Dardenne Prairie City Zoning Code
ARTICLE XV
Amendment Procedure
Section 405.855 Enactment of Original Zoning and Zoning of Annexed Land.
[Ord. No. 516 §24(24.01), 6-21-2001; Ord. No. 542 §1(u), 12-20-2001; Ord. No. 1341 §56, 8-20-2008]
A.
Upon annexation of any property the zoning of said property shall remain the same as it was prior to the annexation until the zoning classification is affirmatively changed through the regular rezoning procedures of the City set forth in this Chapter.
B.
Before the Board of Aldermen shall hereafter pass any ordinance enacting original zoning districts and zoning regulations or shall hereafter pass any ordinance which initially rezoned any land hereafter annexed into the corporate limits of the City to a zoning district other than the zoning district of the City which is most comparable to the zoning district of St. Charles County which such land was subject to immediately before such annexation, the Planning and Zoning Commission shall make and submit preliminary and final reports to the Board of Aldermen after conducting public hearings upon public notice in accordance with Section 89.070, RSMo.
Such reports shall be designed to accomplish the purposes described in Section 89.020, RSMo., and Section 89.040, RSMo., and shall include the Planning and Zoning Commission's findings and recommendations for the adoption of a comprehensive land use plan or for the amendment, supplementation or repeal of the land use plan theretofore adopted by the Board of Aldermen and shall also include either the Planning and Zoning Commission's findings and recommendations for the enactment of appropriate original zoning districts and zoning regulations for the regulation of the height, area, bulk, location and use of private and public structures and premises and of population density or the Planning and Zoning Commission's findings and recommendations for the initial rezoning of the land annexed into the corporate limits of the City, whichever is appropriate to the proposed ordinance.
C.
For the purposes of this Section, the phrase "ordinance enacting original zoning districts and zoning regulations" shall include any ordinance which repeals all existing zoning districts and zoning regulations and enacts new zoning districts and zoning regulations for the City. The Board of Aldermen may pass an ordinance enacting original zoning districts and zoning regulations or an ordinance for the initial rezoning of land after its annexation after receiving the Planning and Zoning Commission's final report and conducting a public hearing upon public notice in accordance with Chapter 89, RSMo.
D.
The provisions enacted in either such ordinance shall be made in accordance with the provisions of Chapter 89, RSMo., and the provisions of a comprehensive land use plan adopted by the Board of Aldermen; and shall be made upon reasonable consideration of the Planning and Zoning Commission's final report, of the statements made and evidence adduced at the public hearing or hearings thereon, of the character of the various parcels of land, buildings and structures existing within and nearby the corporate boundaries of the City and of their peculiar suitability for particular uses; and shall be made with a view to conserving the values of buildings and structures and encouraging the most appropriate use of land throughout the City; and shall be designed to accomplish the purposes described in Section 89.020, RSMo., and Section 89.040, RSMo.
Section 405.860 Procedure for Changes in Zoning Districts Zoning Regulations.
[Ord. No. 516 §24(24.02), 6-21-2001; Ord. No. 1341 §57, 8-20-2008]
A.
The Board of Aldermen from time to time and after receipt of a recommendation from the Planning and Zoning Commission may by ordinance repeal, amend, modify, supplement or revise the zoning districts or zoning regulations which are herein or hereafter enacted whenever the general welfare of the public and of the City will, in the opinion of the Board of Aldermen, be promoted by such change of zoning.
B.
Application for a change of zoning may be initiated by resolution of the Board of Aldermen, by resolution of the Planning and Zoning Commission or by petition of the owners of property to be affected by the proposed change. Except for the Board of Aldermen and the Planning and Zoning Commission, the applicant requesting such change of zoning shall at the time of application pay a fee no part of which shall be returnable to the applicant. All applications shall be referred to the Planning and Zoning Commission for review and recommendation.
Section 405.865 Information Required in Amendment Procedure.
[Ord. No. 516 §24(24.03), 6-21-2001; Ord. No. 1133 §2, 3-21-2007; Ord. No. 1341 §58, 8-20-2008; Ord. No. 2207, 9-21-2022]
A.
A petition for change of zoning shall be signed by all the owners of the property to be affected or by their agent or agents having authority to sign the petition on their behalf. The petition shall be submitted to the Zoning Administrator at least thirty (30) days prior to the Commission meeting at which it may be first considered and shall contain or be submitted concurrently with the following information:
1.
A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;
2.
A scaled map of such property correlated with the legal description and clearly showing the property's location;
3.
The names and addresses of all the owners of such property and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds proving such ownership;
4.
The date of filing with the Planning and Zoning Commission;
5.
The present zoning, proposed change of zoning and proposed use of such property;
6.
The names and addresses of all the owners of all the parcels of property within one hundred eighty-five (185) feet of such property. In addition, and as a separate document, the names and mailing addresses of property owner(s) of the property(ies) included in the proposed zoning amendment or property within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property(ies) to be affected; and
7.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the petitioner(s) are a trust or business entity, then proof of the authority of the party executing the petition must be provided by way of resolution, minutes, bylaws, articles of incorporation or some other reasonable means.
Section 405.870 Hearings Before Public Bodies.
[Ord. No. 516 §24(24.04), 6-21-2001; Ord. No. 1133 §3, 3-21-2007; Ord. No. 1341 §59, 8-20-2008]
A.
Applications for such zoning changes shall be set down for hearing before the Planning and Zoning Commission within ninety (90) days from the date of filing the same. Any such hearing may, for good cause at the request of the applicant or in the discretion of the Planning and Zoning Commission, be continued.
B.
A public hearing before the Planning and Zoning Commission shall be conducted after notice required pursuant to Section 405.871 of this Code. Upon the final hearing of such application, the Planning and Zoning Commission shall submit its findings and recommendations for approval or denial of the proposed change of zoning to the Board of Aldermen.
[Ord. No. 1772 §3, 9-16-2015]
Section 405.871 Requirements for Public Hearing Notice.
[Ord. No. 1772 §4, 9-16-2015]
A.
Notice Of Public Hearing(s), When Required. Except where otherwise required pursuant to this Code, notice of public hearings before the Board of Aldermen and the Planning and Zoning Commission required under this Chapter shall be provided pursuant to the requirements of this Section.
B.
Legal Notice To Be Published. The City will prepare the legal notice advertising the public hearing(s). The legal notice shall be published in a newspaper of general circulation throughout the City at least fifteen (15) days prior to the dates of any public hearings before the Planning and Zoning Commission and Board of Aldermen. The legal notice shall contain the date, time, place and general purpose of the public hearing(s).
C.
Additional Notice. In addition to the legal notice required pursuant to Subsection (B) of this Section, the City shall require the following notice:
1.
Notice to be Posted on website and City Hall. Notice of public hearings shall also be posted on the City's official website (www.DardennePrairie.org) in a readily noticeable format at least fifteen (15) days in advance of public hearings. Written notice shall also be posted for public view at City Hall in a place generally accessible to the public during normal business hours.
2.
Notification to adjacent property owners. The petitioner or applicant shall make a good faith effort to notify by mail all persons identified in the information provided to the City pursuant to Sections 405.250.A(8), 405.470.A(6) and 405.865.A(6) of the City Code. Such notices shall be postmarked at least fifteen (15) days prior to the date of the hearing.
3.
Sign posting requirements. The City shall cause a sign(s), the face of which is at least six (6) square feet in size, to be posted upon the subject property advertising the public hearings before the Planning and Zoning Commission and Board of Aldermen. Notice shall also be printed on eight-and-one-half-inch-by-eleven-inch paper, at least fifty (50) copies of which shall be placed in a container attached to each sign so that members of the public may retrieve such printed notice from the container.
a.
Required number of Signs. One (1) sign will be placed along each street that abuts the property that is subject to the public hearing. However, the Code Enforcement Officer shall have the discretion of waiving the requirements for sign placement along multiple street frontages if he/she determines that sign placement along the most heavily traveled street frontage(s) will suffice. If the subject property has more than three hundred (300) feet of frontage along any street, the Code Enforcement Officer shall have the discretion of requiring the placement of additional signs. If the subject property does not abut a street, the sign(s) will be placed on each side of any contiguous land owned by the petitioner, applicant or owner(s) of the subject property which does abut a street. If no such contiguous property is owned by the petitioner, applicant or owner(s) of the subject site, the sign(s) will be placed in such location(s) as deemed appropriate by the Code Enforcement Officer to best inform the general public of the public hearing(s). If the Code Enforcement Officer determines that there is no location where a sign could be placed that would be visible to the general public, the Code Enforcement Officer shall have the discretion of waiving the sign posting requirements.
b.
Sign placement. The required sign(s) will be posted in a conspicuous location unobstructed to view from the street. The required sign(s) will not be erected in a manner that would obstruct the vision of motorists or pedestrians.
c.
Sign posting and removal. Sign(s) required to be posted pursuant to this Subsection (C)(3) shall be posted at least fifteen (15) days prior to the public hearing and shall remain posted until final action is taken by the Board of Aldermen on the subject of the public hearing. The City will cause the removal of all signs within seven (7) days of such final action.
4.
Special Circumstances. When notice of public hearing is required under Subsection A of this Section for actions affecting more than one (1) parcel of real property, the City may forego placement of signs on each parcel. Instead the City may place signs at various locations within and near the affected areas which, in the discretion of the Code Enforcement Officer, will provide sufficient notice to the general public of the public hearings.
5.
Failure To Post Additional Notice. Failure to provide additional notice per the requirements of this Section shall entitle the Planning and Zoning Commission and the Board of Aldermen to postpone the public hearing for which the notice was required until such time as the Planning and Zoning Commission or the Board of Aldermen is satisfied that additional notice has been provided to the public consistent with the intent and purpose of this Section.
D.
The Code Enforcement Officer is hereby empowered to prescribe and maintain such forms and procedures as he/she finds necessary to accomplish his/her function consistent with the provisions of this Section.
Section 405.875 Protest.
[Ord. No. 516 §24(24.05), 6-21-2001; Ord. No. 1341 §60, 8-20-2008]
In case, however, of a protest against such change, 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, such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of all of the members of the Board of Aldermen. The provision of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes and amendments.