[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 01-111 §6, 9-26-2001; Ord. No. 01-145 §1, 11-28-2001; Ord. No. 04-017 §1, 2-10-2004; Ord. No. 04-053 §1, 4-13-2004; Ord.
No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord.
No. 10-041 §52, 6-2-2010]
A.
The
County Council or Planning and Zoning Commission may, from time to
time, on its own motion or on petition, amend, revise or change the Unified Development Ordinance or the zoning district boundaries herein or subsequently established. The procedure is as set out in Subsection (B) hereof.
B.
Procedures For Rezonings.
1.
Change by petition. Applications for amendment,
revision or change of the Zoning District Map of St. Charles County
may be made by any owner, attorney, agent, representative or contract
purchaser who wants land to be rezoned. Satisfactory evidence of ownership
shall be provided at the time of application. Such application shall
be made upon forms prescribed by the Planning and Zoning Commission
and duly filed with the Division of Planning and Zoning. For the purpose
of developing a staff recommendation to approve, reject or modify
the rezoning, an applicant for rezoning authorizes the Community Development
Department's staff, or staff of other agencies at the Department's
direction, to enter and inspect the subject property. This authority
shall cease upon the Governing Body's decision on the rezoning.
b.
Immediately upon receipt of such applications which include all items
listed above, the Division of Planning and Zoning shall note thereon
the date of filing and make a permanent record thereof.
c.
All such applications shall be set down for hearing before the
Planning and Zoning Commission not later than the second regular monthly
meeting of the Planning and Zoning Commission from the date of filing
the same. Notice of such hearing shall be posted at least fifteen
(15) days in advance thereof in one (1) or more public areas of the
Administration Building of the County and on the St. Charles County
Government website. Notice shall also be given, at least fifteen (15)
days before the hearing, by U.S. mail to all owners of any real property
(as per the current records of the St. Charles County Assessor) within
one thousand (1,000) feet of the parcel of land for which the change
is proposed, except when the parcel of land for which the change is
being proposed is located in an Agricultural Zoning District and more
than seventy-five percent (75%) of the linear boundary of said parcel
adjoins property located in an Agricultural Zoning District, in which
case, notice shall be mailed to all owners of any real property within
two thousand (2,000) feet of the parcel of land for which the change
is proposed.
[Ord. No. 13-060 §4, 8-12-2013; Ord. No. 19-015, 3-25-2019]
d.
The hearing may be continued and/or the deliberation on a case delayed
until the next regularly scheduled meeting by the concurrence of three
(3) Commissioners on a one-time basis. Additional hearing and/or deliberation
continuances shall require the majority vote of the Commission. Upon
the final hearing of such application the Planning and Zoning Commission
shall approve or deny that application by majority vote. A report
of the Commission's action, together with a recommendation for final
approval or denial, shall be made by the Commission to the Governing
Body within forty-five (45) days of the conclusion of the public hearing.
e.
Upon receipt of the Planning and Zoning Commission's report and recommendation,
the Governing Body may approve, deny or amend the application or the
applicant may amend the application. The proposed amendment must either
reduce the area to be rezoned or reduce the intensity of the original
zoning district applied for.
2.
Change by the County Council or the Planning and Zoning Commission. Recommendations for revision, amendment or change of this Chapter or Chapter 410, including the Zoning District Map, may also be made by the Planning and Zoning Commission upon its own motion, for final determination by the County Council; likewise, the County Council may revise, amend or change this Chapter or Chapter 410 upon its own motion. In the case of a recommendation for revision by the Planning and Zoning Commission, final action thereon shall be taken only after notice and hearing as provided in Section 405.535(B)(1)(d) above. In the case of a recommendation for revision by the County Council, final action thereon shall be taken by ordinance.
3.
Written protest. In case of written protest (legal
remonstrance) against any proposed change, revision, or amendment
signed and acknowledged by thirty percent (30%) of the owners of real
property within one thousand (1,000) feet of the parcel of land for
which the change, revision, or amendment is proposed, or in cases
where the land affected lies within one and one-half (1½) miles
of the corporate limits of a municipality having in effect ordinances
zoning property within the corporate limits of such municipality,
made by resolution of the City Council or Board of Trustees thereof,
and filed with the County Registrar, such change, revision, or amendment
may not be passed except by five (5) of the seven (7) members of the
County Council.
4.
Time limit on repeat applications previously denied. Any application for amendment, revision, or change of the Zoning
District Map that does not receive final approval of the County Governing
Body may not be resubmitted to the Planning and Zoning Commission
as a new application for a period of at least twelve (12) months from
the date of the Governing Body's final decision, except in cases where
the requested zoning district(s) differs from the original application.
5.
Any amendment, revision or change authorized by this Section
constitutes legislative action by the Governing Body of St. Charles
County and is not subject to review as an administrative decision
notwithstanding any provision to the contrary in Section 64.120, Revised
Statutes of Missouri, as amended.
[Ord. No. 15-097 §6, 9-28-2015]
[1]
Cross Reference—As to specific fees, see ch. 425 of this code
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code. For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
