[Ord. No. 659 §1, 5-2-2011]
Amendments to the text of this Chapter or to the Zoning Map
may be made in accordance with the provisions of this Article.
[Ord. No. 659 §1, 5-2-2011]
A.
Whenever
a request to amend this Chapter is initiated by the Board of Aldermen,
Planning and Zoning Commission, the Board of Adjustment, or City staff,
the City Attorney in consultation with the planning staff shall draft
an appropriate ordinance and present that ordinance to the Board of
Aldermen so that a date for a public hearing may be set.
B.
Any
other person may also petition the Board of Aldermen to amend this
Chapter. The petition shall be filed at City Hall and shall include
among the information deemed relevant by the City Administrator:
1.
The names, addresses, and phone number of the applicant,
2.
A description of the land affected by the amendment if a change in
a zoning district classification is proposed,
3.
A description of the proposed map change or a summary of the specific
objective of any proposed change in the text of this Chapter.
[Ord. No. 659 §1, 5-2-2011]
Before being presented to the Board of Aldermen, an application
for an amendment to this Chapter or to the Zoning Map shall be referred
to the Planning and Zoning Commission for a recommendation. The Planning
and Zoning Commission shall base their recommendation on the Strafford
Comprehensive Plan and adopted goals, objectives and policies related
to community development.
[Ord. No. 659 §1, 5-2-2011]
A.
No
ordinance that amends any of the provisions of this Chapter may be
adopted until a public hearing has been held on such ordinance.
B.
The
City Administrator shall publish a notice of the public hearing on
any ordinance that amends the provisions of this Chapter one (1) time
in a paper with local circulation fifteen (15) days prior to the public
meeting.
C.
The
planning staff shall also post notices of the public hearing in the
vicinity of the property to be rezoned by the proposed amendment and
take any other action deemed by the planning staff to be useful or
appropriate to give notice of the public hearing on any proposed amendment.
D.
The
notice required or authorized by this Section shall:
1.
State the date, time and place of the public hearing,
2.
Summarize the nature and character of the proposed change,
3.
If the proposed amendment involves a change in the zoning district
classification, reasonably identify the property whose classification
would be affected by the amendment,
4.
State that the full text of the amendment can be obtained from the
City Clerk, and
5.
State that substantial changes in the proposed amendment may be made
following the public hearing.
E.
The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this Section. However, it is the Board of Aldermen's intention that no failure to comply with any of the notice provisions (except those set forth in Subsection (B)) shall render any amendment invalid.
[Ord. No. 659 §1, 5-2-2011]
A.
At
the conclusion of the public hearing on a proposed amendment, the
Board of Aldermen may proceed to vote on the proposed ordinance, refer
it to a committee for further study, or take any other action consistent
with its usual rules of procedure.
B.
The
Board of Aldermen is not required to take final action on a proposed
amendment within any specific period of time, but it should proceed
as expeditiously as practicable on petitions for amendments since
inordinate delays can result in the petitioner incurring unnecessary
costs.
[Ord. No. 659 §1, 5-2-2011]
A.
In
deciding whether to adopt a proposed amendment to this Chapter, the
central issue before the Board of Aldermen is whether the proposed
amendment advances public health, safety, or welfare. All other issues
are irrelevant, and all information related to other issues at the
public hearing may be declared irrelevant by the Mayor and excluded.
In particular, when considering proposed minor map amendments:
1.
The Board of Aldermen shall not consider any representations made
by the petitioner that if the change is granted, the rezoned property
will be used for only one (1) of the possible range of uses permitted
in the requested classification. Rather, the Board of Aldermen shall
consider whether the entire range of permitted uses in the requested
classification is more appropriate than the range of uses in the existing
classification.
2.
The Board of Aldermen shall not regard as controlling any advantages
or disadvantages to the individual requesting the change, but shall
consider the impact of the proposed change on the public at large.
[Ord. No. 659 §1, 5-2-2011]
A.
If
a petition opposing a change in the zoning classification of any property
is filed in accordance with the provisions of this Section, then the
proposed amendment may be adopted only by a favorable vote of two-thirds
(2/3) of the Board of Aldermen membership.
B.
To
trigger the two-thirds (2/3) vote requirement, the petition
must:
1.
Be signed by the owners of thirty percent (30%) or more of either:
2.
Be in the form of a written petition actually bearing the signatures
of the requisite number of property owners and stating that the signers
do protest the proposed change or amendment.
3.
Be received by the City Clerk in sufficient time to allow the City
at least two (2) normal working days before the date established for
a public hearing on the proposed amendment to determine the sufficiency
and accuracy of the petition.
4.
Be on a form provided by the City Clerk and contain all the information
requested on the form.
[1]
State Law Reference — This Section is based upon Section
89.060, RSMo.
