City of Pacific, MO Article VI Amendments to Zoning Regulations

Section 400.260 Amendments.

[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and boundaries contained in this Chapter may from time to time be amended, supplemented, changed, modified or repealed by the Board of Aldermen either on its own motion or on written application therefore filed with the Zoning Officer on behalf of the Board of Aldermen by the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.

4. (Reserved)[1]

[1] Editor’s Note: Former Subsection (C)(4) regarding, rezoning – final development plan approval, was repealed 5-16-2017 by § 3 of Ord. No. 3017.

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.