[Ord. No. 2327 §1, 3-18-2003]
A. When There May Be An Amendment. The regulations, restrictions
and boundaries contained in this Chapter may from time to time be
amended, supplemented, changed, modified or repealed by the Board
of Aldermen either on its own motion or on written application therefore
filed with the Zoning Officer on behalf of the Board of Aldermen by
the Mayor, any member of the Board, the Commission, the Zoning Officer
or by any governmental body or person with a financial, contractual
or proprietary interest in the real estate which would be affected
by the proposed amendment.
B. Application And Submission Requirements. An application
for either a text amendment or an amendment in the nature of a rezoning
shall be submitted on a form containing such information and materials
as may be required by the Zoning Officer, the Commission or the Board
of Aldermen from time to time. The application shall be signed by
the owner of the affected real estate or the authorized representative
of such owner and shall contain the following initial information,
in addition to that which the Zoning Officer, the Planning Commission
or the Board of Aldermen may determine in each particular case is
required:
[Ord. No. 3017 § 1, 5-16-2017]
1.
Text Amendment. If the text of this Chapter is proposed to be
amended, a petition which is initiated by a private party, shall include:
a.
The proposed text amendment, in the context of the current text.
b.
A statement describing the purpose and intended effect of the
proposed change.
c.
The name, address and telephone number of the petitioner(s).
d.
The petitioner's interest in the proposed change.
e.
Signature(s) of the petitioner(s) certifying the accuracy of
the required information.
f.
At the petitioner's discretion, unless otherwise required by
the Zoning Officer, Planning and Zoning Commission or Board of Aldermen,
demonstrative materials that will assist in explaining the proposed
amendment.
g.
The filing fee, payable to the City of Pacific, in an amount
as set from time to time by the Board of Aldermen. No portion of the
filing fee will be refunded to the petitioner(s). Any expenditures
in excess of the filing fee, incurred by the Commission or the Board
of Aldermen, that are necessary and incident to the processing of
the petition shall be billed to and promptly paid by the petitioner(s).
2.
Rezoning (Map Amendment). A petition for a rezoning (map amendment),
which is initiated by a private party, shall include:
a.
A legal description of the property;
b.
A scaled map of the property, clearly showing the boundaries
of the property; its current and proposed zoning district classification;
and the current zoning classification of adjacent property;
c.
A description of the proposed use of the property and the estimated
impact of the proposed use on the surrounding neighborhood;
d.
The name, address and telephone number of the petitioner(s);
e.
The petitioner's interest in the property, and if the petitioner
is not the owner, the name, address and telephone number of the owner(s);
f.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information;
g.
At the petitioner's discretion, unless otherwise required by
the Zoning Officer, Planning and Zoning Commission or Board of Aldermen,
a site plan, perspectives, elevations or models that will assist in
clarifying the proposed use of the property to be rezoned;
h.
The filing fee, payable to the City of Pacific, in an amount
as set from time to time by the Board of Aldermen. No portion of the
filing fee will be refunded to the petitioner. Any expenditures in
excess of the filing fee, incurred by the Commission or the Board
of Aldermen, that are necessary and incident to the processing of
the petition shall be billed to and promptly paid by the petitioner.
C. Application Review Procedures.
1. Zoning officer. The Zoning Officer shall receive
the application on behalf of the Board of Aldermen and determine whether
it complies with all initial submission requirements. If the application
does not comply with all initial submission requirements, the Zoning
Officer shall take no action with respect thereto, except that within
a reasonable time after submission, return the application to the
applicant with a written list of the deficiencies in the application.
If the application is determined by the Zoning Officer to be in compliance
with initial submission requirements, then the Zoning Officer shall
provide copies of the application to those officers and contractors
in and with the City, St. Louis County or Franklin County governments,
from whom review and report are necessary in order for the Zoning
Officer to make his/her report to the Commission, including, but not
limited to, the Fire Marshal, the Chief of Police, the Building Commissioner
and the Commissioner of Public Works, the City Attorney and planning
and zoning consultants or contractors (collectively "planning staff").
After obtaining the necessary reports, the Zoning Officer shall prepare
and transmit a report to the Commission containing his/her recommendations
concerning the application and the reasons therefore in light of the
terms of this Chapter, the Comprehensive Plan and prudent planning
and zoning concerns.
[Ord. No. 3017 § 2, 5-16-2017]
2. Commission hearing. Upon receipt of the Zoning Officer's
report on the application, the Commission shall hold a public hearing
on the application, after public notice thereof, duly published according
to law. After such public hearing the Commission shall make its final
report to the Board of Aldermen, either recommending or not recommending
that the relief sought in the application be granted. The Zoning Officer
shall forward copies of the application and all submittals incident
thereto, the Zoning Officer's report thereon and the Commission's
recommendation and report (if any) thereon (collectively "application
package") to the Board of Aldermen.
3. Board of Aldermen.
a. Upon receipt by the Board of Aldermen of the application package from the Zoning Officer, the Board of Aldermen shall conduct a public hearing thereon. Public notice shall be given no less than fifteen (15) days prior to such hearing. All owners of property within the area of the proposed change (if any) and all owners of property within the surrounding area shall be given personal notice of the hearing by mail as provided in Section
405.060 of this Title.
b. In the event that the owners of thirty percent (30%) or more of the
areas of land (not including streets and alleys) included either in
the proposed area of 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 protest in writing,
duly signed and acknowledged, to the proposed change, no such amendment
shall become effective except upon the favorable vote of two-thirds
(⅔) of all the members of the Board of Aldermen. Otherwise,
it shall take an affirmative vote of fifty-one percent (51%) of the
Board of Aldermen to approve any proposed application.
D. Annexation. All territory that may be annexed by the City
after the effective date of this Chapter shall be zoned as follows:
1. No previous zoning ordinance in effect. If at the
time of annexation the newly annexed land is not subject to a valid
zoning ordinance duly imposed by a properly authorized governmental
subdivision of the State, the City shall in due course and in accordance
with law adopt zoning regulations for the annexed territory. From
the time that the annexation becomes effective until such time as
the City adopts zoning regulations for the annexed territory, the
annexed territory shall be classified under the most restrictive zoning
category then existing in this Chapter.
2. Pre-existing zoning ordinances in effect. If at
the time of annexation the newly annexed land is subject to a valid
zoning ordinance duly imposed by a properly authorized governmental
subdivision of the State, upon annexation such annexed land shall
remain subject to the zoning regulations in effect prior to annexation
until such time as the City shall adopt zoning regulations for the
annexed territory.