[Ord. No. 516 §24(24.01), 6-21-2001; Ord. No. 542 §1(u), 12-20-2001; Ord. No. 1341 §56, 8-20-2008]
A.
Upon
annexation of any property the zoning of said property shall remain
the same as it was prior to the annexation until the zoning classification
is affirmatively changed through the regular rezoning procedures of
the City set forth in this Chapter.
B.
Before
the Board of Aldermen shall hereafter pass any ordinance enacting
original zoning districts and zoning regulations or shall hereafter
pass any ordinance which initially rezoned any land hereafter annexed
into the corporate limits of the City to a zoning district other than
the zoning district of the City which is most comparable to the zoning
district of St. Charles County which such land was subject to immediately
before such annexation, the Planning and Zoning Commission shall make
and submit preliminary and final reports to the Board of Aldermen
after conducting public hearings upon public notice in accordance
with Section 89.070, RSMo.
Such reports shall be designed to accomplish the purposes described
in Section 89.020, RSMo., and Section 89.040, RSMo., and shall include
the Planning and Zoning Commission's findings and recommendations
for the adoption of a comprehensive land use plan or for the amendment,
supplementation or repeal of the land use plan theretofore adopted
by the Board of Aldermen and shall also include either the Planning
and Zoning Commission's findings and recommendations for the enactment
of appropriate original zoning districts and zoning regulations for
the regulation of the height, area, bulk, location and use of private
and public structures and premises and of population density or the
Planning and Zoning Commission's findings and recommendations for
the initial rezoning of the land annexed into the corporate limits
of the City, whichever is appropriate to the proposed ordinance.
C.
For
the purposes of this Section, the phrase "ordinance enacting original
zoning districts and zoning regulations" shall include any ordinance
which repeals all existing zoning districts and zoning regulations
and enacts new zoning districts and zoning regulations for the City.
The Board of Aldermen may pass an ordinance enacting original zoning
districts and zoning regulations or an ordinance for the initial rezoning
of land after its annexation after receiving the Planning and Zoning
Commission's final report and conducting a public hearing upon public
notice in accordance with Chapter 89, RSMo.
D.
The
provisions enacted in either such ordinance shall be made in accordance
with the provisions of Chapter 89, RSMo., and the provisions of a
comprehensive land use plan adopted by the Board of Aldermen; and
shall be made upon reasonable consideration of the Planning and Zoning
Commission's final report, of the statements made and evidence adduced
at the public hearing or hearings thereon, of the character of the
various parcels of land, buildings and structures existing within
and nearby the corporate boundaries of the City and of their peculiar
suitability for particular uses; and shall be made with a view to
conserving the values of buildings and structures and encouraging
the most appropriate use of land throughout the City; and shall be
designed to accomplish the purposes described in Section 89.020, RSMo.,
and Section 89.040, RSMo.
[Ord. No. 516 §24(24.02), 6-21-2001; Ord. No. 1341 §57, 8-20-2008]
A.
The
Board of Aldermen from time to time and after receipt of a recommendation
from the Planning and Zoning Commission may by ordinance repeal, amend,
modify, supplement or revise the zoning districts or zoning regulations
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 change of zoning.
B.
Application
for a change of zoning may be initiated by resolution of the Board
of Aldermen, by resolution of the Planning and Zoning Commission or
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 no part of which shall be returnable
to the applicant. All applications shall be referred to the Planning
and Zoning Commission for review and recommendation.
[Ord. No. 516 §24(24.03), 6-21-2001; Ord. No. 1133 §2, 3-21-2007; Ord. No. 1341 §58, 8-20-2008]
A.
A petition
for change of zoning shall be signed by all the owners of the property
to be affected or by their agent or agents having authority to sign
the petition on their behalf. The petition shall be submitted to the
City Engineer at least thirty (30) days prior to the Commission meeting
at which it may be first considered and shall contain or be submitted
concurrently with the following information:
1.
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;
2.
A scaled map of such property correlated with the legal description
and clearly showing the property's location;
3.
The names and addresses of all the owners of such property and copies
of the deeds on file with the office of the St. Charles County Recorder
of Deeds proving such ownership;
4.
The date of filing with the Planning and Zoning Commission;
5.
The present zoning, proposed change of zoning and proposed use of
such property;
6.
The names and addresses of all the owners of all the parcels of property
within one hundred eighty-five (185) feet of such property. In addition,
and as a separate document, the names and mailing addresses of property
owner(s) of the property(ies) included in the proposed zoning amendment
or property within an area determined by lines drawn parallel to and
three hundred (300) feet distant from the boundaries of the property(ies)
to be affected; and
7.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information. If the owner(s) of the property or the
petitioner(s) 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, bylaws, articles of incorporation or some other reasonable
means.
[Ord. No. 516 §24(24.04), 6-21-2001; Ord. No. 1133 §3, 3-21-2007; Ord. No. 1341 §59, 8-20-2008]
A.
Applications
for such zoning changes shall be set down for hearing before the Planning
and Zoning Commission within ninety (90) days from the date of filing
the same. Any such hearing may, for good cause at the request of the
applicant or in the discretion of the Planning and Zoning Commission,
be continued.
B.
A public hearing before the Planning and Zoning Commission shall be conducted after notice required pursuant to Section 405.871 of this Code. Upon the final hearing of such application, the Planning and Zoning Commission shall submit its findings and recommendations for approval or denial of the proposed change of zoning to the Board of Aldermen.
[Ord. No. 1772 §3, 9-16-2015]
[Ord. No. 1772 §4, 9-16-2015]
A.
Notice Of Public Hearing(s), When Required. Except
where otherwise required pursuant to this Code, notice of public hearings
before the Board of Aldermen and the Planning and Zoning Commission
required under this Chapter shall be provided pursuant to the requirements
of this Section.
B.
Legal Notice To Be Published. The City will prepare
the legal notice advertising the public hearing(s). The legal notice
shall be published in a newspaper of general circulation throughout
the City at least fifteen (15) days prior to the dates of any public
hearings before the Planning and Zoning Commission and Board of Aldermen.
The legal notice shall contain the date, time, place and general purpose
of the public hearing(s).
C.
Additional Notice. In addition to the legal notice required pursuant to Subsection (B) of this Section, the City shall require the following notice:
1.
Notice to be Posted on website and City Hall. Notice of public hearings shall also be posted on the City's
official website (www.DardennePrairie.org) in a readily noticeable
format at least fifteen (15) days in advance of public hearings. Written
notice shall also be posted for public view at City Hall in a place
generally accessible to the public during normal business hours.
2.
Notification to adjacent property owners. The
petitioner or applicant shall make a good faith effort to notify by
mail all persons identified in the information provided to the City
pursuant to Sections 405.250.A(8), 405.470.A(6) and 405.865.A(6) of
the City Code. Such notices shall be postmarked at least fifteen (15)
days prior to the date of the hearing.
3.
Sign posting requirements. The City shall cause
a sign(s), the face of which is at least six (6) square feet in size,
to be posted upon the subject property advertising the public hearings
before the Planning and Zoning Commission and Board of Aldermen. Notice
shall also be printed on eight-and-one-half-inch-by-eleven-inch paper,
at least fifty (50) copies of which shall be placed in a container
attached to each sign so that members of the public may retrieve such
printed notice from the container.
a.
Required number of Signs. One (1) sign will
be placed along each street that abuts the property that is subject
to the public hearing. However, the Code Enforcement Officer shall
have the discretion of waiving the requirements for sign placement
along multiple street frontages if he/she determines that sign placement
along the most heavily traveled street frontage(s) will suffice. If
the subject property has more than three hundred (300) feet of frontage
along any street, the Code Enforcement Officer shall have the discretion
of requiring the placement of additional signs. If the subject property
does not abut a street, the sign(s) will be placed on each side of
any contiguous land owned by the petitioner, applicant or owner(s)
of the subject property which does abut a street. If no such contiguous
property is owned by the petitioner, applicant or owner(s) of the
subject site, the sign(s) will be placed in such location(s) as deemed
appropriate by the Code Enforcement Officer to best inform the general
public of the public hearing(s). If the Code Enforcement Officer determines
that there is no location where a sign could be placed that would
be visible to the general public, the Code Enforcement Officer shall
have the discretion of waiving the sign posting requirements.
b.
Sign placement. The required sign(s) will be
posted in a conspicuous location unobstructed to view from the street.
The required sign(s) will not be erected in a manner that would obstruct
the vision of motorists or pedestrians.
c.
Sign posting and removal. Sign(s) required to be posted pursuant to this Subsection (C)(3) shall be posted at least fifteen (15) days prior to the public hearing and shall remain posted until final action is taken by the Board of Aldermen on the subject of the public hearing. The City will cause the removal of all signs within seven (7) days of such final action.
4.
Special Circumstances. When notice of public hearing is required under Subsection A of this Section for actions affecting more than one (1) parcel of real property, the City may forego placement of signs on each parcel. Instead the City may place signs at various locations within and near the affected areas which, in the discretion of the Code Enforcement Officer, will provide sufficient notice to the general public of the public hearings.
5.
Failure To Post Additional Notice. Failure
to provide additional notice per the requirements of this Section
shall entitle the Planning and Zoning Commission and the Board of
Aldermen to postpone the public hearing for which the notice was required
until such time as the Planning and Zoning Commission or the Board
of Aldermen is satisfied that additional notice has been provided
to the public consistent with the intent and purpose of this Section.
D.
The Code Enforcement Officer is hereby empowered to prescribe and
maintain such forms and procedures as he/she finds necessary to accomplish
his/her function consistent with the provisions of this Section.
[Ord. No. 516 §24(24.05), 6-21-2001; Ord. No. 1341 §60, 8-20-2008]
In case, however, of a protest against such change, duly signed
and acknowledged by the owners of thirty percent (30%) or more, either
of the areas 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, such amendment
shall not become effective except by the favorable vote of two-thirds
(⅔) of all of the members of the Board of Aldermen. The provision
of Section 89.050, RSMo., relative to public hearing and official
notice shall apply equally to all changes and amendments.
