Saint Charles City Zoning Code
ARTICLE XII
Amendments and Modifications
Section 400.1010 Authorization - Initiation - Applications.
[R.O. 2011 § 400.1010; R.O. 2009 § 156.250; CC 1981 § 30-249; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 04-224, 9-10-2004; Ord. No. 10-244 § 1, 11-18-2010; Ord. No. 20-105, 7-21-2020]
The City Council may, from time to time, amend, supplement, change or modify by ordinance the number, shape, area or boundaries of the districts or the regulations herein established. An amendment, change, modification or supplement to the number, shape, area or boundaries of the districts may be initiated by vote of the City Council, by motion of the Planning and Zoning Commission or by application of the owner of the property that is the subject matter of the proposed amendment. An amendment, change, modification or supplement to the regulations herein established may be initiated by vote of the City Council, by motion of the Planning and Zoning Commission or by request of the Department of Community Development. An amendment, change, modification or supplement to the number, shape, area or boundaries of the districts or the regulations shall require a public hearing, and action before the Planning and Zoning Commission and the City Council.
Section 400.1020 Hearings And Notice - Action On Request.
[R.O. 2011 § 400.1020; R.O. 2009 § 156.251; CC 1981 § 30-250; Ord. No. 77-31, 7-5-1977; Ord. No. 95-156, 6-7-1995; Ord. No. 98-209, 5-15-1998; Ord. No. 04-224, 9-10-2004; Ord. No. 04-248, 11-5-2004]
A.
Notice of public hearings on the change or amendment to the district boundaries before the Commission and before the City Council shall be given by publishing the date, time, place and nature of the hearing at least fifteen (15) days before the date of the hearing in a newspaper of general circulation in the City. The notice shall contain the time and place within the City where the text, maps, plans, ordinances, amendments or changes may be examined. In addition, the Department of Community Development shall erect a sign containing the notice on the property at least fifteen (15) days prior to the hearing and shall notify the applicant and the adjoining property owners, in writing, of the hearing at least fifteen (15) days prior to the hearing.
B.
The Planning and Zoning Commission shall hold a public hearing on the change or amendment to the district boundaries before submitting its report to the City Council. The failure of the Commission to act within ninety (90) days after the date of official submission to it shall be deemed approval by the Commission.
1.
The Department of Community Development shall review the application and determine that the application contains sufficient data to adequately describe the situation to the Planning and Zoning Commission. If the data is not adequate, the Department of Community Development shall notify the applicant of the additional required information. Only applications that are completed shall be forwarded to the Planning and Zoning Commission.
2.
Public Hearing And Notification. The Planning and Zoning Commission shall hold a public hearing on applications for change or amendment to the district boundaries. The Department of Community Development shall notify the applicant and the property owners of record within three hundred (300) feet of the boundaries of the subject property, in writing, of the hearing at least fifteen (15) days prior to the hearing. In the event an application is tabled by the Commission, it shall be the developer's responsibility to provide written notification to the Department of Community Development at least fifteen (15) days prior to the next regularly scheduled Commission meeting of their intent to have the item removed from the table. The developer shall also be responsible for providing written notification to all property owners within three hundred (300) feet of the subject property of their intent to request their application be taken off the table and acted upon by the Commission at least fifteen (15) days prior to such meeting. Should the developer wish an application to be tabled that has been advertised for public hearing, the developer must provide written notification to the Department of Community Development at least four (4) working days prior to the scheduled meeting to ensure the public can be made aware of the request.
Section 400.1030 Modification Of Request.
[R.O. 2011 § 400.1030; R.O. 2009 § 156.252; CC 1981 § 30-251; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
During the City Council's public hearing, the application may be changed or modified. The Planning and Zoning Commission shall be notified of all changes or modifications. Following the close of the public hearing, the City Council shall not change or alter the application in any way.
Section 400.1040 Reconsideration.
[R.O. 2011 § 400.1040; R.O. 2009 § 156.253; CC 1981 § 30-252; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
Whenever an application requesting an amendment, supplement or change has been voted upon by the City Council, such application or one substantially similar, shall not be reconsidered sooner than one (1) year after the previous ruling.
Section 400.1050 Protests Against Application.
[R.O. 2011 § 400.1050; R.O. 2009 § 156.254; CC 1981 § 30-254; Ord. No. 77-31, 7-5-1977; Ord. No. 95-168, 6-22-1995; Ord. No. 98-209, 5-15-1998; Ord. No. 18-258, 11-20-2018]
A.
A protest against an amendment, change, modification or repeal shall be comprised of a petition, duly signed and acknowledged by the owners of thirty percent (30%) or more, either 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 from the boundaries of the district proposed to be changed. A protest petition shall be in substantially the form of the sample protest petition found on the City's website or on file in the Department of Community Development. A completed protest petition and all collected signatures shall be submitted to the Department of Community Development no later than 5:00 P.M. on the Wednesday prior to the date of the City Council meeting at which the application remonstrated against is scheduled to be decided by the Council for validation as set forth in Subsection (B), below. Where the protest petition and signatures have been validated by the Department of Community Development and the thirty-percent threshold has been met, the proposed amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the City Council.
B.
Validation Of Protest Petition Signatures. Upon receipt of the protest petition and signatures, the Department of Community Development shall validate the signatures submitted with the protest petition to confirm that it has been duly signed and acknowledged by the owners of thirty percent (30%) or more, either 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 from the boundaries of the district proposed to be changed and that the two-thirds vote requirement shall apply. The manner in which real property is titled on the deed recorded with the St. Charles County Recorder of Deeds determines all signatures required before an address listed on the protest petition will be counted toward the thirty-percent calculation as follows:
1.
Deed Indicates Ownership By Married Couple: If both husband and wife's names are on the deed, both husband and wife must sign the protest petition. Both signatures must be notarized.
2.
Deed Indicates Ownership By Married Couple, One (1) Spouse Now Deceased: If both husband and wife's names are on the deed, but one (1) spouse is now deceased, the surviving spouse must sign the protest petition and submit a copy of the death certificate of the deceased. The signature of the surviving spouse must be notarized.
3.
Deed Indicates Ownership By Two (2) Or More Unmarried Persons: If two (2) or more unmarried persons are on the deed, each person whose name appears on the deed must sign the protest petition, and all signatures must be notarized.
4.
Deed Indicates Ownership By Trust: If the deed indicates that the real property is owned by a trust, the trustee must sign the protest petition on behalf of the trust and indicate that he/she signed the document in his/her capacity as trustee. The trustee's signature must be notarized.
5.
Deed Indicates Ownership By Business Entity (Including Homeowner Association): If the deed indicates that the real property is owned by a business entity, the business entity must be in good standing with the Missouri Secretary of State. The person(s) signing the protest petition on behalf of the entity must indicate that he/she signed the document in his/her capacity as a director, officer, member or partner, and that he/she has the authority to act on behalf of the entity. All signatures must be notarized.