[R.O. 2013 § 405.220; Ord. No.
11-34 § 1, 7-25-2011; Ord. No. 11-37 § 1, 8-8-2011]
A.
The Board of Aldermen may by ordinance amend, supplement, change
or generally revise the boundaries or zoning designations of districts
established in this Title IV. Such amendment may be initiated by the
Board of Aldermen's own motion or that of the Planning and Zoning
Commission. If the proposed amendment is not a general revision of
the existing boundaries or zoning designations of the City but rather
only affects select parcels of property, the amendment may be initiated
by application of the owner(s) of the property affected.
B.
Applications for change in zoning district boundaries or designations
shall be filed in writing, in duplicate, with the City Clerk on a
form provided by the Board of Aldermen or the City Planning and Zoning
Commission accompanied by such data and information as so prescribed
including, but not limited to:
1.
An ownership list, obtained from County records, listing the
legal description and the name and address of the owners of all property
located within one hundred eighty-five (185) feet distant from the
boundaries of the property included in the application.
2.
A filing fee as established by the Board of Aldermen. A separate
filing fee shall be required for each request.
3.
Where necessary, a plat plan, drawn to scale in duplicate, showing
existing and proposed plans for the area in question shall be submitted.
C.
Upon receipt of an application in proper form as determined by the
City Clerk, the application shall be placed before the Board of Aldermen
at their next regularly scheduled meeting. The Board shall either:
1.
Within forty-five (45) days refer the application to the City
Planning and Zoning Commission. The Board of Aldermen may set a date
by which the recommendation shall be returned, no less than twenty
(20) days from the date of such setting. The Board may proceed without
receipt of such recommendations in the absence of receipt by such
date; or
2.
Reject an application without referring it to the Planning and
Zoning Commission and without publishing a notice of hearing if the
application is made within six (6) months of the Board's rejection
of a previous application seeking an amendment for the same or a larger
or smaller included tract.
D.
Planning And Zoning Commission Recommendation.
1.
In order to recommend approval or disapproval of the proposed
zoning district boundary or designation amendment, the Planning and
Zoning Commission shall determine whether the application is found
to be generally compatible with the Comprehensive Plan and ordinances
of the City including the following considerations:
a.
Character of the district;
b.
To facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements;
c.
Suitability of the uses to which the property has been restricted
under its existing zoning;
d.
Length of time property has remained vacant as zoned;
e.
Compatibility of the proposed district classification with nearby
properties;
f.
The extent to which the zoning amendment may detrimentally affect
nearby property;
g.
Whether the proposed amendment provides a disproportionately
great loss to the individual landowners nearby relative to the public
gain;
h.
To prevent the overcrowding of land;
i.
To avoid undue concentration of population;
j.
To preserve features of historical significance; and
k.
Encourage the most appropriate use of land throughout the municipality.
2.
An affirmative vote of a majority of the membership of the Planning
and Zoning Commission present shall be required to make recommendations
to the Board of Aldermen, unless otherwise prescribed by State law.
3.
If the Planning and Zoning Commission fails to make a timely
recommendation on the application, the Planning and Zoning Commission
shall be deemed to have made a recommendation of disapproval.
E.
Board Of Aldermen Action.
1.
Upon receipt of the Planning and Zoning Commission's recommendation,
the Board of Aldermen may return such recommendation to the Planning
and Zoning Commission with a statement specifying the basis for the
Board of Aldermen's failure to approve or disapprove. If the Board
of Aldermen returns the Planning and Zoning Commission's recommendation,
the Planning and Zoning Commission, after considering the same, may
resubmit its original recommendation giving the reasons therefore,
or submit a new and amended recommendation. If the Planning and Zoning
Commission fails to re-deliver its recommendation to the Board of
Aldermen following the Planning and Zoning Commission's next regular
meeting after receipt of the Board of Aldermen's report, the Board
of Aldermen shall consider such course of inaction on the part of
the Planning and Zoning Commission as a resubmission of the original
recommendation and proceed accordingly.
2.
Upon receipt of the Planning and Zoning Commission's recommendation approving the application, the Board of Aldermen shall schedule a public hearing pursuant to Subsection (F) and the notices shall be sent pursuant to Subsection (G) unless the Board takes the action set forth in Subsection (E)(1) above.
3.
Upon receipt of the Planning and Zoning Commission's recommendation disapproving the application, the Board of Aldermen may set a public hearing as provided in Subsection (F), upon its own motion, take the action set forth in Subsection (E)(1) above, or the Board of Aldermen may by motion file such recommendation of rejection and the application shall thereupon be deemed rejected unless, within ten (10) days from such filing, the applicant files a written request with the City Clerk for a public hearing under Subsection (F) or makes an oral request therefore at a regular or special meeting of the Board of Aldermen, whereupon the Board of Aldermen shall set such a public hearing and send the notices pursuant to Subsection (G).
4.
Following public hearing, the Board of Aldermen may:
5.
If the Board of Aldermen fails to act upon a recommendation
within one hundred twenty (120) days from the receipt thereof, the
application shall be deemed to have been denied.
F.
Public Hearings.
1.
No amendment, supplement, or change of the regulations or restrictions
or boundaries of districts shall become effective until after the
Board of Aldermen has held a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to
be heard. At least fifteen (15) days' notice (but no more than thirty
(30) days' notice) of the time and place of such hearing shall be
published in a newspaper of general circulation in the City of Fredericktown.
This notice shall contain:
2.
When the consideration of an application requires a public hearing,
the following shall apply:
a.
Purpose. The purpose of a public hearing is to provide the applicant
and all other interested parties a reasonable and fair opportunity
to be heard, to present evidence relevant to the application and to
rebut evidence presented by others.
b.
Continuance. Any applicant or their authorized agent may request and be granted one (1) continuance of a public hearing before the Commission, Governing Body or Board. If the date, time and location of the continued hearing is announced and/or posted at the time and location of the original hearing date, no additional notices shall be required to be published or mailed. If a hearing is continued to an unspecified date and time, notice shall be re-published pursuant to Subsection (F)(1) above and re-mailed pursuant to Subsection (G), Notices To Surrounding Property Owners, below. If a subsequent continuance is granted, notice shall be republished and re-mailed in accordance with Subsection (F)(1) above and Subsection (G), Notice to Surrounding Property Owners, below, regardless of announcement at time of continued hearing. The applicant shall pay an additional filing fee at the time of the request for each subsequent continuance.
G.
Notice To Surrounding Property Owners.
1.
In addition to the publication notice referenced in Subsection (F) above, the City Clerk shall utilize the stamped, addressed envelopes provided by the applicant requesting a special use or zoning amendment pursuant to Subsection (B) above to mail notice of the hearing to the neighboring owners of record sent by regular mail at least fifteen (15) days prior to but not more than thirty (30) days prior to the scheduled hearing. A list of the names and addresses of the property owners notified will be maintained by the City Clerk along with the date of the notice mailing. The notice shall include the location, time and place of the public hearing and a statement regarding the purpose of the hearing including, but not limited to, the following:
a.
If the hearing is on an application to revise the district boundaries
or zoning designations of specific property, the property shall be
identified by its legal description and general street location as
well as the property owner's name(s).
b.
If the hearing is on an application for a special use permit,
the property shall be identified by the address of the location for
which the special use permit is requested and a brief description
of the parameters of the proposed special use as set forth on the
application.
2.
When the notice has been properly addressed and deposited in
the mail, failure of a party to receive such notice shall not affect
action taken by the Planning and Zoning Commission or the Board of
Aldermen. Such notice is sufficient to permit the Planning and Zoning
Commission to recommend amendments to zoning regulations which affect
only a portion of the land described in the notice or which give all
or any part of the land described in a zoning classification a lesser
change than that set forth in the notice.
3.
Additionally, notice of the hearing may be posted on the affected
tract for special use or zoning amendment.
H.
In case of an adverse recommendation by the City Planning and Zoning
Commission or if a protest against such proposed amendment, supplement,
change, modification, or repeal shall be presented in writing to the
City Clerk, 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
distant from the boundaries of the district proposed to be changed,
such amendment shall not become effective except by the favorable
vote of two-thirds (2/3) of all the members of the Board of Aldermen.
I.
In its action upon an application for change in district boundaries, the Board of Aldermen may grant a special use permit under Section 405.200 of this Chapter rather than the requested change in district boundaries or may grant the change to a district which is intermediate in restrictiveness between the existing district and the requested district.
J.
Notice Of Appeal.
1.
A notice of appeal of a decision made under this Section shall
be filed with the City Clerk and the Board of Adjustment within sixty
(60) days after a final ruling has been made. Attached to said notice
shall be:
2.
Upon receipt of a notice of appeal, the City Clerk shall forthwith
forward a copy of the record upon which the action appealed from was
taken to the Board of Adjustment.
