[R.O. 2011 § 400.1010; R.O. 2009
§ 156.250; CC 1981 § 30-249; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 04-224, 9-10-2004; Ord. No. 10-244 § 1, 11-18-2010; Ord.
No. 20-105, 7-21-2020]
The City Council may, from time to
time, amend, supplement, change or modify by ordinance the number,
shape, area or boundaries of the districts or the regulations herein
established. An amendment, change, modification or supplement to the
number, shape, area or boundaries of the districts may be initiated
by vote of the City Council, by motion of the Planning and Zoning
Commission or by application of the owner of the property that is
the subject matter of the proposed amendment. An amendment, change,
modification or supplement to the regulations herein established may
be initiated by vote of the City Council, by motion of the Planning
and Zoning Commission or by request of the Department of Community
Development. An amendment, change, modification or supplement to the
number, shape, area or boundaries of the districts or the regulations
shall require a public hearing, and action before the Planning and
Zoning Commission and the City Council.
[R.O. 2011 § 400.1020; R.O. 2009
§ 156.251; CC 1981 § 30-250; Ord. No. 77-31, 7-5-1977; Ord. No. 95-156, 6-7-1995; Ord. No. 98-209, 5-15-1998; Ord. No. 04-224, 9-10-2004; Ord.
No. 04-248, 11-5-2004]
A.
Notice of public hearings on the change
or amendment to the district boundaries before the Commission and
before the City Council shall be given by publishing the date, time,
place and nature of the hearing at least fifteen (15) days before
the date of the hearing in a newspaper of general circulation in the
City. The notice shall contain the time and place within the City
where the text, maps, plans, ordinances, amendments or changes may
be examined. In addition, the Department of Community Development
shall erect a sign containing the notice on the property at least
fifteen (15) days prior to the hearing and shall notify the applicant
and the adjoining property owners, in writing, of the hearing at least
fifteen (15) days prior to the hearing.
B.
The Planning and Zoning Commission shall
hold a public hearing on the change or amendment to the district boundaries
before submitting its report to the City Council. The failure of the
Commission to act within ninety (90) days after the date of official
submission to it shall be deemed approval by the Commission.
1.
The Department of Community Development
shall review the application and determine that the application contains
sufficient data to adequately describe the situation to the Planning
and Zoning Commission. If the data is not adequate, the Department
of Community Development shall notify the applicant of the additional
required information. Only applications that are completed shall be
forwarded to the Planning and Zoning Commission.
2.
Public Hearing And Notification.
The Planning and Zoning Commission shall hold a public hearing on
applications for change or amendment to the district boundaries. The
Department of Community Development shall notify the applicant and
the property owners of record within three hundred (300) feet of the
boundaries of the subject property, in writing, of the hearing at
least fifteen (15) days prior to the hearing. In the event an application
is tabled by the Commission, it shall be the developer's responsibility
to provide written notification to the Department of Community Development
at least fifteen (15) days prior to the next regularly scheduled Commission
meeting of their intent to have the item removed from the table. The
developer shall also be responsible for providing written notification
to all property owners within three hundred (300) feet of the subject
property of their intent to request their application be taken off
the table and acted upon by the Commission at least fifteen (15) days
prior to such meeting. Should the developer wish an application to
be tabled that has been advertised for public hearing, the developer
must provide written notification to the Department of Community Development
at least four (4) working days prior to the scheduled meeting to ensure
the public can be made aware of the request.
[R.O. 2011 § 400.1030; R.O. 2009
§ 156.252; CC 1981 § 30-251; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
During the City Council's public
hearing, the application may be changed or modified. The Planning
and Zoning Commission shall be notified of all changes or modifications.
Following the close of the public hearing, the City Council shall
not change or alter the application in any way.
[R.O. 2011 § 400.1040; R.O. 2009
§ 156.253; CC 1981 § 30-252; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
Whenever an application requesting
an amendment, supplement or change has been voted upon by the City
Council, such application or one substantially similar, shall not
be reconsidered sooner than one (1) year after the previous ruling.
[R.O. 2011 § 400.1050; R.O. 2009
§ 156.254; CC 1981 § 30-254; Ord. No. 77-31, 7-5-1977; Ord. No. 95-168, 6-22-1995; Ord. No. 98-209, 5-15-1998; Ord. No. 18-258, 11-20-2018]
A.
A protest against an amendment, change, modification or repeal shall be comprised of a petition, duly signed and acknowledged by the owners of thirty percent (30%) or more, either 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 from the boundaries of the district proposed to be changed. A protest petition shall be in substantially the form of the sample protest petition found on the City's website or on file in the Department of Community Development. A completed protest petition and all collected signatures shall be submitted to the Department of Community Development no later than 5:00 P.M. on the Wednesday prior to the date of the City Council meeting at which the application remonstrated against is scheduled to be decided by the Council for validation as set forth in Subsection (B), below. Where the protest petition and signatures have been validated by the Department of Community Development and the thirty-percent threshold has been met, the proposed amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the City Council.
B.
Validation Of Protest Petition Signatures.
Upon receipt of the protest petition and signatures, the Department
of Community Development shall validate the signatures submitted with
the protest petition to confirm that it has been duly signed and acknowledged
by the owners of thirty percent (30%) or more, either 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 from the boundaries of the district proposed
to be changed and that the two-thirds vote requirement shall apply.
The manner in which real property is titled on the deed recorded with
the St. Charles County Recorder of Deeds determines all signatures
required before an address listed on the protest petition will be
counted toward the thirty-percent calculation as follows:
1.
Deed Indicates Ownership By Married
Couple: If both husband and wife's names are on the deed, both husband
and wife must sign the protest petition. Both signatures must be notarized.
2.
Deed Indicates Ownership By Married
Couple, One (1) Spouse Now Deceased: If both husband and wife's names
are on the deed, but one (1) spouse is now deceased, the surviving
spouse must sign the protest petition and submit a copy of the death
certificate of the deceased. The signature of the surviving spouse
must be notarized.
3.
Deed Indicates Ownership By Two (2)
Or More Unmarried Persons: If two (2) or more unmarried persons are
on the deed, each person whose name appears on the deed must sign
the protest petition, and all signatures must be notarized.
4.
Deed Indicates Ownership By Trust:
If the deed indicates that the real property is owned by a trust,
the trustee must sign the protest petition on behalf of the trust
and indicate that he/she signed the document in his/her capacity as
trustee. The trustee's signature must be notarized.
5.
Deed Indicates Ownership By Business
Entity (Including Homeowner Association): If the deed indicates that
the real property is owned by a business entity, the business entity
must be in good standing with the Missouri Secretary of State. The
person(s) signing the protest petition on behalf of the entity must
indicate that he/she signed the document in his/her capacity as a
director, officer, member or partner, and that he/she has the authority
to act on behalf of the entity. All signatures must be notarized.
