Editor's Note — See the Editor's Note at the beginning
of Title IV.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
The Board of Aldermen may from time to time amend, supplement
or change the district boundaries or criteria and guidelines contained
in this Title. Proposals for amendments to the text of this Title
or to the Zoning Map, including zoning district boundaries or classification
of property, may be made in accordance with the provisions of this
Chapter.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
Any person,
firm or corporation, owning in fee simple real property within the
City, may petition the Board to amend, change, modify, supplement
or repeal the zoning district regulations and restrictions as established
in this Chapter pertaining to such real property; provided that such
applicant shall specify the tract of land for which amendment, change,
modification, supplement or restriction is sought, along with a specification
of the zoning category which the applicant is seeking. No petition
shall be presented, nor considered, which presents amendments, changes,
modifications, supplements or restrictions to zoning categories in
the alternative with respect to any lot, tract or parcel of land.
1.
No petition
to amend the Zoning District Map will be accepted if it is the same
or substantially the same as a petition submitted within the previous
twelve (12) months and which was denied by the Board of Aldermen or
withdrawn by the applicant after a negative recommendation from the
Planning and Zoning Commission. The Board of Aldermen, at its discretion,
may authorize a resubmittal within the twelve (12) month period after
reviewing a written request from the applicant, which provides justification
for the early resubmittal.
2.
Nothing
herein shall be construed to limit the power of the Board to itself
amend any petition after compliance with applicable statutory notice
provisions to vary the zoning classification requested or to amend
the land area of the lot, tract or parcel when such petition is before
the Board in the form of an ordinance to accomplish the petition for
amendment, change, modification, supplement or restriction or to grant
the petition's requests in whole or in part; provided, that any such
amendment shall be considered substantive.
3.
Nothing
herein shall be construed to prevent an applicant from combining separate
requests for amendment, change, modification, supplement or restriction
for separate lots, tracts or parcels in common ownership in one (1)
petition, so long as no amendments, changes, modifications, supplements
or restrictions are presented in the alternative.
B.
Such
petition shall be on a form to be supplied by the Land Use Administrator
and filed with the Land Use Administrator. Such petitions shall be
directed in the first (1st) instance to the Planning and Zoning Commission.
The Land Use Administrator shall review the petition to determine
technical compliance with the terms and conditions of this Chapter
and if the petition and its supporting documents are found not to
comply with the requirements of this Chapter, the same shall be returned
to the applicant for correction. At all times during the amendment
process, however, the burden of supplying complete and accurate information
contained in the petition for amendment and its supporting documents
shall remain on the applicant.
C.
The petition
shall contain an accurate legal description of the real property to
be affected, the appropriate official street number and name for such
property, the book and page numbers recording the latest deed to property,
the existing zoning district, the requested zoning district or amendment,
supplement, change, modification or repeal of the Chapter, the reason
or reasons why such supplement, change, modification or repeal is
requested and shall be signed by one (1) of the owners or his attorney.
The petition shall be accompanied by a map clearly showing the affected
property. Also, the petition shall list the names and addresses of
the owners of all land within lines drawn parallel to and one hundred
eighty-five (185) feet from the boundaries of the land proposed to
be rezoned. The petition shall also list the addresses of all residences
(including apartments and manufactured homes) within the boundaries
of the land proposed to be rezoned. The petition shall also be accompanied
by a check or money order made payable to the City of St. Robert in
the amount of sixty-five dollars ($65.00) to cover all costs of advertisements
of public hearing.
D.
After determining that the petition and its supporting documents are in compliance with the requirements of this Chapter, the Land Use Administrator shall set a date for a public hearing before the Commission at the next regular meeting of the Commission. Any omissions from the requirements of Subsection (C) will delay scheduling the request. The Land Use Administrator shall cause a notice of the public hearing on the subject matter of the petition to be published in a newspaper of general circulation within the City and such public hearing shall not be held within a time earlier than fifteen (15) days from and after the date of publication.
1.
The
notice of public hearing shall contain an address or description of
the general location of the real property to be affected.
2.
The
Land Use Administrator shall send, by first class mail, notice of
the public hearing before the Commission on the proposed amendment
to the addresses of the residences of the land to be rezoned and to
the owners of all land within lines drawn parallel to and one hundred
eighty-five (185) feet from the boundaries of the land proposed to
be rezoned. The failure of any resident or property owner to receive
such notice shall not affect the validity of any ordinance rezoning
land.
3.
The
Land Use Administrator shall forward copies of the application and
supporting documents to any administrative departments affected by
the requested amendment, supplement, change, modification or repeal.
The various administrative departments shall, within ten (10) days
of receipt of such petition and supporting papers, forward their recommendations
to the Land Use Administrator.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The Commission shall review and consider all applications for a change of zoning district in an open public hearing. At these meetings both those in favor and those opposed to the proposed rezoning shall be given an opportunity to be heard. The "open public hearing" may be any regular or special meeting of the Commission at which consideration of the proposed rezoning is included upon the agenda for that meeting. Notice of the "open public hearing" shall be provided to the parties of interest as described in Section 422.003.
B.
If the
Commission makes no report to the Board of Aldermen within sixty (60)
days of the meeting at which the complete application for the zoning
amendment was reviewed by the Commission, it shall be considered to
have made a report approving the proposed amendment, supplement, modification
or change.
C.
The Commission
shall make findings of fact and shall submit its findings together
with its recommendations, in writing, to the Board of Aldermen. Where
the purpose and effect of the proposed amendment is to change the
zoning classification of particular property, the Commission shall
make findings based upon the evidence presented to it in each specific
case with respect to the following matters:
1.
The
relation of the proposed amendment to the goals and objectives of
the City's Comprehensive Plan.
2.
The
effect of the proposed amendment upon the existing uses of land within
the general area of the subject property.
3.
The
impact the change would have on the neighborhood and the suitability
of the character of the property to the uses permitted under the existing
and proposed zoning classifications.
4.
The
trend of development in the general area of the affected property,
including any other changes which have taken place in its zoning classification.
D.
The Planning
and Zoning Commission may recommend to the Board of Aldermen that
a application for a change of zoning district classification be approved
or denied for all or part of the property described in the application.
E.
The Planning
and Zoning Commission may recommend to the Board of Aldermen a zoning
district classification other than that requested in the application,
provided that the recommendation is for a district classification
of the same use type as that requested by the petitioner.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
The Board
of Aldermen shall not schedule a public hearing with regard to, nor
act upon a proposed amendment to, this Title until it shall have received
a written report and recommendation from the Planning and Zoning Commission
on the proposed amendment. If the Commission makes no report to the
Board of Aldermen within sixty (60) days of the meeting at which the
complete application for the zoning amendment was reviewed by the
Commission, it shall be considered to have made a report approving
the proposed amendment, supplement, modification or change.
B.
After the recommendations and report of the Commission have been filed with the Board of Aldermen, the Board of Aldermen shall, before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing on the matter in accordance with the provisions of Section 422.011 (Hearing Required — Public Notice).
C.
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. If the proposed amendment should be denied by the Board of Aldermen, then the applicant shall be governed by the requirements set forth in Section 422.003(A) of this Chapter.
D.
The Board
of Aldermen may, by ordinance, approve or deny an application for
a change in zoning district classification for all or part of the
property described in the application.
E.
The Board
of Aldermen may enact by ordinance a zoning district classification
other than that requested in the application, provided that the ordinance
is for a district classification of the same use type as that requested
by the petitioner.
F.
If the
report by the Commission recommends the proposed amendment be denied
or otherwise submits a negative recommendation, the amendment shall
become effective only by the favorable vote of two-thirds (2/3) of
all members of the Board of Aldermen.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
In deciding
whether to adopt a proposed amendment to this Title, the central issue
before the Board of Aldermen is whether the proposed amendment advances
the 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 amendments to the Zoning Map:
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. 2118 §§1 —
3, 8-18-2008]
A.
The Board
of Aldermen may not adopt any ordinance that amends any of the provisions
of these regulations nor grant a change of zoning district until a
public hearing has been held on such ordinance.
B.
The Land
Use Administrator shall cause public notice of the hearing to be published
at least once in a newspaper of general circulation in the City of
St. Robert. Notification shall commence not less than fifteen (15)
days before the hearing date. The notice shall include the date, time
and place of the hearing and state that the full text of any proposed
amendment to these regulations may be obtained from the City Clerk.
C.
The Board
of Aldermen shall hold a public hearing on an application for a change
of zoning during the first (1st) regularly scheduled monthly meeting
of the Board. The Board of Aldermen shall consider final approval
of the application during the second (2nd) monthly meeting of the
Board or on a later date as determined by the Board of Aldermen.
[Ord. No. 2118 §§1 —
3, 8-18-2008]
A.
If a
protest against such change, as described in the preceding Sections,
shall be presented, duly signed and acknowledged by the owners of
thirty percent (30%) or more, either of the area of 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 distant from the boundaries of the district proposed to
be changed, such amendment shall not be passed except by a two-thirds
(2/3) vote of the Board.
B.
Protest
petitions must be filed with the City Clerk no later than 5:00 P.M.
on the tenth (10th) day preceding the Board's original hearing on
the proposed amendment.
