Clayton City Zoning Code
ARTICLE XI
Text Amendments and Rezoning
Section 405.1540 Intent and Purpose
[Ord. No. 5814 §1(13.1), 4-27-2004]
To establish procedures for amending this Chapter, zoning district boundaries or classification of property. Included are regulations for the filing of petitions, required public hearing notices and powers of the City Plan Commission and Board of Aldermen in reviewing requested changes.
Section 405.1550 Initiation
[Ord. No. 5814 §1(13.2), 4-27-2004]
A.
Text Amendment. A text amendment may be initiated by the Board of Aldermen, Plan Commission, City Administration and/or via an application from other interested parties with ownership interest in the subject property or authorized representatives of such interested parties.
B.
Rezoning. A request for a change in the zoning district designation, as described by the official Zoning Map, may be initiated by the Board of Aldermen, Plan Commission, City Administration and/or via an application from other interested parties with ownership interest in the subject property or authorized representatives of such interested parties.
Section 405.1560 Application
[Ord. No. 5814 §1(13.3), 4-27-2004]
A.
Text Amendment.
1.
A petition for amendment to the written text of this Chapter shall be addressed to the Board of Aldermen and filed with the Director of Planning and Development Services. An application form shall be completed and filed with the Department of Planning and Development Services. The application form is available through the Department of Planning and Development Services. The application shall set forth the new text to be added and existing text to be deleted.
2.
The applicant must submit one (1) original and thirty (30) copies of the application and all required documentation to the Director of Planning and Development Services. Any plan sets submitted as part of an application must be folded to approximately eight and one-half (8½) by eleven (11) inches or eight and one-half (8½) by fourteen (14) inches. At the time that an application is filed, the applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid to the City of Clayton to the credit of the General Revenue Fund of the City. Applications and all required documentation should be submitted a minimum of twelve (12) days in advance of the Plan Commission meeting date in order to be considered for that Plan Commission agenda.
B.
Rezoning.
1.
A petition for a change in the zoning district designation as described by the official Zoning Map shall be addressed to the Board of Aldermen and filed with the Director of Planning and Development Services. An application form shall be completed and filed with the Department of Planning and Development Services. The application form is available through the Department of Planning and Development Services. The application shall include a legal description of the property to be changed from one category to another, as well as a map or overlay on the existing map graphically describing said change.
2.
The applicant must submit one (1) original and thirty (30) copies of the application and all required documentation to the Director of Planning and Development Services. At the time that an application is filed, the applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid to the City of Clayton to the credit of the General Revenue Fund of the City. Applications and all required documentation should be submitted a minimum of twelve (12) days in advance of the Plan Commission meeting date in order to be considered for that Plan Commission agenda.
Section 405.1570 Limitations of Filing
[Ord. No. 5814 §1(13.4), 4-27-2004]
A.
An application for amendment or rezoning shall not be accepted by the Director of Planning and Development Services:
1.
If the request change does not comply with all the requirements of this Article and any regulation adopted pursuant thereto.
2.
If a previous application for rezoning the same property was approved or denied within twelve (12) months of this new application. The application shall be accepted, however, if the Director of Planning and Development Services verifies that substantial new facts which warrant reapplication have been established.
Section 405.1580 Staff Review
[Ord. No. 5814 §1(13.5), 4-27-2004]
Upon receipt by the Director of Planning and Development Services or his/her designee of an application for text amendment or rezoning, the application and supporting documentation shall be reviewed at the next regularly scheduled site plan review meeting. At such meeting, joint review of the application and supporting documents by the City staff shall occur. Such meetings shall be held regularly at a time agreed upon by the departments concerned. Within seven (7) calendar days of the meeting date, a letter shall be forwarded to the person or firm submitting the application stating any deficiencies with the application or supporting documentation. Thirty (30) days from the date on the comment letter, all deficiencies must be addressed and submitted for further review. If the deficiencies are not addressed within the said time limit, review of the application will be terminated. If there are no comments, then within seven (7) calendar days of the meeting, a letter shall be forwarded to the person or firm submitting the plan requesting that plans be submitted as per Section 405.1560 above.
Section 405.1590 Plan Commission
[Ord. No. 5814 §1(13.6), 4-27-2004]
The Plan Commission shall hold a public hearing on each application for amendment, rezoning, modification or revision of the Zoning Ordinance and decide whether or not to recommend approval. The Plan Commission shall render a decision on an application within sixty (60) days from the date the Plan Commission first considers the application. The application shall be deemed to have received a positive recommendation if the Plan Commission fails to render a decision within the said sixty (60) day period. The sixty (60) day period may be extended through mutual written agreement between the applicant and the City Plan Commission Chairperson.
Section 405.1600 Public Hearing
[Ord. No. 5814 §1(13.7), 4-27-2004]
A.
Text Amendment. Text amendments to the Zoning Ordinance that are general in nature and not pertaining to a specific property, as in the case of a change in the boundaries of a zoning district, shall require publication of notice at least twice in a newspaper of general circulation, the first (1st) notice of which shall be published at least fifteen (15) days prior to the hearing date.
B.
Text Amendments (Procedural Matters). It shall not be necessary to publish notice or hold public hearings on text amendments to this Chapter pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this Chapter.
C.
Rezoning. Once the public hearing date has been established, the City Clerk shall cause notice of the public hearing to be published at least twice in a newspaper of general circulation, the first (1st) of which notice shall be published at least fifteen (15) days prior to the hearing date.
D.
The City Clerk shall cause written notification to be sent by first class mail at least ten (10) days prior to the hearing date to the last known abode of the owners (according to City tax records) of properties within two hundred (200) feet of the boundaries of the amendment under consideration.
E.
The City Clerk shall cause the posting of a public hearing notice in five (5) public places, including the property or properties to be considered for rezoning, at least seven (7) days prior to the hearing date.
Section 405.1610 Board of Aldermen Consideration
[Ord. No. 5814 §1(13.8), 4-27-2004]
A.
After receipt of the Plan Commission's recommendation and report, the Board of Aldermen shall consider the proposed text amendment or rezoning at a public hearing. The Board of Aldermen may, at its discretion, add to or delete conditions recommended by the City Plan Commission. The Board of Aldermen may refer the application back to the Plan Commission for further study before making its final decision. The decision rendered by the Board of Aldermen shall require a simple majority vote except in the following circumstances:
1.
A vote of at least five (5) members of the Board of Aldermen will be required to approve a decision contrary to the City Plan Commission recommendation.
2.
The affirmative vote of at least five (5) members of the Board of Aldermen shall be required to authorize a text amendment or rezoning, when a protest against said text amendment or rezoning is presented to the City Clerk in writing at least five (5) full days (including weekends and holidays) in advance of the Board of Aldermen meeting at which the matter is to be considered.
Section 405.1620 Protest Petition
[Ord. No. 5814 §1(13.9), 4-27-2004]
The affirmative vote of at least five (5) members of the Board of Aldermen shall be required to authorize a text amendment or rezoning, when a protest against said text amendment or rezoning is presented to the City Clerk in writing at least five (5) full days (including weekends and holidays) in advance of the Board of Aldermen meeting at which the matter is to be considered. Therefore, protest petitions must be received by 5:00 P.M. Central Standard Time (CST) the day preceding the required five (5) days. The protest shall be 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. The provisions relative to public hearing and official notice shall apply equally to all changes and amendments.