New Melle City Zoning Code
ARTICLE XV
Amendment Procedure
Section 405.775 Enactment of Original Zoning and Zoning of Annexed Land.
[Ord. No. 224 §§1 — 2(30.01), 10-19-2005]
Any existing land hereafter annexed into the corporate limits of the City shall automatically be zoned as of the date of annexation as such zoning district of the City which is most comparable to the zoning district of St. Charles County which the land was subject to immediately before such annexation.
Section 405.780 Procedure for Changes in Zoning Districts Zoning Regulations.
[Ord. No. 224 §§1 — 2(30.02), 10-19-2005]
A.
The Board of Aldermen from time to time, on its own initiative or on 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 of which 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 405.785 Information Required in Amendment Procedure.
[Ord. No. 224 §§1 — 2(30.03), 10-19-2005]
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 Planning and Zoning Commission and shall contain or be submitted concurrently with the following information:
1.
A legal description of the property to be affected.
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.
4.
Date of filing with the Planning and Zoning Commission.
5.
The present zoning, proposed change of zoning and proposed use of such property.
6.
A site development plan for the property if the proposed use will require the installation or construction of new equipment or structures.
7.
The names and mailing addresses of the owners of all the parcels of property within five hundred (500) feet of such property.
8.
The names and mailing addresses of property owners within an area determined by lines drawn parallel to five hundred (500) feet distance from the boundaries of the district proposed to be changed.
9.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
Section 405.790 Hearings Before Public Bodies.
[Ord. No. 224 §§1 — 2(30.04), 10-19-2005]
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. However, the hearing shall not be continued for more than sixty (60) days without the consent of the applicant.
B.
At least fifteen (15) days' notice of the time and place of such hearing shall be published in a legal newspaper of general circulation within the City. The Planning and Zoning Commission shall notify by mail all property owners known to the Planning and Zoning Commission whose property is within five hundred (500) feet of the property to be affected. Such notice shall be postmarked at least fifteen (15) days prior to the date of hearing. 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.
Section 405.795 Protest.
[Ord. No. 224 §§1 — 2(30.05), 10-19-2005]
In case a protest against a proposed change of zoning is presented, 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 Board of Aldermen shall not have authority to enact such proposed change of zoning except upon the affirmative vote in favor of such change of zoning by at least three-fourths (¾) of all of the members of the Board of Aldermen including for the purpose of this Section any members who are absent, who abstain from voting and who are under a disability or conflict which prevents them from voting.