[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The purpose of the text amendment procedure is to add, remove,
or modify the text of this Code to reflect changes in public policy,
changed conditions, or to advance the health, safety, and welfare
of the City.
B.
Applicability.
1.
This Section applies to all requests to change the text of this
Code.
2.
An application for a text amendment may only be initiated by
the Community Development Director, the Planning and Zoning Commission,
or the Board of Aldermen.
3.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
2.
Application Submission and Handling.
a.
An application for a text amendment shall be prepared by the
Community Development Director.
5.
Review And Decision-Making Bodies.
a.
Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval, approval with modifications, or denial in accordance with Section 405.070 and the criteria listed in Subsection (C)(5)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (C)(5)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070.
c.
Review Criteria. A text amendment application
shall be reviewed according to the following criteria:
(1)
The text amendment is consistent with the Comprehensive
Plan and other City policies;
(2)
The text amendment does not conflict with other
provisions of this Code or other provisions in the Lake Saint Louis
Municipal Code;
(3)
The text amendment is necessary to address a demonstrated
community need;
(4)
The text amendment is necessary to respond to substantial
changes in conditions and/or policy; and
(5)
The text amendment is consistent with the general
purpose and intent of this Code.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The purpose of the Zoning Map amendment procedure is to change
a property's zoning classification by revising the Official Zoning
Map to reflect changes in public policy, changed conditions, or to
advance the health, safety, and welfare of the City.
2.
The purpose is neither to relieve particular hardship nor to
confer special privileges or rights on any person.
3.
The Zoning Map amendment procedure should not be used when a
special use permit, variance, or minor adjustment could be used to
achieve a similar result.
B.
Applicability.
1.
This Section applies in the following instances:
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
3.
Application Submission And Handling.
a.
The application shall be submitted to the Department of Community Development and handled in accordance with Section 405.040 and the following modifications:
(1)
In addition to the persons authorized to submit an application listed in Section 405.040(A), the Planning and Zoning Commission, Board of Aldermen, and Community Development Director may initiate a Zoning Map amendment application.
6.
Review And Decision-Making Bodies.
a.
Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval or denial in accordance with Section 405.070 and the criteria listed in Subsection (C)(6)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (C)(6)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070.
c.
Review Criteria.
(1)
A Zoning Map amendment shall be reviewed according
to the following criteria:
(a)
The Zoning Map amendment is consistent with the City's Comprehensive
Plan and the purpose of this Code;
(b)
The Zoning Map amendment is consistent with the purpose statement
of the proposed zoning district and all district standards;
(c)
The Zoning Map amendment will not create any new nonconformities
or increase the degree of any existing nonconformities;
(d)
Substantial changes in the subject area warrant a zoning change;
and/or
(e)
The intensity of development in the proposed zoning district
is not expected to create significantly adverse impacts to surrounding
properties or the neighborhood.
d.
Protest Petition.
(1)
If a written protest against a proposed Zoning
Map amendment that is 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, said amendment shall not become effective except by the
favorable vote of two-thirds of all the members of the Board of Aldermen.
(2)
Protest petitions must be filed with Community
Development Director at least one (1) week prior to the final decision
of the Board of Aldermen.
