Creve Coeur City Zoning Code
CHAPTER 16
AMENDMENTS; INTERPRETATION
10-16-1: AMENDMENTS:
The Village Board may from time to time amend, supplement or change by ordinance the boundaries of districts or regulations herein established for the purpose of promoting the public health, safety, morals, comfort and general welfare. Any amendment, supplement or change shall first be submitted to the Zoning Board for its recommendation and report as provided in this chapter. (Ord. 882, - -2019)
10-16-2: FILING OF PETITION:
Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession thereof, or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file a petition to amend, supplement or change the boundaries of districts or regulations herein established or to reclassify any property. Such petition must be filed with the Building Inspector on a form prescribed by the Zoning Board together with payment of the sum of fifty dollars ($50.00) to cover the approximate cost of this procedure, and under no condition shall said sum, or any part thereof, be refunded for failure of said amendment to be enacted by the Zoning Board or Village Board. (Ord. 882, - -2019)
10-16-3: HEARING ON PETITION:
(A) Upon receipt of a petition for an amendment, the Zoning Board shall hold a public hearing on the petition at such time and place as established by the Zoning Board. The hearing shall be conducted and a record of the hearing shall be preserved in such manner as the Zoning Board shall, by rule, prescribe from time to time. Not more than thirty (30) days or less than fifteen (15) days in advance of such hearing, notice of the time and place of such hearing shall be published at least once in a newspaper of general circulation in the village, as prescribed by the Illinois Municipal Code. The notice shall contain a description of the affected area in which the amendment is requested, including the common street address and property index number, if applicable.
(B) The concurring vote of four (4) members of the Zoning Board shall be necessary to recommend approval of petition for amendment. The recommendation of the Zoning Board shall be set forth in writing and including findings of fact. Where the proposed amendment is to change the boundaries of a district, the Zoning Board shall make findings of fact based upon the evidence presented to it in each specific case with respect to the following:
1. The existing uses of property within the general area.
2. The zoning classification of the property within the general area.
3. The trend of development, if any, in the general area.
4. The public interest, including, but not limited to, the conservation of property values.
Upon receipt of a written report and recommendation from the Zoning Board, the Village Board shall grant or deny any petition for amendment in a timely manner. The decision of the Village Board shall be set forth in writing.
In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Building Inspector, the amendment shall not be passed except upon a vote of two-thirds of the trustees of the Village Board then holding office. In such cases, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed amendment and a copy upon the applicant’s attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (Ord. 882, - -2019)
10-16-4: INTERPRETATION:
In the interpretation and application, the provisions of this Title shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this Title to repeal, abrogate, annul or in any way to impair or interfere with any existing provision or law or ordinance other than the herein described Zoning Title, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this Title imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this Title shall control. (Ord. 482, 4-7-82; amd. Ord. 882, - -2019)