[R.O. 2006 §405.450; Ord. No. 503A, 7-17-2000]
A.
Amendments
to zoning district boundaries, or to the provisions and regulations
contained in this Chapter, may be initiated in the following manner.
1.
By the Board of Aldermen which may, from time to time, on its own
motion or initiative, or on recommendation from the Planning and Zoning
Commission, amend, supplement, change, modify or repeal by ordinance
the boundaries of districts or regulations or restrictions herein
established whenever public necessity, convenience and general welfare
require such amendment. Said amendment may be initiated by resolution
by the Board or by the Commission.
2.
By petition by one (1) or more owners of property, or their representatives,
to be affected by the proposed amendment; or by an organization or
government body.
[R.O. 2006 §405.455; Ord. No. 503A, 7-17-2000; Ord. No. 1273, 7-15-2019]
A filing fee of two hundred dollars ($200.00) shall be paid
to the City for each application for a zoning amendment, conditional
use permit, and planned development. the petitioner shall be responsible
for the payment of any publication costs, costs of certified mailings,
and any costs of providing other notices required under the City's
ordinances. The filing fee and all costs shall be paid prior to the
notices being sent out or published by the City and prior to the City
acting upon the petitioner's application for a zoning amendment, conditional
use permit, and planned development.
[1]
Cross Reference — As to fee, see Table I to Title IV
of this Code.
[R.O. 2006 §405.460; Ord. No. 503A, 7-17-2000]
A.
When
a petition involves a change in the zoning district classification
of a property(s) and Zoning Map, the following information shall be
submitted by the petitioner to the City Engineer on application forms
provided by the City:
1.
A legal description of the property.
2.
A scaled map of the property, correlated with the legal description,
clearly showing the property's location.
3.
The name and address of the petitioner(s).
4.
The petitioner's interest in the property and, if not the owner,
the name and address of the property owner(s).
5.
Date of filing with the City Clerk.
6.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information.
7.
The present and proposed zoning.
8.
A list of property owners and their mailing addresses within one
hundred eighty-five (185) feet from the subject property lines.
9.
The filing fee and an agreement to pay all costs associated with
the petition prior to their incurrence, including but not limited
to the costs of providing notice, publication fees, and certified
mailings, shall be provided to the City with the petition.
[Ord. No. 1273, 7-15-2019]
[R.O. 2006 §405.465; Ord. No. 503A, 7-17-2000; Ord. No. 1317, 1-20-2022]
A.
Any
proposed amendment, supplement, change, modification or repeal, except
those initiated by the Board of Aldermen on its own motion or initiative,
shall first be submitted by the City Engineer, or Building Official
when there is no appointed City Engineer, to the City Planning and
Zoning Commission for its recommendations and report. The Board of
Aldermen may submit any proposed amendment, supplement, change, modification
or repeal made by its own motion or initiative to the City Engineer,
or Building Official when there is no appointed City Engineer, and
the Planning and Zoning Commission for its recommendations and report.
Where the purpose and effect of the proposed amendment is to change
the zoning classification of a property, the Planning and Zoning Commission
shall use the following as guidelines for its findings based upon
evidence presented to it in each specific case.
1.
Relation of the proposed amendment to the goals and objectives of
the City's Comprehensive Plan.
2.
Existing uses of property within the general area of the property
in question.
3.
The zoning classification of property within the general area of
the property in question.
4.
The suitability of the property in question to the uses permitted
under the existing zoning classification and to the uses requested
under the proposed zoning classification.
5.
Impacts of the proposed development on adjacent properties and surrounding
area.
6.
The trend of development, if any, in the general area of the property
in question.
7.
Rezoning should allow for a reasonable and efficient use of the property
in question.
B.
The
Planning and Zoning Commission shall approve, conditionally approve,
or deny the same and a report of its action, together with a recommendation
for final approval or denial, shall be filed by the Commission with
the Board of Aldermen.
[R.O. 2006 §405.470; Ord. No. 503A, 7-17-2000]
In case of an adverse report by the 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 area of the land (exclusive of streets, places
and alleys) included within such proposed amendment, 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,
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 Board of Aldermen. A protest shall be filed within twenty (20)
days of the Planning and Zoning Commission recommendation.
[R.O. 2006 §405.475; Ord. No. 503A, 7-17-2000; Ord. No. 1021 §2, 9-18-2006]
A.
Public hearings shall be held by the Planning and Zoning Commission and Board of Aldermen as required in Section 405.735. Prior to the public hearings, the following actions must occur.
B.
The
notice of the amendment shall be printed in two (2) local newspapers
at least fifteen (15) days, and not more than forty-five (45) days,
prior to the public hearing dates. Said papers shall include at least
one (1) newspaper that qualifies as a legal publication and another
that is distributed on a wide-spread basis to the residents of the
City of Troy. The notice shall contain the following information:
[R.O. 2006 §405.480; Ord. No. 503A, 7-17-2000; Ord. No. 1021 §3, 9-18-2006]
A.
A sign
or signs, not less than twenty (20) inches by twenty-six (26) inches
in dimension, shall be placed on each parcel of land on which an application
for a zoning district change has been filed with the Planning and
Zoning Commission. Said sign or signs shall be placed on such land
at least fifteen (15) days prior to the public hearing to be held
by the Planning and Zoning Commission and shall be posted in a conspicuous
place upon said land at a point nearest to the right-of-way of any
street or roadway abutting such land, and so as to be clearly visible
to the traveled portion of such street or roadway. The City Engineer
shall determine the number of additional signs to be placed that may
be necessary to carry out the intent of this Section. Said sign shall
remain until after the public hearing has been held by the Board of
Aldermen. Any such sign(s) shall bear thereon, in letters of sufficient
size for readability, the following: "PUBLIC HEARING" and "ZONING
CHANGE" followed by "APPLICATION FOR ZONING CHANGE FILED WITH THE
CITY OF TROY PLANNING AND ZONING COMMISSION". "PUBLIC HEARING WILL
BE HELD ON (insert dates and times for both the Planning and Zoning
Commission and Board of Aldermen public hearings) IN THE TROY CITY
HALL, TROY, MISSOURI".
B.
Any
person or persons, firm, association or corporation who shall remove,
mar, scratch, obliterate or in any manner deface, hide from view or
tamper with any such sign or signs shall be deemed a violation of
this Section and shall be guilty of a misdemeanor punishable by a
fine as determined by the City.
[R.O. 2006 §405.485; Ord. No. 503A, 7-17-2000; Ord. No. 1021 §4, 9-18-2006]
At least fifteen (15) days prior to any public hearing on any
such change or amendment, the owner(s), or their representative(s),
of the parcel requesting said change or amendment shall supply to
the City of Troy a certified listing of all property owners whose
property limits are within an area determined by lines drawn parallel
to and one hundred eighty-five (185) feet distant from the boundaries
of the zoning district proposed to be changed and certifying that
he/she has contacted and notified said property owners of the proposed
change or amendment. Said notification shall be by certified letter
and shall include the notice of public hearing to be held before the
Planning and Zoning Commission and Board of Aldermen stating date,
time and place and reason for the public hearing.
[R.O. 2006 §405.490; Ord. No. 503A, 7-17-2000]
The posting and notification procedures established in Sections 405.720 and 405.725 shall not apply to amendments to this Chapter that are of a general nature and not applicable only to a specific parcel or parcels, nor shall such procedures apply to changes in the Official Zoning Map and underlying change in zoning district regulations for parcels within one hundred eighty (180) days 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.
[R.O. 2006 §405.495; Ord. No. 503A, 7-17-2000; Ord. No. 1021 §1, 9-18-2006]
A.
All
such applications shall be set down for a public hearing before the
Planning and Zoning Commission not later than the second (2nd) regular
monthly meeting of the Commission from the date of filing. Any such
hearing may, for good cause at the request of the applicant or the
discretion of the Commission or Administrative Officer, be continued.
Upon final hearing of such application, the Commission shall approve,
conditionally approve or deny the same and a recommendation for final
approval or denial shall be made in writing by the Commission to the
Board of Aldermen.
B.
Before acting upon any application or amendment under the zoning
code, the Board of Aldermen shall hold a public hearing thereon at
the following times: 1) On the Board's regular meeting on the third
Monday of the month at 6:00 p.m.; 2) At the Board's first Monday meeting
of each month (if scheduled) at 6:00 p.m.; 3) At any special meeting
duly noticed in conformance with State law and the City of Troy Code
of Ordinances. Said public hearing shall not be held until after the
Planning and Zoning Commission public hearing and recommendation,
if applicable. Any such hearing may, for good cause at the request
of the applicant or the discretion of the Board of Aldermen or Administrative
Officer, be continued. Upon hearing of such issue, the Board of Aldermen
shall approve, conditionally approve, or deny the same.
[Ord. No. 1193 §1, 10-21-2013]
[R.O. 2006 §405.500; Ord. No. 503A, 7-17-2000]
An applicant having been denied a zoning change by the Board
of Aldermen cannot refile a similar petition for rezoning reconsideration
of the subject property for a period of six (6) months following its
denial by the Board.
