Wildwood City Zoning Code
SECTION 415
560 Procedure For Amending The Zoning Ordinance.
[R.O. 1997 § 415.560; Ord. No. 1324 App. A § 1003.300, 8-14-2006; Ord. No. 2399, 10-8-2018]
A.
Scope Of Provisions. This Section contains procedures for amending this Chapter, zoning district boundaries and classifications of property or such other applications requiring use of these procedures.
B.
Petition For Change Of Zoning District Boundary Or Regulations For Property.
1.
Petitions for any change of zoning district boundaries, any reclassification or amendment of district regulations applicable to any one (1) or more properties, as shown on the Zoning District Maps, shall be addressed to the City Council and filed with the Director of Planning in the office of the City of Wildwood Planning Commission upon forms prescribed for that purpose by the Commission and accompanied by such data and information so as to assure the fullest practicable presentation of facts. At the time the petition is filed, the fees established by this Chapter shall be paid to the City of Wildwood.
2.
Each such petition, other than those initiated by the Planning Commission or the City Council, shall be verified by all deed owners or contractual owners of property within the area proposed to be changed attesting to the truth and correctness of all facts and information presented therein. If petitioners are contract owners, a complete copy of the contract creating such interest shall be included with the petition
3.
The Planning Department shall, within thirty (30) calendar days of receipt of any petition for rezoning or special procedure permit accompanied by the appropriate filing fees, notify in writing all parties of interest as named in the petition, including the project engineer, architect and developer, as applicable, either that the petition is certified as meeting all pertinent requirements and will be scheduled for hearing by a specified date or specifically in what manner the petition does not comply with minimum petition submission requirements. If the Department does not respond in writing within thirty (30) days, the petition shall be deemed accepted and shall be scheduled for public hearing before the Planning Commission within the period established by the applicable provisions of this Chapter. If the petition has determined not to comply with minimum petition requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within thirty (30) days from receipt of the Department's letter. If the deficiencies are not corrected within the thirty-day period, the Department shall return the petition to the petitioner and recommend to the City Council that the filing fees be refunded.
C.
Director Of Planning Report — Planning Commission Recommendation.
1.
Upon filing with the Director of Planning a completed petition to amend, supplement or change the regulations, zoning district boundaries or classification of property now or hereafter established or upon initiation of a resolution of intention by the Planning Commission or the City Council, a public hearing shall be set before the Planning Commission within ninety (90) days. To effectuate proper notice for this hearing, the Director of Planning shall:
a.
Cause public notice of hearing to be given as follows: publication at least once in some daily, tri-weekly, semi-weekly or weekly newspaper of general circulation in the City of Wildwood which shall have been published regularly and consecutively for a period of three (3) years. Publication shall commence not less than fifteen (15) days before the hearing date, but may also be advertised up to twenty-one (21) days in advance of that time. Every affidavit of proof of publication shall state that said publication and the newspaper in which notice was published have met the requirements of the foregoing provisions and those of Chapter 493, RSMo., as amended, governing legal publications, notice and advertisement. Notice shall contain, in addition to a description of the parcel of land, the approximate street location or address, when possible, the name of the person seeking the zoning change and the present zoning district classification and the zoning district classification sought. Additional information may be provided at the discretion of the Director of Planning to ensure that sufficient information exists within the notice of the planned action being considered that any resident has a minimum understanding of its nature.
b.
Cause a sign or signs, not less than twenty (20) inches by twenty-six (26) inches, to be placed on each parcel of land on which an application for a zoning district change has been filed with the Planning Commission. Said sign or signs shall be placed on such land at least fifteen (15) days, but no greater than twenty-one (21) days, prior to the public hearing to be held by the Planning Commission and shall be posted in a conspicuous place upon said 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 Director of Planning shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Chapter. Any such sign shall provide, in a legible font and size, the information necessary for its reader to have a description of the parcel of land, the approximate street location or address, when possible, the name of the person seeking the zoning change, the present zoning district classification and the zoning district classification being sought, and the proposed use of the site, along with contact information of the City, including its website address and other applicable media outlets. The Planning Director may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such a zoning change pending before the Planning Commission. No failure to fully comply with this provision shall invalidate any subsequent approval or action of the City Council on such application.
(1)
Penalty for removal or replacement of signs. Any person or persons, firm, association or corporation who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a violation of this Chapter and upon conviction shall be punished as provided for in Section 415.570 of this Chapter.
c.
Provide a mailed notice of the public hearing and item(s) to be considered to abutting and adjacent property owners, utilizing St. Louis County Department of Revenue Tax Records for addresses, within a radius of no less than three thousand (3,000) feet or greater than five thousand (5,000) feet. Determination of the required radius shall be at the discretion of the Department of Planning and/or the Planning and Zoning Commission, and be based upon an assessment by party or parties of the relative number of impacted properties and the calculated consequences upon the overall area. No failure to fully comply with this provision shall invalidate any subsequent approval or action of the City Council on such application.
2.
The Planning Commission may recommend 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 Planning Commission may recommend 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 "C-8" Planned Commercial District in the "C" district classification and the "M-3" Planned Industrial District in the "M" district classification when a petitioner proposed a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the "C-8" and "M-3" rezoning procedures respectively.
3.
The Director of Planning shall submit a written or oral report to the Planning Commission prior to the forwarding of a decision or recommendation by the Planning Commission to the City Council.
D.
Council Hearing And Decision.
1.
Council Hearing — Notice Of Hearing Before Council. All requirements of Subsection (C) of this Section pertaining to notice of hearings shall be followed prior to any hearing before the Council required by this Section.
2.
If a bill granting or denying the application is not introduced in the City Council within ninety (90) days after a report thereon by the Planning and Zoning Commission is received by the City Council at a regular meeting, it shall be deemed denied unless extended by resolution of the City Council during the ninety (90) day period.
3.
Council may approve, deny, modify or refer the matter for further consideration.
E.
Text Amendments And Minor Changes. Notice for any hearing by the Planning Commission or City Council for consideration of only a text amendment to the zoning regulations or a minor change to site-specific zoning district regulations may be limited to newspaper publication pursuant to Subsection (C)(1)(a) of this Section. For the purposes of this Section, a "minor change" shall be recognized where the Director of Planning finds that the change is consistent with the purpose and content of the current zoning ordinance as originally advertised for a public hearing.
F.
Withdrawal. If a petition submitted in accordance with Section 415.560 is denied, no subsequent application requesting the same change, amendment or reclassification with reference to the same property or part thereof, shall be submitted to the City's Department of Planning within twelve (12) months from the date of receipt and filing by the City Council of the Planning and Zoning Commission's report on said matter. Any request for withdrawal of a legally filed application for amendment or supplement to this Chapter may be denied, approved with prejudice or approved without prejudice by the Planning Commission.
G.
Effect Of Denial. If an application for the amendment, supplement or change of any property is denied, no subsequent application requesting the same classification or conditional use permit of or with reference to the same property or part thereof shall be filed with the Department of Planning within twelve (12) months from the date of the receipt and filing by the City Council of the Planning and Zoning Commission's report on the application. No ordinance relating to zoning or special procedure which is denied by a majority of the members of the Planning and Zoning Commission shall be adopted by the City Council, except by an affirmative vote of two-thirds (2/3) of the members of the City Council. No provision herein shall be construed to prevent the City Council from initiating the procedure provided in this Section by a resolution of intention at any time.
H.
Failure To Follow Procedures. Failure to follow procedures required under this Section shall not invalidate any action or decision by the Planning Commission, Director of Planning or the City Council unless such invalidation is required by law.