City of Jonesburg, MO Article VII Amendments

Section 400.280 Zoning Map And Text Amendments.

[Ord. No. 395, 11-6-2023]

A. Applicability. Zoning Map and text amendments may be necessary to account for changed conditions in the general area, a change in public policies with respect to future development, or a desire to enable certain types of development that were not contemplated under the provisions of this Chapter. The Board of Aldermen shall have the authority to amend, supplement, change, modify, or repeal, by ordinance, the text or map of this Chapter as provided for in accordance with the provisions of this Section.

1. Text Amendments. An application for amendment to the written text of this Chapter may be filed by any person in the office of the City Clerk for consideration by the Planning and Zoning Commission and the Board of Aldermen.

2. Zoning Map Amendments (Rezoning). An application for a change in the zoning district designation as described by the Official Zoning Map may be filed in the office of the City Clerk, for consideration by the Planning and Zoning Commission and the Board of Aldermen. Such application may be filed by the Mayor, any member of the Board of Aldermen, the Planning and Zoning Commission, or the Zoning Enforcement Officer, by any other appointed or elected official of the City, or by any person with financial, contractual, or proprietary interest in the property to be included in the proposed change of zoning. In addition to the general requirements in Table 400.080 and Section 400.080, the following requirements are specific to Zoning Map or text amendment applications.

a. Application And Submission Requirements. The application shall be made on a form provided by the City Clerk. The application shall be signed by the applicant and shall state name and address, as well as:

(1) Text Amendments. An application for an amendment to the text of this Chapter shall set forth the new text to be added and existing text to the deleted.

(2) Rezoning. An application for a Zoning Map change shall include:

(a) A legal description of the property.

(b) A scaled map of the property, correlated with the legal description, and clearly showing the property's location.

(c) The name, address, and phone number of the petitioner.

(d) The petitioner's interest in the property, and if the petitioner is not the owner, the name, address, and phone number of the owner(s).

(e) Date of filing with City Clerk.

(f) Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.

(g) The present and proposed zoning.

An application for either a text amendment or rezoning shall comply with and be in accordance with the format and procedures governing the same as adopted by the Planning and Zoning Commission and administered by the City Planner. In all cases where an application is initiated by a private party, the application shall be accompanied by the fee established by the Board of Aldermen and on file in the offices of the City Clerk.

B. Planning And Zoning Commission Review. Each application shall be presented to the Planning and Zoning Commission for its report and recommendations. The Planning and Zoning Commission shall consider an application not later than the second regular monthly meeting of the Planning and Zoning Commission after all required documents are filed. The Planning and Zoning Commission shall give written notice to all property owners within the City limits whose property lies within three hundred (300) feet of that which has been requested for rezoning. The Planning and Zoning Commission shall recommend approval, conditional approval, or denial of the application and shall file its report and recommendation with the Board of Aldermen.

1. The Planning and Zoning Commission may recommend that a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The Board of Aldermen may enact, by ordinance, such a partial granting of a petition for a change in zoning district classification.

2. The Planning and Zoning Commission may recommend, and the Board of Aldermen may enact, by ordinance, a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner.

C. Review Criteria. A Zoning Map or text amendment shall be reviewed by the Planning and Zoning Commission and the Board of Aldermen according to the following criteria:

1. The application is consistent with the Comprehensive Plan and any official plan or program developed under the guidance of the Comprehensive Plan, and in particular the relationship of land uses within the proposed district and the relationship with uses existing or anticipated in surrounding districts.

2. The character of the neighborhood, including the design of streets, civic spaces, and other open spaces; the scale, pattern, and design of buildings; the zoning of property and compatibility of potential future uses; and the operation and uses of land and buildings.

3. The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts, and in particular the building form, site design, and other development patterns and urban design aspects of the proposed project in furthering the intent.

4. Compliance of any proposed development with the requirements of the development code, and the intent or design objectives associated with any specific standards as established by this Chapter.

5. The ability of the City or other government agencies to provide any services, facilities, or programs that might be required if the application were approved.

6. The effect of approval on the condition or value of property in the City or in the vicinity, including the likelihood of surrounding areas to be developed in accordance with the Comprehensive Plan.

7. The consistency of the application with other adopted policies of the City, including any other relevant implications of the change beyond any specific proposed project.

8. The recommendations of the Zoning Enforcement Officer, the City Planner, other City professional staff, or other technical reviews associated with the application.

D. Protest Petition. If a written protest against a proposed Zoning Map or text change duly signed, notarized, and acknowledged by the owners of more than thirty percent (30%) or more 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 or area proposed to be changed or to be affected by a text change is filed in the office of the City Clerk within fifteen (15) days of the date of the conclusion of the Board of Aldermen public hearing, such revision or amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the Board of Aldermen.

E. Board Of Aldermen Review. Before acting upon any application for a text or map amendment, the Board of Aldermen shall hold a hearing thereon after at least fifteen (15) days public notice of such hearing is published in a newspaper of general circulation within the City and written notice is given to all property owners within the City limits whose property lies within three hundred (300) feet of that which has been requested for rezoning. The Board of Aldermen may refer the application back to the Planning and Zoning Commission for additional study before making its final decision. No additional public notice is required to be given. All text amendments and amendments to the Zoning Map, as described herein, shall require a two-thirds (2/3) majority vote by the Board of Aldermen.

F. Withdrawal. Any text or map amendment request, regardless of its source of initiation, may be withdrawn from consideration upon receipt of written notice from the applicant by the Zoning Enforcement Officer at any point in the approval process, prior to final action on the request by the Board of Aldermen.

G. Effect Of Decision. Amendments to the ordinance text or Official Zoning Map (rezoning) shall be approved by the Board of Aldermen in the form of an ordinance. Approved changes to the Official Zoning Map shall be indicated on said Map by the Zoning Enforcement Officer within thirty (30) days following such action.

Section 400.290 Effect Of Protest Or Adverse Report.

[Ord. No. 395, 11-6-2023]

In case of an adverse report by the Planning and Zoning Commission or if a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.