable provisions of Chapter 405 Design Standards for Public Improvements.
B.
Exemptions. Unless otherwise required in accordance with the provisions of Article XVII, Section 400.1500, the following construction are exempt from the grading permit requirements:
1.
Grading for single-family or duplex residence construction in platted subdivisions where approved sediment and erosion controls have been constructed.
2.
Construction sites that have received an individual stormwater discharge permit or water quality certification from the Missouri Department of Natural Resources in accordance with the Clean Water Act.
3.
The following activities, provided they are not located within twenty-five (25) feet of a spring, sinkhole, wetland or watercourse:
4.
Emergency construction required to repair or replace roads, utilities or other improvements affecting the general health, safety and welfare of the citizens in accordance with Article XVII, Section 400.1500(G)(4).
Section 400.310 Sign Permit.
[Ord. No. 020227 §1(3.19), 2-27-2002]
A.
Sign Permit Required. Except as otherwise provided in Article X, Signs, no sign shall be erected, moved, enlarged, illuminated or substantially altered without first obtaining a sign permit for each sign. Sign permits shall not be required for routine maintenance, repainting or changing the message on a sign.
1.
In the case of a lot occupied or intended to be occupied by multiple businesses, such as a shopping center, sign permits shall be issued in the name of the lot owner or authorized agent rather than in the name of the individual business. The City shall be responsible for enforcing only the provisions of this Section and not the provisions of any private allocation formula, lease or restriction.
Section 400.320 Utility Installation Permit and Notification.
[Ord. No. 020227 §1 (3.20), 2-27-2002]
Unless otherwise required to obtain a grading or excavation permit for the installation of underground telephone, cable, electric or other similar utility service, all utility service providers shall be required to obtain a utility installation permit for installation of said service facilities within the City limits of Willard. Application for such permit shall be made to the City Clerk and shall require that a minimum of forty-eight (48) hours' notification be given to the City prior to the commencement of installation or construction. However, in the case of emergency repairs necessary to prevent loss or damage to persons or property, the service provider may proceed without a permit, subject to the provisions of Article XVII, Section 400.1500(G)(4).
Section 400.330 Conditional Use Permits.
[Ord. No. 020227 §1(3.21), 2-27-2002]
A.
Purpose. The conditional use permit procedure is intended to provide the Planning and Zoning Commission and the Board of Aldermen with discretionary review of requests to establish or construct uses or structures which may be necessary or desirable in a zoning district, but which may have the potential for negative or deleterious impact on the health, safety and welfare of the public. The purpose of the review is to determine whether the proposed location of the use or structure is appropriate and whether it will be designed, located and operated so as to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The Board of Aldermen may impose conditions upon such uses and structures that are intended to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The Board of Aldermen may deny requests for a conditional use permit when it is evident that a proposed use or structure will or may cause harm to the community or injury to the value, lawful use and reasonable enjoyment of other properties in the vicinity.
B.
Conditional Uses Authorized. The Planning and Zoning Commission may recommend and the Board of Aldermen may authorize the establishment of those conditional uses that are expressly permitted as a conditional use in a particular zoning district. No conditional use shall be authorized unless such conditional use to be granted complies with all of the applicable provisions of this Chapter.
C.
Application For Conditional Use Permit. An application for conditional use permit containing the following information shall be filed with the City Clerk:
1.
Applicant's name and address and legal interest in the property.
2.
The owner's name and address if different than the applicant.
3.
Street address or common description and legal description of the property.
4.
Zoning classification and present use of the property.
5.
Description of the proposed conditional use.
6.
Statement as to why the proposed use will comply with the applicable standards in Subsection (G).
7.
Statement identifying any potentially adverse effects and how the proposed conditional use will be designed, arranged and operated in order to ensure that the conditional use will not cause harm to the community and that the value, use and reasonable enjoyment of property in the vicinity will not be adversely affected.
9.
Any additional information as may be required in accordance with the requirements of the zoning district in which the conditional use is proposed to be located.
D.
Commission Action On Conditional Use Permit.
1.
The Commission shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 400.360(B).
2.
Upon conclusion of the public hearing, the Commission shall transmit to the Board of Aldermen its recommendation containing specific findings of fact on the proposed conditional use and any conditions, safeguards and restrictions that the Commission recommends be imposed to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. The record of Commission action shall be sent to the Board of Aldermen within thirty (30) days of the Commission's decision.
E.
Board Of Aldermen Action On Conditional Use Permit.
1.
The Board of Aldermen shall hold a public hearing on an application for conditional use permit. Notice of hearing shall be made in accordance with the provisions of Section 400.360(B).
2.
The Board of Aldermen may, by ordinance, authorize the issuance of a conditional use permit for such use as recommended by the Commission or may reverse or modify such decision by a majority vote of the full Board of Aldermen. In authorizing said conditional use permit, the Board of Aldermen may impose additional conditions or restrictions as it may determine necessary to ensure compliance with the standards set forth in Subsection (G) to avoid, minimize or mitigate potentially adverse effect of the conditional use on the community and properties in the vicinity. All such conditions or restrictions shall be set out in the ordinance approving the conditional use permit.
F.
Permit Validity Time Period. Any conditional use permit authorized shall be validated within six (6) months from the date of approval by the Board of Aldermen or such conditional use permit shall be nullified. The conditional use permit shall be considered validated if a building permit is obtained and the erection or alteration of a structure is started or if an occupancy permit is obtained and the conditional use is commenced. The Board of Aldermen may grant one (1) additional extension of time not exceeding six (6) months, without notice or hearing. Requests for time extension shall be made by filing an application with the City Clerk before the expiration date. If the applicant fails to submit the request for time extension within the specified period, an application for conditional use permit shall be filed in accordance with the provisions of Subsection (C) through Subsection (E).
G.
Conditional Use Standards. A conditional use permit shall be granted only if evidence is presented at the public hearings that the conditional use will comply, to the extent applicable, with the following standards:
1.
The conditional use will be consistent with the policies and intent of the Willard Comprehensive Plan and the Willard Land Development Regulations.
2.
The conditional use will not increase flood or water damage hazard to adjoining properties.
3.
The conditional use will not generate noise that exceeds the sound levels that are typical of uses permitted in the district.
4.
Adequate access roads or entrance and exit drives will be designed and provided to prevent traffic hazards and to minimize traffic congestion at the site.
5.
Street right-of-way and pavement width in the vicinity of the conditional use is or will be adequate for traffic reasonably expected to be generated by the proposed use.
6.
Glare of stationary or vehicular lights from the conditional use will not adversely affect the character of the neighborhood and if such lights will be visible from a residential district, measures to shield or direct lights to mitigate glare are proposed.
7.
The conditional use will not have any substantial adverse effect upon the use or enjoyment of adjacent and nearby property or conditions affecting the public health, safety and welfare.
8.
The conditional use will be designed, constructed and operated so as not to interfere with the development and use of adjacent property in accordance with the applicable zoning district regulations.
9.
In the case of existing structures to be converted to a use requiring a conditional use permit, the structure shall meet all fire, health, building, plumbing and electrical requirements of the City of Willard.
10.
The conditional use otherwise complies with all applicable regulations of this Chapter.
H.
Conditional Use Permits For Towers.
1.
Purpose. The purpose of these restrictions is to:
a.
Minimize the adverse effects of towers on aesthetic and property values through careful design, siting and vegetative screening;
b.
Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures;
c.
Lessen traffic impacts on local streets; and
d.
Maximize use of existing towers to reduce the number of towers needed.
2.
Applicability. In addition to the provisions and restrictions listed above for a conditional use permit, the following requirements for conditional use permit shall also apply to all zoning districts where towers are permitted as a conditional use and to all zoning districts where towers are permitted as a principal or accessory use where:
4.
Approval standards. All applications for a conditional use permit for a tower shall comply with the following requirements. Site includes all property described by the legal description submitted with the conditional use permit application and may be only part of a larger parcel.
a.
Structures shall be set back from adjoining residential-zoned property, property or streets sufficient to:
(1)
Contain on-site substantially all ice-fall or debris from tower failure;
(2)
Preserve the privacy of adjoining residential zoned property. The site is of sufficient size to comply with this standard if:
(a)
Accessory structures comply with the setback standards in the zoning district;
(b)
The tower base is set back from adjoining residential-zoned property, public property or a street by a distance equal to fifty percent (50%) of the height of the tower up to one hundred (100) feet, plus one (1) foot for each foot over one hundred (100) feet in height, unless the tower is designed for collocation of at least two (2) additional carriers, in which case the setbacks for structures in the zoning district where the tower is located shall be complied with or the distance between the tower base and guy wire anchors, whichever is greater;
(c)
The tower is set back from adjoining land in other districts by the rear yard setback required in the adjoining district;
(d)
Guy wire anchors are set back at least twenty-five (25) feet from an adjoining residential-zoned property, public property or a street; and
(e)
Guy wire anchors are set back at least the rear yard setback from adjoining land in other districts.
b.
Set back requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located. The tower shall be set back from other on- and off-site towers and supporting structures far enough so one (1) tower will not strike another tower or support structure if a tower or support structure fails.
c.
The tower shall have the least practicable adverse visual effect on the environment.
d.
Existing on-site trees and shrubs shall be preserved to the maximum extent practicable.
e.
Traffic associated with the facility shall not adversely affect adjoining streets. Vehicular access shall be limited to a major street if the site adjoins both a major and local street.
f.
Adequate off-street parking shall be provided to accommodate workers, employees, invitees and others who may be on location on account of the location of the tower.
g.
The applicant shall demonstrate that the planned equipment cannot be accommodated on an existing or approved tower or location.
5.
Application contents. An application for approval of a conditional use permit for a new tower shall include the following in addition to the application requirements of Subsection (C):
a.
A site plan drawn to scale and identifying the site boundary; tower(s); guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed or replaced; and uses, structures and land-use designations on the site and adjoining parcels;
b.
A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features; and
c.
Evidence that the planned transmission facilities cannot be accommodated on an existing or approved tower and that the planned tower cannot be accommodated on an existing or approved tower site. The Board of Aldermen may consider expert testimony to determine whether other towers or sites could accommodate the planned facilities and whether fees and costs associated with the use of an existing or planned tower or site is reasonable.
6.
Conflict with FCC or FAA regulations. In the event there is a conflict between these regulations and Federal Communications Commission (FCC) or Federal Aviation Administration (FAA) regulations, the FCC or FAA regulations shall govern.
Section 400.340 Site Plan Review.
[Ord. No. 020227 §1(3.22), 2-27-2002]
A.
Applicability. Site plans prepared and approved in accordance with the provisions of this Chapter are required to assist City Administrative Officials in assuring compliance with all applicable requirements of this Chapter and to assist in the review of building permits. Whenever a site plan is required by this Chapter, a building permit shall not be issued until the site plan is approved.
C.
Exemptions. The following uses and activities shall be exempt from the requirements of this Section:
1.
Construction of or additions to single-family or duplex dwellings on a lot of record.
2.
Construction of or addition to any permitted accessory use to a single-family or duplex dwelling on a lot of record.
3.
Remodeling of a building or structure if no enlargement or expansion is involved.
4.
Any temporary use permitted by this Chapter.
D.
Site Plan Application.
1.
Minor or major site plan determination. The site plan application shall be either for minor site plan approval or major site plan approval. A minor site plan shall be required for proposed development on existing platted lots of record that do not require the extension or construction of public improvements to the site. In all other situations where a site plan is required, a major site plan shall be submitted.
2.
Pre-application conference. Although not required, it is recommended that the applicant request a pre-application conference with the City to determine that a minor site plan application is appropriate for the proposed development and to assist the applicant in ensuring conformity with the requirements of the site plan application.
E.
Minor Site Plan Review Process.
1.
The minor site plan application shall be reviewed by the Administrative Official designated by the City within thirty (30) days of application or such longer time as may be agreed to by the applicant. The City shall review the site plan to determine compliance with the applicable regulations of this Chapter and the standards established in Subsection (H). Upon completion of review, the City shall either approve the site plan based on findings in accordance with Subsection (H), approve the site plan subject to specific modifications or, based on such findings, decline to approve the site plan.
2.
The City shall return one (1) copy of the site plan to the applicant indicating the determination made and any modifications necessary. If the City takes no action within the thirty (30) days specified, the site plan shall be deemed to be approved.
3.
If the City declines to approve the site plan or if it approves the site plan subject to certain modifications that are not acceptable to the applicant, the applicant may request review and determination by the Planning and Zoning Commission. The applicant shall submit a written request for review by the Commission within fifteen (15) days of decision by the City Administrative Official. The Commission shall have forty-five (45) days from the date of the applicant's request to make a determination. The actions of the Commission shall be final.
F.
Major Site Plan Review Process.
[Ord. No. 140512 §1, 5-12-2104]
1.
Commission review. The Commission shall review all major site plan applications and make its recommendation to the Board. The application for major site plan review shall be submitted no less than fifteen (15) working days prior to the Commission meeting at which the site plan will be considered. The City Clerk will transmit the site plan to the City Engineer or other Administrative Official for review and recommendations prior to the scheduled Commission meeting.
2.
Commission action on site plan. The Commission shall review the site plan and shall make its recommendations to the Board of Aldermen based on the standards for site plan review in accordance with Subsection (H). The Commission may recommend to the Board of Aldermen the approval of the site plan, recommend the approval of the site plan subject to specific modifications or recommend the disapproval of the site plan.
G.
Effect Of Site Plan Approval. Approval of the site plan, or of the site plan with modifications acceptable to the applicant, shall authorize the continued processing of applications for any further permits which may be required by this Chapter or any other ordinances of the City, including approvals such as a building permit, a certificate of occupancy or a conditional use permit. A site plan approval shall be valid for a period no longer than eighteen (18) months from the date of approval unless a building permit is issued and construction begun within the eighteen (18) month period.
H.
Site Plan Review Standards. Site plans shall be reviewed and approved unless it is found in writing that:
1.
The site plan application indicates violations of any applicable provisions of this Chapter, which the applicant has, after written request, failed or refused to correct.
2.
The site plan will result in unauthorized encroachment on an easement, roadway, utility or public or private right-of-way.
3.
In the case of a site plan submitted in conjunction with an approved development plan, conditional use permit, planned unit development or any other specific development standards, the site plan does not adequately meet the specified standards.
4.
The proposed site plan does or will create specific drainage or erosion problems.
5.
The screening and buffer area landscaping plan for the site does not or will not adequately shield the proposed use from adjacent uses which may not be compatible with the proposed use.
6.
The circulation elements of the site plan, including road and pedestrian circulation elements, will create hazards to safety on or off the site, uncoordinated pedestrian or vehicular circulation paths on or off the site or result in undue interference or inconvenience to vehicular or pedestrian travel.
Section 400.350 Amendments.
[Ord. No. 020227 §1(3.23), 2-27-2002; Ord. No. 101228C §1, 12-28-2010]
A.
Amendments Authorized. The Board of Aldermen may from time to time by ordinance amend, supplement, change, modify or repeal the boundaries of the zoning districts or the regulations herein or subsequently established. The Board of Aldermen must receive the recommendation and report of the Commission before it may take any such action.
B.
Initiation Of Amendment. Amendments may be proposed by the Board of Aldermen, the Planning and Zoning Commission or by any person owning or having an interest in property in the City of Willard. If the Board of Aldermen initiates an amendment, the Board's proposal shall be transmitted to the Commission for the Commission's report and recommendation.
C.
Application For Amendment. An application for an amendment, along with pertinent data and information as may be required by the Commission, shall be submitted to the Commission at least thirty (30) working days prior to the public hearing to be held by the Commission on the application. Applications for amendments initiated by the Commission or the Board of Aldermen shall be accompanied by a motion of such body pertaining to the proposed amendment. The application shall be submitted on forms provided by the City Clerk and shall contain the following information, dependent on the type of amendment requested:
1.
For changes in the zoning district classification (rezoning).
a.
Applicant's name, address, phone number and interest in the property.
b.
Owner's name, address and phone number and, if different than the applicant, the owner's signed consent to the filing of the application and authorization for the applicant to act on the owner's behalf.
c.
The street address of such property and if there is no street address, a sufficient description of the location of said property to enable the ordinary person to determine its location.
d.
Legal description of the property proposed for rezoning.
e.
The current zoning classification of the property and current use of the property.
f.
The amendment or zoning classification requested.
g.
The names and addresses of all property owners within one hundred eighty-five (185) feet of the subject property. The list of property owners shall be compiled from the property ownership records of the Greene County Assessor's office or by a title company authorized to issue title policies in the State of Missouri.
h.
Such additional information that the Commission may, by rule, require.
i.
Application fee in the amount of fifty dollars ($50.00).
2.
For text amendments.
a.
The name, address and phone number of the applicant.
b.
The Section of the text of the ordinance proposed to be amended.
c.
The wording of the proposed amendment.
d.
An identification of any property owned, controlled or occupied by the applicant that would be benefited by the proposed amendment.
e.
An explanation of the extent to which other properties in the City that are subject to the regulations proposed to be amended would be affected by the proposed amendment.
f.
Application fee in the amount of fifty dollars ($50.00).
D.
Public Hearing Before Commission. The Commission shall hold a public hearing on all proposed amendments in zoning district classifications or the text of this Chapter. Notice of public hearing shall be provided in accordance with the requirements of Section 400.360. The applicant or his/her agent shall present evidence to the Commission in regard to the applicant's request for the amendment.
E.
Commission Recommendations. Within thirty (30) days after the public hearing, except when the applicant requests the amendment be tabled, the Commission shall make one (1) of the following recommendations in connection with the proposed amendment in zoning district classification or the text of this Chapter:
1.
Recommend against the proposed change in zoning district classification or the text of the ordinance;
2.
Recommend a change in the zoning district classification or the text of this Chapter;
3.
Recommend a change in the zoning district classification or the text of this Chapter together with recommendations that, in the judgment of the Commission, will protect adjacent or other affected property and ensure that the proposed amendment is consistent with the intent of this Chapter and the Willard Comprehensive Plan.
F.
Report Of Commission Action Taken. The Commission shall make written findings of fact on the proposed amendment and shall submit same together with its recommendations to the Board of Aldermen. The Commission shall not, however, forward its recommendations to the Board of Aldermen when at the meeting before the Commission the applicant or his/her agent did not appear and present evidence in regard to the applicant's request for the amendment.
G.
Public Hearing Before Board Of Aldermen. A public hearing shall be held before the Board of Aldermen before adopting any proposed amendment, change, supplement or repeal to this Chapter. Notice of public hearing shall be made in accordance with the requirements of Section 400.360.
H.
Evidentiary Matters Before Board Of Aldermen.
1.
No person shall present testimony to the Board of Aldermen which is substantially different from that presented to the Commission at its hearing on the matter and no exhibit will be accepted by the Board of Aldermen that has not been presented to the Commission at its hearing on the matter. However, this Subsection is not intended to prevent the introduction of new testimony, new exhibits or other new evidence when there is a clear showing, as determined by a majority of the Board of Aldermen, that the introduction of such evidence before the Commission was not in good faith, reasonably possible.
2.
Should a person present testimony that is substantially or materially different from that presented to the Commission at its hearing on the matter or should an exhibit be offered that has not been presented to the Commission at its hearing on the matter, subject to the exception contained in Subsection (H)(1), any person on the opposing side of the matter before the Board of Aldermen may claim prejudice from such presentation or offering and the Board of Aldermen shall upon such a claim have sole discretion to determine whether the person claiming prejudice has in fact been prejudiced from such presentation or offering. Upon a determination that a prejudice exists, the Board of Aldermen shall refer the matter back to the Commission for a new notice and public hearing.
I.
Actions Of Board Of Aldermen.
1.
When the Commission has recommended a change in zoning district classification or the text of this Chapter together with recommendations for additional requirements pursuant to Subsection (E)(3), the Board of Aldermen shall have the discretion to accept, reject or make other or additional requirements. Any such requirements shall become a part of the ordinance changing the zoning classification of such property or the text of this Chapter. Such requirements regarding a change in zoning district classification shall be considered as an amendment to this Chapter insofar as it is applicable to such property. Such requirements shall be considered as conditions precedent to the granting of a certificate of occupancy and there shall be compliance with such requirements before a certificate of occupancy will be issued by the City Clerk for the use or occupancy of the building, land or structure on such property.
2.
The Board of Aldermen shall not consider any zoning classification for a property in cases which involve a change from an existing zoning classification to another other than the zoning classification requested in the amendment application or the zoning classification expressly stated as considered by the motion of the Commission in its written report to the Board of Aldermen. If the applicant files a written request with the City Clerk prior to the final action of the Board of Aldermen stating that the applicant will pay the fees set forth for a zoning amendment application, then the Board of Aldermen may consider such different zoning classification only after referring the written request to the Commission for new public hearing and after receipt of the Commission's written report and decision and after new notice and public hearing before the Board of Aldermen.
J.
Limitations On Rezoning Applications. No application for rezoning of any tract, lot or parcel of land shall be allowed prior to the expiration of six (6) months from the time the Board of Aldermen shall have finally acted on any application for rezoning of all or any part of the same lot, tract or parcel, unless the application previously acted upon was initiated by the Commission or the Board of Aldermen or unless the applicant can demonstrate substantial change in condition that should warrant consideration of a new application.
K.
Two-Thirds (2/3) Majority Necessary When Protest. In case of a protest against a rezoning amendment duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the district proposed to be changed, then the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen shall be required for the amendment to be enacted.
Section 400.360 Notices of Public Hearing.
[Ord. No. 020227 §1(3.24), 2-27-2002]
A.
Board Of Adjustment Hearing. Notice of public hearing before the Board of Adjustment on any application for variance or appeal shall be in accordance with the following requirements:
1.
Publication of notice in a newspaper of general circulation in the City of Willard at least fifteen (15) days prior to said hearing.
2.
Posting of notice in three (3) conspicuous places on the subject property at least ten (10) days prior to the hearing date.
3.
Sending of notice by first class mail to all property owners of record within one hundred eighty-five (185) feet of subject property.
B.
Planning And Zoning Commission Hearing.
1.
Rezonings, conditional use permits and variances. Notice of public hearing before the Commission on any application for rezoning, conditional use permit or variance shall be in accordance with the following requirements:
a.
Publication of notice in a newspaper of general circulation in the City of Willard at least fifteen (15) days prior to said hearing.
b.
Posting of notice in three (3) conspicuous places on the subject property at least ten (10) days prior to the hearing date.
c.
Sending of notice by first class mail to all property owners of record within one hundred eighty-five (185) feet of subject property.
2.
Text amendments. Notice of public hearing before the Commission on any amendment to the text of this Chapter shall be given by publication of notice in a newspaper of general circulation in the City of Willard at least fifteen (15) days prior to said hearing.
C.
Board Of Aldermen Hearing. Notice of hearing before the Board of Aldermen on any rezoning, conditional use permit, variance or amendment to the text of this Chapter shall be given in the same manner as required for hearings before the Commission in accordance with Subsection (B).
D.
Contents Of Public Hearing Notices. All notices of hearing required by this Section shall include the following information:
1.
Name of the applicant.
2.
Name of the property owner, if different than the applicant (not required for text amendment).
3.
Street address or common description of the property involved (not required for text amendment).
4.
Legal description of the property involved (not required for text amendment).
5.
Concise description of the nature of the request.
6.
Date, time and place of the public hearing.
7.
Place at which further information regarding the request can be obtained.
E.
Party Responsible For Public Notice. The City shall be responsible for providing notice of all hearings required pursuant to this Section. Where notice by first class mail to property owners of record is required, the applicant shall provide the City with:
1.
A list of said property owners and addresses that has been compiled from the property ownership records of the Greene County's Assessor's office or by a title company authorized to issue title policies in the State of Missouri, and
2.
One (1) addressed and stamped business size envelope for each name on the property owners' list. The applicant shall be responsible for the costs incurred to provide public notice.
F.
Substantial Compliance Of Public Notice. With respect to the mailing and posting of notices of public hearing, substantial compliance with such provisions shall be deemed to constitute proper notice.