[Ord. No. 1400 §2, 12-18-2014]
A.
Initiation Of Changes By Board Of Aldermen, Planning And
Zoning Commission Or Property Owner.
1.
The Board of Aldermen from time to time, on its own initiative
or on recommendation from the Planning and Zoning Commission, may
by ordinance repeal, amend, modify, supplement or revise the regulations,
restrictions and boundaries of the zoning districts which are herein
or hereafter enacted whenever the general welfare of the public and
of the City will, in the opinion of the Board of Aldermen, be promoted
by such repeal, amendment, modification, supplement or change of zoning.
2.
Any repeal, amendment, modification, supplement or change to
the zoning regulations and restrictions and boundaries of the zoning
districts may be initiated by the Board of Aldermen or the Planning
and Zoning Commission.
3.
Furthermore, an amendment to the boundaries of a zoning district may be initiated by petition of the owners of property to be affected by the proposed change. Except for the Board of Aldermen and the Planning and Zoning Commission, the applicant requesting such change of zoning shall at the time of application pay a fee as set forth in Section 405.790 hereof, no part of which shall be returnable to the petitioner. All applications shall be referred to the Planning and Zoning Commission for review and recommendation.
B.
Petitions For Changes To Zoning District Boundaries.
1.
A petition for change to the boundaries of any zoning district
shall be submitted by the owners of the real property to be affected
by the proposed change on petition forms provided by the Director
of Public Works. Each petition shall be filed with the Director of
Public Works, and be accompanied by pertinent data as prescribed on
the form and any additional information deemed necessary by the Director
of Public Works.
2.
A fee, as stated in Section 405.790 of this Code, shall be paid to the City for each petition for a change to the boundaries of a zoning district to cover the costs of advertising, notification, and other administrative expenses associated with the petition.
3.
A petition for a change to the boundaries of a zoning district
shall be signed by all fee owners of the real property to be affected
by the proposed change or by their agent or agents having authority
to sign the application on their behalf, accompanied by proper evidence
of such agency relationship, and by the applicant, if other than the
fee owners. The petition shall be submitted to the Planning and Zoning
Commission and shall contain or be submitted concurrently with the
following information:
a.
A legal description of the property to be affected, including
one (1) hard printed copy and one (1) electronic copy in a Microsoft
Word compatible format;
b.
Acreage of the real property to be affected; and a scaled map
of such property, correlated with the legal description and clearly
showing the property's location;
c.
The names, addresses and telephone numbers of all the fee owners
of such property and their agents, if any, and copies of the deeds
on file with the St. Charles County Recorder of Deeds evidencing such
ownership;
d.
The names and addresses of the owners of all properties abutting
the property to be affected by the proposed change;
e.
Date of filing with the Director of Public Works;
f.
The present zoning and proposed change of zoning of such property;
g.
The existing use(s) and proposed use(s) of such real property;
and
h.
The notarized signature(s) of the applicant(s), fee owner(s)
and agents of the fee owner(s), if any, certifying the accuracy of
the required information. If the applicant(s) or fee owner(s) of the
real property are a trust or business entity, then proof of the authority
of the party executing the petition must be provided by way of resolution,
minutes, trust agreement, operating agreement, or other legally appropriate
means.
C.
Procedure.
1.
Upon receipt of a completed petition for change to the boundaries
of a zoning district and the accompanying fee, the Director of Public
Works shall submit the petition to the Planning and Zoning Commission
which shall hold a public hearing on the proposed change to the boundaries
of the zoning district. All such petitions shall be set down for a
hearing before the Planning and Zoning Commission not later than ninety
(90) days from the date of receipt of a completed petition. Any such
hearing may be continued at the request of the applicant upon a showing
of good cause or at the discretion of the Commission or Director of
Public Works.
2.
Public hearings. No amendment, supplement,
change or modification to the regulations, restrictions and boundaries
of the zoning districts which are herein or hereinafter enacted shall
become effective until after public hearings are held in relation
thereto before the Planning and Zoning Commission and the Board of
Aldermen, 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 any hearing required pursuant to this Section
shall be published in a newspaper of general circulation in the City.
a.
In addition to the notice requirements of this Subsection, in
the case of a proposed change to the boundaries of any zoning district
initiated by a petition filed pursuant to this Section, the City shall
make a good faith effort to send one (1) letter, via regular mail,
to the landowner(s) of record of all real property that abut the boundaries
of the real property to be affected by the proposed change. Such letters
shall be sent at least fifteen (15) days prior to the date of the
public hearing before the Planning and Zoning Commission. Said letter
shall include the notice of the public hearing to be held before the
Planning and Zoning Commission stating the date, time and place and
the reason for such public hearing.
3.
Protests. In case of a protest filed with the
City against a proposed change to the boundaries of a zoning district
duly signed and acknowledged by the owners of thirty percent (30%)
or more, either of the area of the 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,
the Board of Aldermen shall not have authority to enact such proposed
change of zoning except upon the affirmative vote in favor of such
change of zoning by at least two-thirds (2/3) of all of the members
of the Board of Aldermen.
4.
The Planning and Zoning Commission shall submit a written recommendation
regarding each proposed amendment, supplement, change or modification
to the regulations, restrictions and boundaries of the zoning districts
to the Board of Aldermen unless a petition for change to the boundaries
of the zoning district has been withdrawn by the applicant in writing.
The Board shall not act upon any such amendment, supplement, change
or modification until it has received a written recommendation from
the Planning and Zoning Commission on the proposed amendment, supplement,
change or modification.
5.
Upon receipt of the recommendation from the Planning and Zoning
Commission, the Board of Aldermen may act on the proposed amendment,
supplement, change or modification to the regulations, restrictions
and boundaries of the zoning districts.
