Arnold City Zoning Code
SECTION 405
260 Zoning Changes And Amendments.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.
The regulations, restrictions, and boundaries as set forth in this Chapter may from time to time be amended, supplemented, changed, or repealed whenever the public necessity and convenience and general welfare require such amendment by the following procedures:
1.
The regulations, restrictions, and boundaries may be amended, supplemented, changed or repealed by the City Council, or petitioned for a change by the legal owner of the property in question, provided, however, that no such action shall be taken until such proposal has first been reviewed by the Planning Commission and a report and recommendation thereon is made to the City Council.
No action shall be taken by the Planning Commission until after a public hearing has been held in relation thereto, at which parties in interest and citizens shall have the opportunity to be heard. Likewise, the City Council shall not take any action until after they have held a public hearing.
At least fifteen (15) days' notice of the time and place of such hearings shall be published in an official newspaper or a paper of general circulation in the City. A sign shall be posted in a conspicuous place upon said land at a point nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway.
The sign or signs shall be four (4) feet by four (4) feet in size, state the nature of the request, and the date and place of the public hearing. The copy shall be legible with lettering not less than four (4) inches in height and not less than one (1) inch in width.
2.
Changes in district boundaries or classifications, or restrictions shall only be approved under the following conditions:
a.
The extension of an existing boundary where said change will not be detrimental and where it is shown that such change is necessary for public convenience or necessity;
b.
There has been significant change in the area to warrant a change in zoning classification;
c.
It is shown that a mistake was made in the original Zoning Map;
d.
A change that would make the zoning classification reflect the proposed use in the land use plan of the City of Arnold; or
e.
Other changes where it is shown to be in the best interests for the health, safety, and welfare of the citizens of the City of Arnold.
3.
Protest. In case of protest against such Planning Commission recommendation, the below process shall be followed:
Owners of thirty percent (30%) by area (exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question or included in such proposed change may file a protest, duly signed and acknowledged, with the Council.
The City Clerk must receive such protest within seven (7) days after the Planning Commission meeting at which the Commission completed its recommendation to the City Council. Such protest to the Council shall be in writing, stating how the proposed change does not comply with the above listed conditions outlined in Subsection (A)(2) and shall be filed in duplicate with the City Clerk for verification.
Upon verification of the protest, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.
4.
No duplicate rezoning requests involving the same parcel or tract of land, or part thereof, regardless of any change in ownership, shall be considered by the Planning Commission or City Council until a period of six (6) months shall have passed from the date of final action by the City Council.
5.
Any decisions regarding changes in regulations, restrictions, and boundaries may be appealed to the Circuit Court, provided such appeal shall be made within thirty (30) days after the mailing or delivery of the notice of final decision.