[Ord. No. 2345 §XXI, 10-16-1979]
A.
The
Board of Aldermen may by ordinance or its own motion or on application
amend, supplement, change, modify or repeal the boundaries or zoning
designation of districts herein established under the procedures herein
provided.
B.
Applications
for district changes shall be filed in writing with the City Clerk
who shall place the application before the Board of Aldermen after
determining that it is the proper form as provided herein. All applications,
except those proposed by the Board of Aldermen or the City Planning
and Zoning Commission, shall be accompanied by a publication fee of
fifty dollars ($50.00) to be returned to the applicant only if such
publication is not made. A copy of the application shall remain on
filed with the City Clerk for public inspection until final action
thereon.
C.
The
Board of Aldermen or the City Planning and Zoning Commission provide
forms for applications and may require applicants to provide plats
and other documents or other information it may determine to be of
value in acting upon the application. The Board and Planning and Zoning
Commission may request the opinions and recommendations of other City
boards and officers upon applications.
D.
Upon
receipt of an application in proper form, the Board of Aldermen shall
refer it to the Planning and Zoning Commission. The Board of Aldermen
may by resolution delegate the duty of such receipt and referral to
the City Administrator. The Planning and Zoning Commission shall return
the application to the Board of Aldermen with its recommendations
relating thereto and showing the number of votes for and against its
action and may include a summary of the reasons expressed for and
in opposition thereto. The Board of Aldermen may set a date by which
the recommendations shall be returned, no less than twenty (20) days
from the date of such setting and the Board of Aldermen may proceed
without receipts of such recommendations in the absence of receipt
by such date.
E.
If
the Planning and Zoning Commission recommends approval of an application
in whole or in part, the Board of Aldermen shall set a public hearing
as provided in this Section. If the Planning and Zoning Commission
recommends a rejection of an application in full, the Board of Aldermen
may set a public hearing as provided in this Section upon its own
motion 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 this
Section or makes an oral request therefor at a regular or special
meeting of the Board or Aldermen, thereupon the Board of Aldermen
shall set such a public hearing. If the Board of Aldermen fails to
approve an application in whole or in part within thirty-five (35)
days after the public hearing, such application shall be deemed to
have been rejected in full, unless the Board of Aldermen shall have
expressly extended such time period prior to the expiration thereof.
F.
The Board of Aldermen may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the regulations or restrictions of districts herein established following referral thereof to the Planning and Zoning Commission as provided in Section 405.230(D).
G.
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 of the time and place
of such hearing shall be published in a newspaper of general circulation
in the City of Ste. Genevieve. The Board of Aldermen may provide for
the posting of notices of the hearing on the tract and for other means
of notifying the public or interested persons of the proceedings.
H.
In
case of an adverse report 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 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.
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 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.
