St Paul City Zoning Code
ARTICLE 3
CHANGES AND AMENDMENTS
§ 3-1 Declaration of Policy.
The Council declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except;
to correct a manifest error in the regulations or map; |
to recognize substantial changed or changing conditions or circumstances in a particular locality; or |
to recognize substantial changes in technology, the style of living, or manner of doing business. |
Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in the preamble of these regulations.
(Ordinance 130D, sec. 3-1, adopted 12/8/14)
§ 3-2 Authority to Amend.
The Council from time to time, after receiving a final report thereon by the Commission and after public hearings required by law, may amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement, or change may be ordered for consideration by the Council, be initiated by the Commission, or be requested by proposal of the owner of the property or by a person holding a lease on the property with the consent of its owner. The Commission on its own motion or on request of Council may initiate consideration of a change in any district boundary or zoning regulation whenever it finds that public benefit will derive from consideration of such matter.
(Ordinance 130D, sec. 3-2, adopted 12/8/14)
§ 3-3 Procedure.
Proposal Required. Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in Section 1-2, Interpretations and Purposes.
Commission Consideration:
Public Hearing and Notices. Prior to making its report to the Council, the Commission shall hold at least one public hearing thereon. Before the tenth day before the hearing date, written notice of each public hearing before the zoning commission on a proposed change in a zoning classification or zoning district boundaries shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Notice of hearings on proposed changes in zoning regulations shall be accomplished by one publication not less than fifteen (15) days prior to the public hearing in the official paper of the Town of Saint Paul. |
Commission Report. The Commission, after the public hearing is closed, shall prepare its final report and recommendations on the proposed change stating its findings and evaluation of the request and of the relationship of the request to the Town Plan at such time as the Town Plan has been adopted by Council. The Commission may defer its final report for not more than ninety (90) days until it has had opportunity to consider other proposed changes, which may have a direct bearing thereon. In making its determination, the Commission shall consider the following factors: |
whether the uses permitted by the proposed change would be appropriate in the area concerned; |
whether adequate public school facilities and other public services (water, etc.) exist or can be provided to serve the needs of additional structures likely to be constructed as a result of such change and the consequences of such change; |
how other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also. |
Council Consideration: Every proposal, upon final report of the Commission, shall be forwarded to the Council. When the Commission gives its recommendation that a proposal should be denied, it shall so report and recommend to the Council. Upon receipt of a final report on a proposal, the Council shall schedule its own hearing on the original proposal and recommendation and give appropriate notice.
Appeal Procedure: An appeal from the decision of the Commission recommending denial may be taken whenever any applicant desires to do so. The aggrieved party shall reduce to writing his appeal and file it with the Town Secretary and Commission within thirty (30) days following the Commission action recommending denial. The Town Secretary shall forward the appeal to the Town Council with the regular report of Commission action.
Council Hearing and Notice. The Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the Council, after public hearing and recommendation by the Commission. Notice of the Council hearing shall be given by publication before the fifteenth day before the date of the hearing of notice of the time and place of the hearing in the official newspaper of the Town.
Negative Recommendations and Written Protest. An amendment, supplement, or change shall not become effective except by favorable vote of three-fourths (3/4) of all members of the Council, if:
Written and signed protest is filed by at least 20% of the owners of either: |
* The area of the lots or land included in the area of the proposed change: or |
* The area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred feet (200’) from that area. |
In computing the percentage of land area within 200 feet of the area covered by the proposed change, the area of streets and alleys shall be included. |
Protests signed by property owners may be filed prior to or at one of the public hearings conducted by either the Commission or the Council. Written protests filed with the Commission shall be forwarded to the Council with the Commission's recommendation on the request. |
(Ordinance 130D, sec. 3-3, adopted 12/8/14)
§ 3-4 Limitation on Reapplication.
When the Town Council has denied a proposal, or when the applicant has withdrawn his proposal at the Commission meeting thereon, no new applications of like nature shall be accepted by the Town or scheduled for hearing by the Commission within a period of twelve (12) months of the date of the Council denial or applicant's withdrawal. Provided, however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the Town Council may waive the mandatory delay period and authorize the acceptance of a new application.
(Ordinance 130D, sec. 3-4, adopted 12/8/14)