Strafford City Zoning Code
ARTICLE V
Amendments
Section 400.265 Amendments in General.
[Ord. No. 659 §1, 5-2-2011]
Amendments to the text of this Chapter or to the Zoning Map may be made in accordance with the provisions of this Article.
Section 400.270 Initiation of Amendments.
[Ord. No. 659 §1, 5-2-2011]
A.
Whenever a request to amend this Chapter is initiated by the Board of Aldermen, Planning and Zoning Commission, the Board of Adjustment, or City staff, the City Attorney in consultation with the planning staff shall draft an appropriate ordinance and present that ordinance to the Board of Aldermen so that a date for a public hearing may be set.
B.
Any other person may also petition the Board of Aldermen to amend this Chapter. The petition shall be filed at City Hall and shall include among the information deemed relevant by the City Administrator:
1.
The names, addresses, and phone number of the applicant,
2.
A description of the land affected by the amendment if a change in a zoning district classification is proposed,
3.
A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this Chapter.
Section 400.275 Recommendation of Amendments.
[Ord. No. 659 §1, 5-2-2011]
Before being presented to the Board of Aldermen, an application for an amendment to this Chapter or to the Zoning Map shall be referred to the Planning and Zoning Commission for a recommendation. The Planning and Zoning Commission shall base their recommendation on the Strafford Comprehensive Plan and adopted goals, objectives and policies related to community development.
Section 400.280 Hearing Required - Notice.
[Ord. No. 659 §1, 5-2-2011]
A.
No ordinance that amends any of the provisions of this Chapter may be adopted until a public hearing has been held on such ordinance.
B.
The City Administrator shall publish a notice of the public hearing on any ordinance that amends the provisions of this Chapter one (1) time in a paper with local circulation fifteen (15) days prior to the public meeting.
C.
The planning staff shall also post notices of the public hearing in the vicinity of the property to be rezoned by the proposed amendment and take any other action deemed by the planning staff to be useful or appropriate to give notice of the public hearing on any proposed amendment.
D.
The notice required or authorized by this Section shall:
1.
State the date, time and place of the public hearing,
2.
Summarize the nature and character of the proposed change,
3.
If the proposed amendment involves a change in the zoning district classification, reasonably identify the property whose classification would be affected by the amendment,
4.
State that the full text of the amendment can be obtained from the City Clerk, and
5.
State that substantial changes in the proposed amendment may be made following the public hearing.
E.
The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this Section. However, it is the Board of Aldermen's intention that no failure to comply with any of the notice provisions (except those set forth in Subsection (B)) shall render any amendment invalid.
Section 400.285 Board of Aldermen Action On Amendments.
[Ord. No. 659 §1, 5-2-2011]
A.
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.
B.
The Board of Aldermen is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.
Section 400.290 Ultimate Issue Before Board of Aldermen On Amendments.
[Ord. No. 659 §1, 5-2-2011]
A.
In deciding whether to adopt a proposed amendment to this Chapter, the central issue before the Board of Aldermen is whether the proposed amendment advances 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 proposed minor map amendments:
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 400.295 Protests To Zoning District Changes. [1]
[Ord. No. 659 §1, 5-2-2011]
A.
If a petition opposing a change in the zoning classification of any property is filed in accordance with the provisions of this Section, then the proposed amendment may be adopted only by a favorable vote of two-thirds (2/3) of the Board of Aldermen membership.
B.
To trigger the two-thirds (2/3) vote requirement, the petition must:
1.
Be signed by the owners of thirty percent (30%) or more of either:
2.
Be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment.
3.
Be received by the City Clerk in sufficient time to allow the City at least two (2) normal working days before the date established for a public hearing on the proposed amendment to determine the sufficiency and accuracy of the petition.
4.
Be on a form provided by the City Clerk and contain all the information requested on the form.
[1]
State Law Reference — This Section is based upon Section 89.060, RSMo.