(1)

When there may be an amendment. The regulations, restrictions and boundaries contained in this appendix may from time to time be amended, supplemented, changed, modified or repealed by the board of aldermen, either on its own motion, or on written application therefore filed with the zoning officer on behalf of the board of aldermen by the mayor, any member of the board, the commission, the zoning officer or by any governmental body or person with a financial, contractual or proprietary interest in the real estate which would be affected by the proposed amendment. In reviewing such applications, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory order among other factors to protect the public health, safety, and welfare.

(2)

Amendments may be proposed by any citizen of the city, organization or governmental body, or on the initiative of the city through its board, commission or zoning officer. No more than one petition for the same change in district regulations or district boundaries for the same parcel shall be submitted by any applicant or owner within a six month period.

(3)

Application and submission requirements. An application for either a text amendment or an amendment in the nature of a rezoning shall be submitted on a form containing such information and materials as may be required by the zoning officer, the commission or the board of aldermen from time to time. The application shall be signed by the owner of the affected real estate or the authorized representative of such owner, and shall be supplemented by such additional information as may be reasonably required by the zoning officer, the commission or the board of aldermen relevant to the particular application.

(4)

Application review procedure.

(a)

Applications initiated by the city shall comply with the minimum notice and procedure requirements established by state law but shall not be subject to other application requirements herein.

(b)

Applications for an amendment to this appendix, other than by the city, shall be filed with the administrative officer in such form and accompanied by such information as required by the administrative officer. The administrative officer, upon requiring an application for amendment, shall transmit one copy of such application along with all pertinent data filed therewith, to the following agencies and/or legal entities for their review and written recommendations, protests or comments: Commission, board of aldermen.

1.

A appropriate fee shall be paid to the City of St. Clair, Missouri, for each application for an amendment to cover the cost of advertising and other administrative expenses involved. The board of aldermen and board of appeals shall be exempt from this fee.

2.

The commission and board of aldermen shall hold a public hearing on each application for an amendment at such time and place as shall be established by the city. The hearings shall be conducted and a record of such proceedings shall be preserved in such manner as the board of aldermen shall, by rule, prescribe from time to time.

3.

Notice of time and place of such hearing before the board of aldermen shall be published with at least 15 days' notice in an official paper or a paper of general circulation in the city. Supplemental or additional notices may be published or distributed as the board of aldermen may prescribe from time to time. Notice of hearing before the commission shall be such reasonable notice as may be determined appropriate, such as posting the agenda and such other reasonable methods designed to inform the public, unless publication or other notice is required by law.

4.

Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(i)

Relatedness of the proposed amendment to goals and outlines of the long-range physical plan (Comprehensive Plan) of the City of St. Clair, Missouri.

(ii)

Existing uses of property within the general area of the property in question.

(iii)

The zoning classification of property within the general area of the property in question.

(iv)

The suitability of the property in question to the uses permitted under the existing zoning classification.

(v)

The trend of development, if any, in the general area of the property in question, including changes if any, which have taken place in its present zoning classification.

5.

The board of aldermen shall not act upon a proposed amendment to the ordinance until it shall have received a written report and recommendation from the Commission on the proposed amendment.

6.

The board of aldermen shall approve or deny the proposed amendment. If an application for such an amendment is not acted upon by the board of aldermen within a 90 day period following its initial submission, it shall be deemed to have been approved.

(5)

Protests.

(a)

If a protest against such revision, change or amendment is presented to the commission for consideration at the hearing relating thereto, duly signed and acknowledged by the owners of 30 percent 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 185 feet distant from the boundaries of the district proposed to be changed, such protest and whether it is sufficient or insufficient shall be made of record by the commission. Where there are multiple owners of a parcel, all owners must sign the protest and with each signature acknowledged.

(b)

Unless otherwise required by law, such valid complete protest must be submitted to the board of aldermen for review and verification not later than the earlier of: (1) five days after the hearing before the Board, or (2) prior to the board's final vote on the amendment.

(c)

In the instance of a sufficient valid protest, such amendment, revision or change shall not become effective except by the favorable vote of two-thirds of all of the members of the board.

(d)

Any claimed or actual defect in the application of the procedures or notice provisions established herein that are in addition to the minimum required by state law shall not affect the validity of any decision rendered thereunder.

(6)

Annexation. All territory that may be annexed by the city after the effective date of this appendix shall be zoned as follows:

(a)

No previous zoning ordinance in effect. If at the time of annexation the newly annexed land is not subject to a valid zoning ordinance duly imposed by a properly authorized governmental subdivision of the state, the city shall in due course and in accordance with law adopt zoning regulations for the annexed territory. From the time that the annexation becomes effective until such time as the city adopts zoning regulations for the annexed territory, the annexed territory shall be classified under the most restrictive zoning category then existing in this appendix.

(b)

Pre-existing zoning ordinances in effect. If at the time of annexation the newly annexed land is subject to a valid zoning ordinance duly imposed by a properly authorized governmental subdivision of the state, upon annexation such annexed land shall remain subject to the zoning regulations in effect prior to annexation until such time as the city shall adopt zoning regulations for the annexed territory.

(c)

The public hearing for a to adopt zoning regulations for the annexed territory may be held simultaneously with the public hearing for annexation or as soon thereafter as deemed appropriate.