§ 25-12. Amendments, changes, etc., to chapter.

(a)

Authority generally. The city council may, from time to time, on its own motion or on petition after the public notice and hearings thereon, as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established in this chapter. Before taking any action upon any proposed amendment, supplement, change or modification, the same shall be referred by the city council to the planning and zoning commission for hearing, report and recommendations.

(b)

Protests. In case of a protest against such amendment, supplement, change, modification or repeal, duly signed and acknowledged by the owners of ten (10) percent or more either of the areas of land included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by the favorable vote of two-thirds of the members of the city council.

(c)

Notice of hearings. No action of an amendment, change, modification or repeal shall be taken until after a public hearing is held before the planning and zoning commission in relation thereto, at which hearing the parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of time and place of such hearing shall be published in a paper of general circulation in the city. All reasonable effort shall be made to notify the owners of property to be rezoned and owners of all land within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be rezoned, by certified mail, addressed to their last known address.

(d)

Rezoning property to a planned district. A tract of land may be rezoned RP-1 through MP-2, inclusive, only upon application by the owner or his agent, and only upon approval of a preliminary development plan. The proponents of a planned district shall prepare and submit to the zoning administrator the following:

(1)

A preliminary development plan showing the property to be included in the proposed development, plus the area within two hundred (200) feet thereof;

(2)

The following items shall be included on the property to be developed:

a.

Existing topography with contours at five-foot intervals, provided that where natural slopes are sufficiently flat, the zoning administrator may require contours at lesser intervals. In the case of small tracts of land where grade changes are not critical to the quality of development, the zoning administrator may waive the contour information;

b.

Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements;

c.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan;

d.

General extent and character of proposed landscaping.

(3)

The following items shall be shown on the same drawing within the two-hundred-foot adjacent area:

a.

Any public street which is of record;

b.

Any drives which exist or which are proposed to the degree that they appear on plans on file with the city, except those serving single-family houses;

c.

Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the city. Single- and two-family residential buildings may be shown in approximate location and general size and shape;

d.

The location and size of any drainage structures, such as culverts, paved or earthen ditches or storm sewers and inlets.

(4)

A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces and other quantities relative to the submitted plan in order that compliance with ordinance requirements can be determined.

The planning and zoning commission shall hold a public hearing on the zoning application, including the plan as provided by law. At such time as the development as planned meets with the approval of the commission, the same shall be duly approved, properly endorsed and identified and sent on to the council for action.

Prior to issuance of building permits, the final plans for buildings and site improvements shall be submitted to the city codes and planning director, to review with the engineering department, as to compliance with the development plan. The development may proceed in stages and final plans for each stage shall be submitted and approved prior to permit issuance. The final plans, in addition to building construction plans, shall include a landscape and screening plan showing species and size of all plant materials, areas to be seeded, sodded, etc., all to be in keeping with the development plan as approved.

If, in the judgment of the codes and planning director and the city engineer, the concept of development, as depicted on the final plans, deviates substantially from the concept of the preliminary development plan submitted for zoning, the codes and planning director shall deny the request for final plan approval.

In the event that construction of all improvements shown on the final plan is not completed within a period of three (3) years following the date the preliminary plan was approved by the city council, then the zoning district classification for said tract of land shall automatically revert to its former classification immediately preceding such rezoning.

In the event that development proceeds in stages, then the construction of all improvements shown on the final plan for the first stage shall be completed within a period of three (3) years following the date the preliminary plan was approved. The construction of all improvements shown on the final plan for each subsequent stage shall be completed within a period of three (3) years following the date the final plan for that particular stage was approved. Failure to construct the improvements within the time periods specified herein shall cause the zoning district classification with respect to that portion of the tract of land shown on such final plan, together with all sequentially following stages, to automatically revert back to the zoning district classification immediately preceding such rezoning.

The applicant, in case of denial, may apply for a new hearing, with publication as required in this section, and the commission and council may approve or deny the final plans after said hearing. All decisions of the planning commission may be appealed to the city council, who may reverse or affirm the same.

(e)

List of property owners, etc.; scale drawings, etc. Any person, property owner or other interested parties requesting that a tract or parcel of land, lots or blocks be changed, amended or rezoned shall provide the planning and zoning commission with a complete list of the names, addresses and legal description of land of all adjacent and adjoining property owners within one hundred eighty-five (185) feet of the proposed area to be changed or rezoned. Such list shall be certified as to accuracy by an abstractor, and the costs of such list and certification shall be paid by the requesting person, owner or parties, which shall also include the expense of notice by certified mail to adjacent and adjoining property owners or owner entitled to such notification. The planning and zoning commission shall have the further right to require the requesting party to provide a scale plat, drawing plat or drawing of the area proposed to be changed and the surrounding area if, in their opinion, the circumstances warrant such drawing.

(f)

Rezoning property to historic. A property or district that is rezoned to a historic zoning designation does not require a notice to adjacent property owners within one hundred eighty-five (185) feet. It does require approval from the Kirksville Historic Preservation Commission, the Kirksville Planning and Zoning Commission, and the Kirksville City Council. A property zoned historic by recommendation and action of the above entities retains its underlying original zoning district requirements concerning the use of the property, setbacks, parking, and other requirements of the district. The historic zoning designation is overlaid on the original zoning district.

(Code 1974, § 25-12; Ord. No. 11029, § 2, 4-6-92; Ord. No. 11296, 6-16-97; Ord. No. 11813, 11-6-2007; Ord. No. 11934, 9-20-2010)

State law reference

Changes in zoning regulations, RSMO. § 89.060.