[Ord. No. 18-12, 12-11-2018]
The Board of Aldermen may from time to time, on its own motion
or on petition, amend, supplement, change, modify or repeal by ordinance
the boundaries of districts or regulations or restrictions herein
established.
[Ord. No. 18-12, 12-11-2018]
A. Applications for amendment, supplement or modification change of
the Zoning District Map may be made by any owner or his/her attorney-in-fact
who wants his/her land to be rezoned. If such application is made
by the owner's attorney, the attorney shall enter upon the application
the name and current mailing address of the owner. 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 Commission. The application shall include:
1.
A legal description of the property to be rezoned.
2.
A parcel map obtained from the St. Charles County Supervisor
of Assessments office outlining the property to be rezoned.
3.
Proof of ownership of the property.
4.
A list containing the names and addresses of all owners of property
located within one hundred eighty-five (185) feet of the property
to be rezoned.
5.
A three and one-half (3 1/2) inch by five (5) inch location
map.
6.
A fee as required by the City.
[Ord. No. 18-12, 12-11-2018]
Recommendations for revision or amendment of this Chapter, including
the Zoning District Map, may also be made by the Planning and Zoning
Commission upon its own motion or by the City Planner for final determination
by the Board of Aldermen. Likewise, the Board of Aldermen may revise,
modify or amend this Chapter, including the Zoning District Map, upon
its own motion.
[Ord. No. 18-12, 12-11-2018]
Every proposed amendment, supplement, change, modification or
repeal shall be first submitted to the Planning and Zoning Commission
for public hearing. Notice shall be given of the time and place of
the hearing, not more than thirty (30) nor less than fifteen (15)
days before the hearing, by publishing a notice thereof at least once
in one (1) or more newspapers with a general circulation within the
City. In addition, where the proposed amendment recommends a change
in the district boundaries by rezoning of property, the City Clerk
shall mail notice of the proposed rezoning to all owners of property
which is located within one hundred eighty-five (185) feet of any
part of the property being considered for rezoning action at least
fifteen (15) days prior to the time of the public hearing on the rezoning.
After the close of the Public Hearing, the Planning Commission shall
pass a recommendation to approve, approve with conditions, or deny
the zoning change or amendment, by majority vote, to the Board of
Aldermen.
[Ord. No. 18-12, 12-11-2018]
A. Upon the filing of the recommendation and report by the Planning and Zoning Commission with respect to any proposed amendment, supplement, change, modification or repeal or upon failure to report in sixty (60) days, the Board of Aldermen shall proceed to hold a public hearing in relation thereto. The Board of Aldermen shall vote on the amendment based on the following conditions based on the criteria in Sections
405.495(A)(1) and
405.495(A)(2).
1.
Majority Vote Required. Rezoning actions shall require an affirmative action by a majority of the full membership of the Board of Aldermen except as provided in Subsection
405.495(A)(2).
2.
Super Majority Required. In case of a protest against a rezoning
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 rezoning 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 of the members of the Board of Aldermen.