St Robert City Zoning Code
CHAPTER 422
Amendments to Land Development Regulations
Section 422.001 Amendments in General.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
The Board of Aldermen may from time to time amend, supplement or change the district boundaries or criteria and guidelines contained in this Title. Proposals for amendments to the text of this Title or to the Zoning Map, including zoning district boundaries or classification of property, may be made in accordance with the provisions of this Chapter.
Section 422.003 Initiation of Amendments.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
Any person, firm or corporation, owning in fee simple real property within the City, may petition the Board to amend, change, modify, supplement or repeal the zoning district regulations and restrictions as established in this Chapter pertaining to such real property; provided that such applicant shall specify the tract of land for which amendment, change, modification, supplement or restriction is sought, along with a specification of the zoning category which the applicant is seeking. No petition shall be presented, nor considered, which presents amendments, changes, modifications, supplements or restrictions to zoning categories in the alternative with respect to any lot, tract or parcel of land.
1.
No petition to amend the Zoning District Map will be accepted if it is the same or substantially the same as a petition submitted within the previous twelve (12) months and which was denied by the Board of Aldermen or withdrawn by the applicant after a negative recommendation from the Planning and Zoning Commission. The Board of Aldermen, at its discretion, may authorize a resubmittal within the twelve (12) month period after reviewing a written request from the applicant, which provides justification for the early resubmittal.
2.
Nothing herein shall be construed to limit the power of the Board to itself amend any petition after compliance with applicable statutory notice provisions to vary the zoning classification requested or to amend the land area of the lot, tract or parcel when such petition is before the Board in the form of an ordinance to accomplish the petition for amendment, change, modification, supplement or restriction or to grant the petition's requests in whole or in part; provided, that any such amendment shall be considered substantive.
3.
Nothing herein shall be construed to prevent an applicant from combining separate requests for amendment, change, modification, supplement or restriction for separate lots, tracts or parcels in common ownership in one (1) petition, so long as no amendments, changes, modifications, supplements or restrictions are presented in the alternative.
B.
Such petition shall be on a form to be supplied by the Land Use Administrator and filed with the Land Use Administrator. Such petitions shall be directed in the first (1st) instance to the Planning and Zoning Commission. The Land Use Administrator shall review the petition to determine technical compliance with the terms and conditions of this Chapter and if the petition and its supporting documents are found not to comply with the requirements of this Chapter, the same shall be returned to the applicant for correction. At all times during the amendment process, however, the burden of supplying complete and accurate information contained in the petition for amendment and its supporting documents shall remain on the applicant.
C.
The petition shall contain an accurate legal description of the real property to be affected, the appropriate official street number and name for such property, the book and page numbers recording the latest deed to property, the existing zoning district, the requested zoning district or amendment, supplement, change, modification or repeal of the Chapter, the reason or reasons why such supplement, change, modification or repeal is requested and shall be signed by one (1) of the owners or his attorney. The petition shall be accompanied by a map clearly showing the affected property. Also, the petition shall list the names and addresses of the owners of all land within lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the land proposed to be rezoned. The petition shall also list the addresses of all residences (including apartments and manufactured homes) within the boundaries of the land proposed to be rezoned. The petition shall also be accompanied by a check or money order made payable to the City of St. Robert in the amount of sixty-five dollars ($65.00) to cover all costs of advertisements of public hearing.
D.
After determining that the petition and its supporting documents are in compliance with the requirements of this Chapter, the Land Use Administrator shall set a date for a public hearing before the Commission at the next regular meeting of the Commission. Any omissions from the requirements of Subsection (C) will delay scheduling the request. The Land Use Administrator shall cause a notice of the public hearing on the subject matter of the petition to be published in a newspaper of general circulation within the City and such public hearing shall not be held within a time earlier than fifteen (15) days from and after the date of publication.
1.
The notice of public hearing shall contain an address or description of the general location of the real property to be affected.
2.
The Land Use Administrator shall send, by first class mail, notice of the public hearing before the Commission on the proposed amendment to the addresses of the residences of the land to be rezoned and to the owners of all land within lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the land proposed to be rezoned. The failure of any resident or property owner to receive such notice shall not affect the validity of any ordinance rezoning land.
3.
The Land Use Administrator shall forward copies of the application and supporting documents to any administrative departments affected by the requested amendment, supplement, change, modification or repeal. The various administrative departments shall, within ten (10) days of receipt of such petition and supporting papers, forward their recommendations to the Land Use Administrator.
Section 422.005 Commission Consideration of Proposed Amendment.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The Commission shall review and consider all applications for a change of zoning district in an open public hearing. At these meetings both those in favor and those opposed to the proposed rezoning shall be given an opportunity to be heard. The "open public hearing" may be any regular or special meeting of the Commission at which consideration of the proposed rezoning is included upon the agenda for that meeting. Notice of the "open public hearing" shall be provided to the parties of interest as described in Section 422.003.
B.
If the Commission makes no report to the Board of Aldermen within sixty (60) days of the meeting at which the complete application for the zoning amendment was reviewed by the Commission, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.
C.
The Commission shall make findings of fact and shall submit its findings together with its recommendations, in writing, to the Board of Aldermen. 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:
1.
The relation of the proposed amendment to the goals and objectives of the City's Comprehensive Plan.
2.
The effect of the proposed amendment upon the existing uses of land within the general area of the subject property.
3.
The impact the change would have on the neighborhood and the suitability of the character of the property to the uses permitted under the existing and proposed zoning classifications.
4.
The trend of development in the general area of the affected property, including any other changes which have taken place in its zoning classification.
D.
The Planning and Zoning Commission may recommend to the Board of Aldermen that a application for a change of zoning district classification be approved or denied for all or part of the property described in the application.
E.
The Planning and Zoning Commission may recommend to the Board of Aldermen a zoning district classification other than that requested in the application, provided that the recommendation is for a district classification of the same use type as that requested by the petitioner.
Section 422.007 Board of Aldermen Consideration.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The Board of Aldermen shall not schedule a public hearing with regard to, nor act upon a proposed amendment to, this Title until it shall have received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment. If the Commission makes no report to the Board of Aldermen within sixty (60) days of the meeting at which the complete application for the zoning amendment was reviewed by the Commission, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.
B.
After the recommendations and report of the Commission have been filed with the Board of Aldermen, the Board of Aldermen shall, before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing on the matter in accordance with the provisions of Section 422.011 (Hearing Required — Public Notice).
C.
At the conclusion of the public hearing on a proposed amendment, the Board of Aldermen may proceed to vote on the proposed ordinance, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. If the proposed amendment should be denied by the Board of Aldermen, then the applicant shall be governed by the requirements set forth in Section 422.003(A) of this Chapter.
D.
The Board of Aldermen may, by ordinance, approve or deny an application for a change in zoning district classification for all or part of the property described in the application.
E.
The Board of Aldermen may enact by ordinance a zoning district classification other than that requested in the application, provided that the ordinance is for a district classification of the same use type as that requested by the petitioner.
F.
If the report by the Commission recommends the proposed amendment be denied or otherwise submits a negative recommendation, the amendment shall become effective only by the favorable vote of two-thirds (2/3) of all members of the Board of Aldermen.
Section 422.009 Ultimate Issue Before Board of Aldermen on Amendments.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
In deciding whether to adopt a proposed amendment to this Title, the central issue before the Board of Aldermen is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant and all information related to other issues at the public hearing may be declared irrelevant by the Mayor and excluded. In particular, when considering amendments to the Zoning Map:
1.
The Board of Aldermen shall not consider any representations made by the petitioner that if the change is granted, the rezoned property will be used for only one (1) of the possible range of uses permitted in the requested classification. Rather, the Board of Aldermen shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.
2.
The Board of Aldermen shall not regard as controlling any advantages or disadvantages to the individual requesting the change but shall consider the impact of the proposed change on the public at large.
Section 422.011 Hearing Required - Public Notice.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
The Board of Aldermen may not adopt any ordinance that amends any of the provisions of these regulations nor grant a change of zoning district until a public hearing has been held on such ordinance.
B.
The Land Use Administrator shall cause public notice of the hearing to be published at least once in a newspaper of general circulation in the City of St. Robert. Notification shall commence not less than fifteen (15) days before the hearing date. The notice shall include the date, time and place of the hearing and state that the full text of any proposed amendment to these regulations may be obtained from the City Clerk.
C.
The Board of Aldermen shall hold a public hearing on an application for a change of zoning during the first (1st) regularly scheduled monthly meeting of the Board. The Board of Aldermen shall consider final approval of the application during the second (2nd) monthly meeting of the Board or on a later date as determined by the Board of Aldermen.
Section 422.013 Protests to Zoning District Changes.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A.
If a protest against such change, as described in the preceding Sections, shall be presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of 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 distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by a two-thirds (2/3) vote of the Board.
B.
Protest petitions must be filed with the City Clerk no later than 5:00 P.M. on the tenth (10th) day preceding the Board's original hearing on the proposed amendment.