O Fallon City Zoning Code
ZONING AMENDMENTS
§ 157.240 WHO MAY APPLY.
(A) Text amendments. An application for a zoning text amendment may only be filed by the governing body, the City Administrator or the Director. A “zoning text amendment” is any amendment to the city’s Zoning Code herein, but does not include the property rezoning.
(B) Property rezoning. An application for property rezoning may be filed by either the City Administrator, at the direction of the governing body, the landowner or the landowner’s agent. A “property rezoning” is a zoning district change or a planned use amendment applicable to one or more specific properties reflected on the official zoning map.
(Prior Code, § 158.240) (Ord. 3382, passed 11-7-2005)
§ 157.241 CONSIDERATION OF ZONING TEXT AMENDMENTS.
(A) All zoning text amendments shall be approved by ordinance. Consideration of zoning text amendments shall require a public hearing before the Commission following publication notice in accordance with requirements set forth in §§ 157.255 through 157.257. The recommendation of the Commission is advisory.
(B) A vote either for or against a zoning text amendment by a majority of all of the Commissioners present shall constitute a recommendation of the Commission. If a motion for or against the zoning text amendment fails to receive a majority vote, the Commission may entertain a new motion. A tie vote, or the failure to obtain a majority vote on any motion, shall constitute a “failure to recommend”. The Commission’s recommendation, or failure to recommend, shall be submitted to the governing body, accompanied by a written summary of the hearing.
(C) When the Commission submits a recommendation to the governing body, the governing body may take such action as it deems appropriate, including approval, approval with conditions, disapproval, amendment of the application and adoption as amended or rehearing of the petition by the governing body.
(Prior Code, § 158.241) (Ord. 3382, passed 11-7-2005)
§ 157.242 CONSIDERATION OF PROPERTY REZONING APPLICATIONS.
(B) Procedures. The procedures for Commission and governing body consideration of property rezoning applications shall conform to the procedures set forth for zoning text amendments. The governing body shall not take action on the Commission’s original recommendation or a failure to recommend unless seven days have elapsed after the date of the conclusion of the Commission’s public hearing held pursuant to publication notice to allow the filing of a protest petition as provided in this section. However, where the right to file a protest petition has been waived in a verified statement signed by all property owners holding the right, the governing body may consider the Commission’s recommendation at any time.
(C) Protest petitions.
(1) A protest against any property rezoning application shall be filed not later than the end of the business day (5:00 p.m.) on the seventh day following the date of the conclusion of the Commission’s public hearing held pursuant to the publication notice. To be considered a valid protest, a protest petition must be timely filed and duly signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.
(2) If a protest is filed, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant’s attorney, if any, by certified mail at the address of the applicant and attorney shown in the application for the proposed amendment. Verification of the genuineness and correctness of the signatures on the protest petition, either individually or collectively, shall be made by a person who has signed the protest petition.
(3) Once a valid protest petition has been filed with the city, it may not be withdrawn unless every person who originally signed the protest signs a verified affidavit that states and fully explains the rights being waived by the withdrawal of the protest petition. The affidavits of withdrawal must be filed with the City Clerk on or before the last regular business day preceding the governing body meeting for which the protest applies. For purposes of withdrawal, signatures shall not be required of the city, where city-owned property lies within the protest area, or of entities controlling rights-of-way or utility easements.
(D) Adoption where protest filed. Where a valid protest petition has been filed, an ordinance approving the property rezoning shall not become effective, except by the favorable vote of two-thirds of all members of the governing body.
(E) Criteria for considering applications. In considering any application for rezoning, the Commission and the governing body may give consideration to the criteria stated below to the extent they are pertinent to the particular application. The Commission and governing body also may consider other factors that may be relevant to a particular application:
(1) The existing uses and zoning of nearby property;
(2) The extent to which property values are diminished by the particular zoning restrictions;
(3) The extent to which the destruction of property values of plaintiff promote the health, safety, morals or welfare of the public;
(4) The relative gain to the public as compared to the hardship imposed upon the individual property owner;
(5) The suitability of the subject property for the zoned purposes;
(6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property;
(7) The care that the community has taken to plan its land use development; and
(8) The community need for the proposed use.
(Prior Code, § 158.242) (Ord. 3382, passed 11-7-2005)
§ 157.243 LIMITATION ON SUCCESSIVE PROPERTY REZONING APPLICATIONS BY LANDOWNER.
(A) No application for property rezoning shall be accepted if any application for property rezoning for substantially the same property has been filed and advertised for public hearing within the preceding 12 months.
(B) For purposes of division (A) above, the preceding 12-month period shall be determined as follows.
(1) If there was final action (either approval or denial) on the prior application, the 12-month period shall run from the date of the action.
(2) If the prior application was withdrawn after being advertised for public hearing, the 12-month period shall run from the date the application was withdrawn.
(C) (1) The Director shall determine if an application concerns “substantially the same property” as a prior application.
(2) The landowner may appeal the Director’s determination to the governing body.
(Prior Code, § 158.243) (Ord. 3382, passed 11-7-2005)