[Ord. No. 3674-05 §§1—3, 8-17-2005]
A.
The
purpose of this Article is to establish the procedures for:
[Ord. No. 3674-05 §§1—3, 8-17-2005]
A.
Amendments
to zoning district boundaries or to the provisions and regulations
contained in this Chapter, authorization of a Special Land Use Permit,
Planned District or an Overlay District, may be initiated in the following
manner.
1.
The City Council on its own volition or on recommendation from the
City Plan Commission.
2.
By petition of the property owner(s) or their representative(s) to
be affected by the proposed zoning amendment, Special Land Use Permit,
Planned District or Overlay District or by an organization or government
body.
[Ord. No. 3674-05 §§1—3, 8-17-2005; Ord. No. 4674-19, 4-17-2019]
A.
Upon
receipt of recommendations of the City Manager and the City Planner,
the City Council shall periodically establish a schedule of fees,
charges and expenses, escrows, and a collection procedure for all
matters pertaining to this Chapter. The schedule of fees shall be
filed with the City Clerk in the offices of the City Planner. Until
all applicable fees, charges and expenses have been paid in full,
no action shall be taken on any matter or on any appeal provided by
this Chapter.
B.
Before
any action shall be taken as provided in this Article, a fee, as set
forth in the fee schedule kept in the offices of the City Planner,
shall be paid to the City for each application for rezoning, Special
Land Use Permit, Special Land Use Permit Expansion, Planned District
and Overlay District to cover the costs of advertising and other administrative
expenses involved, including the cost of certified mailings.
C.
Petitions
filed by the second (2nd) to last Wednesday of each month shall be
forwarded to the Council for referral to the City Plan Commission
for consideration at their meeting the following month.
D.
Any
petition for a rezoning, Special Land Use Permit, Special Land Use
Permit Expansion, Planned District or Overlay District not finalized
within six (6) months of the original filing date shall become null
and void and the petitioner shall be required to resubmit his/her
petition in order to effect any changes sought.
E.
Should
the petitioner withdraw the petition for a rezoning, Special Land
Use Permit, Special Land Use Permit Expansion, Planned District or
Overlay District within five (5) working days of the initial filing,
any fees deposited with the City shall be refunded. Under no condition
shall the fee or any part thereof be refunded for failure of the petition
for rezoning, Special Land Use Permit, Special Land Use Permit Expansion,
Planned District or Overlay District to be adopted by the Council.
[Ord. No. 3674-05 §§1—3, 8-17-2005]
A.
When
a petition involves a change in the zoning district classification
of a property(s) and Zoning Map or a Special Land Use Permit, Special
Land Use Permit Expansion, Planned District or Overlay District, the
following information shall be submitted to the Director of Public
Works on application forms provided by the City.
1.
A plot plan with the legal description and boundary markers.
2.
The name and address of the petitioner(s).
3.
The petitioner's interest in the lot(s) and, if not the owner, the
name and address of the lot(s) owner(s).
4.
Written consent of the owner(s) of the lot(s) if the petition is
not filed by the owner(s).
5.
Date of filing with the Public Works Director.
6.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information.
7.
The present and proposed zoning.
[Ord. No. 3674-05 §§1—3, 8-17-2005]
A.
Any
request for a proposed rezoning amendment, Special Land Use Permit,
Special Land Use Permit Expansion, Planned District, Overlay District,
supplement, change, modification or repeal shall first be submitted
by the City staff to the City Council for referral to the City Plan
Commission. The City Plan Commission shall use the following as guidelines
for its recommendations.
1.
Relation of the proposed change to the goals, objectives and policies
of the City's Comprehensive Plan.
2.
The appropriateness of the zoning classification of property adjacent
to and within the general area of the lot(s) in question and impacts
of the proposed development on adjacent properties and surrounding
area, including traffic, aesthetic, visual, utility, public facility
and other potential adverse impacts.
3.
Compatibility of the proposed change with existing uses of property
adjacent to and within the general area of the lot(s) in question
and the suitability of the lot(s) in question to the uses permitted
under the existing zoning classification and to the uses requested
under the proposed zoning classification, Special Land Use Permit,
Special Land Use Permit Expansion, Planned District or Overlay District.
4.
The functionality of the site plan if applicable.
5.
Whether the proposed change allows for a reasonable and efficient
use of the property in question.
B.
The
City Plan Commission shall recommend approval, conditional approval
or denial of the same and a report of its action shall be filed by
the City Plan Commission with the City Council. During its review
process the City Plan Commission may consider and require a letter
of recommendation by the Director of Public Works. If the City Plan
Commission makes no recommendation within sixty (60) days of the receipt
of the petition, it shall be considered to have made a recommendation
approving the proposed rezoning, Special Land Use Permit, Special
Land Use Permit Expansion, Planned District, Overlay District, amendment,
supplement, modification, change or repeal. Upon the filing of the
recommendations by the City Plan Commission with respect to any proposed
rezoning, Special Land Use Permit, Planned District, Overlay District,
amendment, supplement, modification, change or repeal, the Council
shall proceed to hold a public hearing in relation thereto.
[Ord. No. 3674-05 §§1—3, 8-17-2005; Ord. No. 4137-11 §1, 4-6-2011]
A.
In
case of an adverse report by the City Plan Commission or if a protest
against such proposed amendment, Special Land Use Permit, Special
Land Use Permit Expansion, Planned District, Overlay District, supplement,
change, modification or repeal shall be presented in writing to the
City Clerk, duly signed and individually notarized by the owners of
thirty percent (30%) or more, either of the area of the land (exclusive
of streets, places and alleys) included within such proposed amendment,
Special Land Use Permit, Special Land Use Permit Expansion, Planned
District, Overlay District, supplement, change, modification or repeal
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, Special Land Use Permit, Special
Land Use Permit Expansion, Planned District, Overlay District, supplement,
change, modification or repeal shall not become effective except by
the favorable vote of two-thirds (2/3) of all the members of the City
Council. Said protest petition shall be filed with the City Clerk
within seven (7) days from the advertised date of the public hearing
concerning such proposed Special Land Use Permit, Special Land Use
Permit Expansion, rezoning, amendment, supplement, modification, change
or appeal.
B.
The
recommendations of the City Plan Commission shall not be binding on
the City Council which may approve or disapprove the City Plan Commission's
findings; provided however, that the affirmative vote of six (6) members
of the City Council shall be required to adopt any Special Land Use
Permit, Special Land Use Permit Expansion, rezoning, resubdivision,
amendment, supplement, modification, change or appeal contrary to
the recommendation of the Commission.
[Ord. No. 3674-05 §§1—3, 8-17-2005]
A.
Upon
the receipt of the recommendations and report by the City Plan Commission
with respect to any proposed zoning amendment, Special Land Use Permit,
Special Land Use Permit Expansion, Planned District, Overlay District,
supplement, change, modification or repeal, the City Council shall
proceed to hold a public hearing in relation thereto within sixty
(60) days upon the filing of the City Plan Commission report and recommendations.
B.
The
City Council shall cause notice of the time, place and purpose of
such public hearing to be published in two (2) consecutive issues
of a newspaper of general circulation in the City, the first (1st)
notice of which shall be published at least fifteen (15) days prior
to the date of the hearing and shall, in addition, cause similar notices
to be prominently posted at least fifteen (15) days prior to the hearing
on the subject property and on City bulletin boards. The notice shall
contain the following information.
1.
The approximate street location or address of the lot(s).
2.
Name of the person(s), company, etc. seeking the zoning change.
3.
Present zoning classification, Special Land Use Permit, Special Land
Use Permit Expansion, Planned District, Overlay District of the lot(s).
4.
Proposed zoning classification, Special Land Use Permit, Special
Land Use Permit Expansion, Planned District or Overlay District sought.
[Ord. No. 3674-05 §§1—3, 8-17-2005]
At least fifteen (15) days prior to any public hearing on any
such proposed zoning change, Special Land Use Permit, Special Land
Use Permit Expansion, Planned District, Overlay District or amendment,
the City Clerk shall mail a written notice to the last known place
of abode of the owners of all property lying within an area determined
by lines drawn parallel to and one hundred eighty-five (185) feet
distant from the boundaries of the proposed zoning change, Special
Land Use Permit, Planned District, Overlay District or amendment.
Said notification shall be by letter and shall include the notice
of public hearing to be held before the City Council stating date,
time and place and reason for the public hearing.
[Ord. No. 3674-05 §§1—3, 8-17-2005]
The posting and notification procedures established in Sections 405.120 and 405.125 shall not apply to amendments to this Chapter that are of a general nature and not applicable only to a specific lot or lots, nor shall such procedures apply to changes in the Official Zoning Map and underlying changes in zoning district regulations for lots within six (6) months of the adoption of this Chapter as may be necessary to conform properties in the City to the zoning districts created by this Chapter. Zoning amendments subject to this Section shall comply with the public hearing and publication procedures required for zoning changes as established by Chapter 89, RSMo.
[Ord. No. 3674-05 §§1—3, 8-17-2005]
Within sixty (60) days of the receipt of the recommendations
and report by the City Plan Commission with respect to any proposed
zoning change, Special Land Use Permit, Special Land Use Permit Expansion,
Planned District, Overlay District, amendment, supplement, modification
or repeal, the City Council shall proceed to hold a public hearing
in relation thereto. Notice of time and place of hearing shall be
published at least fifteen (15) days prior to the hearing.
[Ord. No. 3674-05 §§1—3, 8-17-2005; Ord. No. 4210-12 §1, 5-16-2012]
An applicant having been denied a zoning change, Special Land
Use Permit, Special Land Use Permit Expansion, Planned District or
Overlay District by the City Council cannot refile a substantially
similar petition for a rezoning change, Special Land Use Permit, Special
Land Use Permit Expansion, Planned District or Overlay District of
the subject property for a period of one (1) year following its denial
by the Council.
