Saint Ann City Zoning Code
ARTICLE XVIII
Amendments
Section 400.860 Authority Of Board Of Aldermen.
[R.O. 1998 § 400.860; CC 1988 App. A §14.0; Ord. No. 1424 §1, 9-5-1989]
The Board of Aldermen may from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal by ordinance the boundaries of districts or regulations, or restrictions herein established.
Section 400.870 Petition And Deposit.
[R.O. 1998 § 400.870; CC 1988 App. A §14.1; Ord. No. 1424 §1, 9-5-1989; Ord. No. 2393 §4, 10-4-2005]
Before any action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Clerk a fee in the amount set forth in Section 400.750 based upon the acreage of the subject property to cover the approximate cost of this procedure, and under no condition shall such sum, or any part thereof, be refunded for failure of such change to be adopted by the Board of Aldermen; provided, however, that no deposit shall be required whenever the change is proposed by the City Planning and Zoning Commission, by the Board of Aldermen or any member thereof or by an official taxing agency or commission of the City. In addition thereto, if a public hearing is required for a proposed change in the zoning, before such publication shall be ordered, the applicant shall deposit with the City Clerk an amount equal to the estimated cost of publication and under no conditions shall such sum or any part thereof be refunded for failure of such change to be adopted by the Board of Aldermen; provided, however, that no deposit shall be required whenever the publication for a public hearing is the result of a proposal by the City Planning and Zoning Commission or by the Board of Aldermen or by an official taxing agency or commission of the City. If the cost of the publication exceeds the estimate secured by deposit, the applicant shall be billed and pay the difference. If the cost of the publication is less than the deposited estimate, the unused portion shall be returned to the applicant.
Section 400.880 Planning and Zoning Commission Review.
[R.O. 1998 § 400.880; CC 1988 App. A §14.2; Ord. No. 1424 §1, 9-5-1989]
Any proposed amendment, supplement, change, modification or repeal shall be first submitted to the Planning and Zoning Commission for its recommendation and report.
Section 400.890 Public Hearing.
[R.O. 1998 § 400.890; CC 1988 App. A §14.3; Ord. No. 1424 §1, 9-5-1989]
Upon the filing of the recommendation and report by the Planning and Zoning Commission with respect to any proposed amendment, supplement, change, modification or repeal, or upon failure to report in sixty (60) days, the Board of Aldermen shall proceed to hold a public hearing in relation thereto, giving at least fifteen (15) days' notice of the time and place of such a hearing, and if a proposed amendment, change or modification recommends a change in the district boundaries by rezoning of certain property, then such notice shall, in additional to the legal description of the property, contain a commonly recognized designation or address; which notice shall first be published in a newspaper having a general circulation in the City.
Section 400.900 Notice To Owners.
[R.O. 1998 § 400.900; CC 1988 App. A §14.4; Ord. No. 1424 §1, 9-5-1989]
In addition, where the proposed amendment recommends a change in the district boundaries by rezoning of property, at least one (1) week prior to the time the Board of Aldermen holds a public hearing on the rezoning, the City Clerk shall have mailed notices of the proposed rezoning to all owners of property as shown on the last tax rolls of the City, which is located within one hundred eighty-five (185) feet of any part of the property being considered for rezoning action.
Section 400.910 Board Of Aldermen Action.
[R.O. 1998 § 400.910; CC 1988 App. A §14.5; Ord. No. 1424 §1, 9-5-1989]
A.
The Board of Aldermen shall vote on the amendment, based on the following conditions:
1.
Rezoning shall require a favorable vote by at least three-fourths (3/4) of the full Board of Aldermen membership if the City Planning and Zoning Commission recommends against the rezoning.
2.
If a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land, exclusive of streets, places and alleys, included within such proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal shall not become effective except by a favorable vote of at least two-thirds (2/3) of the members of the Board of Aldermen.