§ 360. Procedure for Amending the Zoning Ordinance.

1.

Scope of provisions. This section contains procedures for amending this Zoning Ordinance, zoning district boundaries or classification of property. Included are regulations for the filing of petitions, required public hearing notices, and powers of the Planning and Zoning Commission and the City Council in revising requested changes.

2.

Changes. Whenever the public necessity, convenience, general welfare and good zoning practice require, the City Council may, after a public hearing and report thereon by the Planning and Zoning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, zoning district boundaries or classification of property now or hereafter established by this Zoning Ordinance. The Planning and Zoning Commission may hold a public hearing on a petition for a change of zoning to an "R" Residence District, and a petition for a planned environment unit permit at the same public hearing and on the same parcel of land, and make recommendations thereon. The Planning and Zoning Commission may hold a public hearing on a petition for a change of zoning and a petition for a conditional use permit or a commercial-industrial designed development, at the same public hearing and on the same parcel of land, and make recommendations thereon. Amendment, supplement, reclassification or change may be initiated by a resolution of intention by the Planning and Zoning Commission or the City Council, or by a verified application of one (1) or more of the owners or authorized representatives of the owners of property within the area proposed to be changed. 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 Director of Public Works 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. 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. No ordinance relating to zoning or special procedure which is contrary to a recommendation of 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 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.

3.

Petition for change of zoning.

(1)

Petitions for any change of zoning district boundaries or any reclassification of districts, as shown on the zoning district maps, shall be addressed to the City Council and filed with the Director of Public Works in the Office of the Department of Public Works, upon forms prescribed for that purpose by the Planning and Zoning 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 ordinance shall be paid to the City.

(2)

Each such petition, other than those initiated by the Planning and Zoning Commission or the City Council, shall be verified by at least one (1) of the owners or authorized representatives of the owners of property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented therein.

(3)

The Director of Public Works 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 Director of Public Works does not respond in writing within thirty (30) days, the petition shall be deemed accepted and shall be scheduled for public hearing within the period established by the applicable provisions of this Zoning Ordinance. If the petition has been 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 Director of Public Work's letter. If the deficiencies are not corrected within the fifteen (15) day period, the Director of Public Works shall return the petition to the petitioner and recommend to the City Council that the filing fees be refunded.

4.

Hearing date-Notice-Posting of notice. Upon filing with the Director of Public Works a 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 and Zoning Commission or the City Council, a public hearing shall be set before the Planning and Zoning Commission within sixty (60) days. The Director of Public Works shall:

(1)

Cause public notice of hearing to be given as follows: publication at least once in some daily, triweekly, semiweekly, or weekly newspaper of general circulation in the City which shall have been published regularly and consecutively for a period of three (3) years. Publication shall commence not more than thirty (30) nor less than fifteen (15) days before the hearing date. Every affidavit of proof of publication shall state that said publication and the newspaper in which notice was published has met the requirements of the foregoing provisions and those of RSMo Chapter 493, as amended, governing legal publications, notice and advertisement. Notice shall contain, in addition to the legal 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.

(2)

Cause a copy of the notice as it appears in the newspaper to be posted on each parcel of land on which an application for a zoning district change or a special procedure permit has been filed with the Planning and Zoning Commission. Said notice shall be placed on such land not more than thirty (30) days or less than fifteen (15) days prior to the public hearing to be held by the Planning and Zoning 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.

5.

Penalty for removal or defacement 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 ordinance and upon conviction shall be punished as provided for in Section 370 of this Zoning Ordinance.

6.

Notice required. Amendments to the Zoning Ordinance that are of a general nature, and not pertaining to a specific property as in the case of a change in the boundaries of a zoning district, shall require publication of notice at least once in some daily, triweekly, semiweekly, or weekly newspaper of general circulation in the City which shall have been admitted to the post office as second class matter and shall have been published regularly and consecutively for a period of three (3) years. Publication shall commence not more than thirty (30) nor less than fifteen (15) days before the hearing date. Every affidavit of proof of publication shall state that said publication and the newspaper in which notice was published has met the requirements of the foregoing provisions and those of RSMo Chapter 493, as amended, governing legal publications, notice and advertisement. Public notice for such general amendments shall not require posting of any signs. It shall not be necessary to publish notice or hold public hearings on amendments to this Zoning Ordinance pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions, and bureaus in carrying out the regulations of this Zoning Ordinance.

7.

Additional notice. The Director of Public Works shall, not less than twenty (20) days before the date of hearing before the Planning and Zoning Commission of a petition for a change in zoning district boundaries, conditional use permit, special procedure, or any other matter pertaining to specific property for which a public hearing is required by this Zoning Ordinance, furnish a copy of the notice of a proposed zoning change to all triweekly, semiweekly or weekly newspapers printed, circulated or distributed within the City Council district wherein the property proposed to be rezoned is located. Not less than eighteen (18) days before the date of hearing before the Planning and Zoning Commission, the Director of Public Works shall furnish a copy of the hearing notice to the St. Louis County Department of Highways and Traffic, City Park and Recreation Board, the Missouri State Highway Commission and the Metropolitan St. Louis Sewer District. Each Commission/Board/Department so notified may provide its written comments to the Director of Public Works not less than twelve (12) days prior to the public hearing.

8.

Report by Director of Public Works. The Director of Public Works shall submit a written or oral report to the Planning and Zoning Commission prior to the forwarding of a decision or recommendation by the Planning and Zoning Commission to the City Council.

9.

Approval of rezoning portion of property. The Planning and Zoning 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 City Council may enact by ordinance such a partial granting of a petition for a change in zoning district classification.

10.

Approval of different classification. The Planning and Zoning Commission may recommend and the City Council 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 "C-8" Planned Commercial District 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" rezoning procedures respectively.

11.

Withdrawal. Any request for withdrawal of a legally filed application for amendment or supplement to the St. Louis County Zoning Ordinance may be denied, approved with prejudice, or approved without prejudice by the Planning and Zoning Commission.

(Ord. No. 863, §§ 1, 2, 5-17-05)