Valley Park City Zoning Code
ARTICLE XII
Amendments
Section 405.900 Requirements.
[Ord. No. 1914 §1(405.700), 5-6-2013]
A.
The Board of Aldermen shall have the authority to amend, supplement, change, modify, or repeal by ordinance the text or map of the zoning ordinance in accordance with the provisions of this Article.
1.
Text amendments. An application for amendment to the written text of this Zoning Code may be filed in the office of the City Clerk for consideration by the Commission and the Board of Aldermen. Such application may be initiated by any member of the Board of Aldermen or the Commission or filed with the City Clerk by any other elected or appointed official of the City.
2.
Rezoning. An application for a change in the zoning district designation as described by the Official Zoning Map may be filed in the office of the City Clerk for consideration by the Commission and the Board of Aldermen. Such application may be filed by the Mayor, any member of the Board of Aldermen, the Planning and Zoning Commission, or the Building Commissioner, by any other appointed or elected official of the City, or by any person with financial, contractual, or proprietary interest in the property to be included in the proposed change of zoning.
Section 405.910 Application and Submission Requirements.
[Ord. No. 1914 §1(405.710), 5-6-2013]
A.
The application shall be made on a form provided by the City Clerk's office. Said application shall be signed by the applicant and shall state name and address, as well as:
1.
Text amendments. An application for an amendment to the text of this Chapter shall set forth the new text to be added and existing text to be deleted.
2.
Rezoning. An application for a Zoning Map change shall include:
a.
A legal description of the property.
b.
A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
c.
The name, phone number and address of the petitioner.
d.
The petitioner's interest in the property, and if the petitioner is not the owner, the name, phone number and address of the owner(s).
e.
Date of filing with the City Clerk.
f.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
g.
The present and proposed zoning.
h.
A complete list of the names and addresses of all property owners within two hundred (200) lineal feet of any point of the property, including those property owners across street rights-of-way and railroad rights-of-way.
B.
An application for either a text amendment or rezoning shall comply with and be in accordance with the format and procedures governing the same as adopted by the Planning and Zoning Commission. In all cases where an application is initiated by a private party, the application shall be accompanied by the fee established by the Board of Aldermen and on file in the office of the City Clerk.
Section 405.920 Hearings Before Public Bodies.
[Ord. No. 1914 §1(405.720), 5-6-2013]
A.
All such applications shall be set down for hearing before the Commission not later than the second (2nd) regular monthly meeting of the Commission from the date of filing the same. Any such hearing may, for good cause at the request of the applicant or in the discretion of the Commission, be continued. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation within the City and cause a sign or signs to be placed on each parcel of land on which an application for a zoning district change has been filed with the Zoning Commission. Such sign or signs shall be placed on such land at least fifteen (15) days prior to the public hearing to be held by the Zoning Commission, and shall be posted in a conspicuous place upon such land at a point nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway. The Building Commissioner shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Section. Such public notice sign shall contain information indicating the date and time of public hearing, zoning change requested, place where the public hearing is to be held and additional information determined necessary to inform the public as to the nature of the pending petition.
1.
The applicant will be responsible for notifying by mail all property owners within the City limits whose property lies within two hundred (200) lineal feet of that which has been requested to be rezoned. Such notice shall be postmarked at least fifteen (15) days prior to the hearing.
2.
Upon the final hearing of such application, the Commission shall approve, conditionally approve, or deny the same and a report of its action, together with a recommendation for final approval or denial, shall be made by the Commission to the Board of Aldermen.
3.
Before acting upon any application for amendment, the Board of Aldermen shall set a time and place for a hearing thereon, and at least fifteen (15) days' notice of the time and place of such hearing shall be published in a paper of general circulation in the City.
B.
The Board of Aldermen may refer the application back to the Planning and Zoning Commission for additional study before final decision; however, no notice other than for the first (1st) public hearing need be given.
Section 405.930 Findings of Fact Required.
[Ord. No. 1914 §1(405.730), 5-6-2013]
A.
In reviewing any petition for a zoning amendment, the Planning and Zoning Commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendations for disposition of the petition, to the Board. The facts to be considered by the Commission shall include, but not be limited to, the following:
1.
How the proposed amendment would conform to the Comprehensive Plan.
2.
Why the existing zone district classification of the property in question is inappropriate or improper.
3.
What major economic, physical, or social changes, if any, have occurred in the vicinity of the property in question that were not anticipated by the Comprehensive Plan and have substantially altered the basic character of the area, which make the proposed amendment to the Zoning District Map appropriate:
Section 405.940 Burden of Proof.
[Ord. No. 1914 §1(405.740), 5-6-2013]
In assessing the relevance or acceptability of a rezoning application, the burden of proof in justifying the request under the criteria outlined in Section 405.930 shall rest with the applicant, both before the Planning and Zoning Commission as well as the Board of Aldermen.
Section 405.950 Approval of Request.
[Ord. No. 1914 §1(405.750), 5-6-2013]
A.
Confirming Planning And Zoning Commission Recommendation. All text and amendments to the Zoning Map, as described herein, shall require only a simple majority vote by the Board of Aldermen in those instances where the recommendation of the Planning and Zoning Commission is in favor of the request.
B.
Overruling Planning And Zoning Commission Recommendation. In those instances where the Planning and Zoning Commission recommends denial of the request, a seventy-five percent (75%) majority vote of the Board of Aldermen shall be required to reverse the recommendation of said Commission.
C.
Citizen Protests. In case a protest against such revision or amendment is presented, duly signed, notarized, and acknowledged by the owners of more than thirty percent (30%) of the areas of the land (exclusive of streets and alleys) included in such proposed change, or thirty percent (30%) of the owners 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 revision or amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the Board of Aldermen.
D.
Approval Of Rezoning Portion Of Property. The Planning Commission may recommend that a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The Board of Aldermen may enact by ordinance such a partial granting of a petition for a change in zoning district classification.
E.
Approval Of Different Classification. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. District classification of the same type as referred to in this Section shall include the "PD" Planned District when a petitioner proposes a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the "PD" rezoning procedures respectively.
Section 405.960 Withdrawal.
[Ord. No. 1914 §1(405.760), 5-6-2013]
Any amendment request, regardless of its source of initiation, may be withdrawn upon receipt of written notice to the Building Commissioner by the applicant from consideration at any point in the approval process, prior to final action on the request by the Board of Aldermen.
Section 405.970 Reapplication.
[Ord. No. 1914 §1(405.770), 5-6-2013]
In the event that any application to amend the Zoning Map is denied on final review by the Board of Aldermen, a reapplication for the purposes of further review of the same application shall not be accepted by the City until six (6) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Planning and Zoning Commission that substantial new evidence not available during review of the original application will be presented.
Section 405.980 Zoning Designations of Newly Annexed Territory.
[Ord. No. 1914 §1(405.780), 5-6-2013]
A newly annexed area will retain the City zoning district equivalent of its County zoning until the City zoning process is completed.