Zoning Code and Zoning Map Amendments
Zoning Code Text Amendments
Pre-Application Conference
Any company, organization, governmental body or individual with a financial, contractual, or proprietary interest in property which would be affected by the proposed amendment may propose a Zoning Code text amendment. However, their request must first be heard by the City Planner at a pre-application conference. If the City Planner finds that the requested amendment is appropriate, the amendment will be advocated by the City Planner before the Planning Commission. Upon a negative finding, the applicant must submit a letter to, and appear before, the Planning Commission to make their case. To schedule a pre-application conference, contact Planning staff at (314) 291-6550 or via email.
Public Notification
In order to schedule a public hearing, proper public notification is required. The city produces a public notice which includes the date, time, and location of the public hearing, and a description of the requested amendment, which shall be used for notification and publication. The city publishes the notice of public hearing in the newspaper not less than 15 days and not more than 30 days prior to the hearing and obtains proof of such publication.
Public Hearing
The City Planner presents the proposed amendment to the Planning Commission. The Commission may then ask questions or take public comment.
City Planner Review and Findings
Prior to the hearing, or within 30 days following the hearing, the City Planner prepares a report. The report includes a description of the proposed amendment and findings on the burden of proof criteria.
Planning Commission Action
Within 60 days of receipt of the City Planner’s report, the Planning Commission will take action on the Zoning Map Amendment. The Planning Commission may recommend approval of the Zoning Map amendment or may deny the Zoning Map amendment. If the Planning Commission recommends approval, the City Planner shall prepare the appropriate legislation for consideration by the City Council. If the Planning Commission denies the Conditional Use Permit, the applicant has the option of appealing to the City Council within 10 days of the Commission’s decision.
City Council Action
The recommendation of the Planning Commission shall be placed on the next available Council agenda, unless the applicant requests the matter to be deferred to another agenda. The City Council may approve the Zoning Map amendment by a majority vote, approve the amendment with amendments by a two-third majority vote, or deny the request.
Burden of Proof
In assessing the relevance or acceptability of a Zoning Code text amendment application, the burden of proof in justifying the request shall rest with the applicant to clearly establish that the proposed amendment meets the following criteria:
- The proposed amendment is either consistent with, or advances the implementation of the Comprehensive Plan;
- The proposed amendment is consistent with the purposes of the Zoning Code;
- The proposed text ordinance will maintain the internal consistency of the Zoning Code and will not compromise the intent of the section being amended; and
- The proposed text amendment will not compromise or circumvent the intent or design goals of any other section of the Zoning Code.
Zoning Map Amendments
Overview
The Zoning Map amendment process is comprised of these six steps. Read through each of the steps to learn more:1. Pre-Application Conference
The first step in the process is a pre-application conference with the City Planner. The purpose of a pre-application conference is to provide an opportunity for an informal evaluation of the applicant’s proposal and to familiarize the applicant with the applicable provisions of the Zoning Code, the Comprehensive Plan, infrastructure requirements and any other issues that may affect the project.
To schedule a pre-application conference, contact Planning staff at (314) 291-6550 or via email.
2. Application Submittal
Subsequent to the pre-application conference, the applicant submits the required items below (electronic copy preferred, but staff may request paper copies). Within seven days, the applicant will be notified whether or not the submittal is complete for hearing. If the submittal is incomplete, the applicant has thirty days to re-submit or notify the City Planner of a pending re-submittal. Once the application has been deemed complete, a public hearing will be scheduled.
- Application Form. The proper application form will be provided at the pre-application conference.
- Fee. The fee currently established by the City Council for a Zoning Map amendment application is $600.
- Legal Description. A written metes and bounds legal description of the site is required.
- Narrative. The narrative is a written statement that explains how and why the proposed Zoning Map amendment conforms with the Comprehensive plan, and any other specific plan or program officially approved under the guidance of the Comprehensive Plan.
- Boundary Map. A scaled map of the property showing boundaries correlated with the legal description and a location map clearly showing the property's relative location.
- Zoning Map. A map depicting the proposed zone district in relation to all adjacent property within a minimum of 300 feet of the property to be rezoned.
- Existing Land Use Analysis. A narrative analysis of the existing land uses adjoining the property to be rezoned, accompanied by a map of the existing land uses.
3. Public Notification
In order to schedule a public hearing, proper public notification is required.
The City produces a public notice which includes the date, time, and location of the public hearing, a location map identifying the site, the name and address of the applicant or their representative, and a description of the requested zoning procedure, which shall be used for notification and publication. The City publishes the notice of public hearing in the newspaper not less than 15 days and not more than 30 days prior to the hearing and obtains proof of such publication. The City also posts a sign on the site and mails a notice to property owners within 300 feet of the site.
4. Public Hearing
The applicant is required to present the case before the Planning Commission at the hearing, which should include presentation of any supporting materials, an explanation of the development proposal, and justification of the request. In presenting the application, the burden of proof shall rest with the applicant to clearly establish that the request shall meet the burden of proof criteria.
The public hearing can be broken down into several components: First, the City Planner will introduce the application providing an overview of the project location, rezoning request and the planning issues to be addressed at the public hearing. Second, the applicant and/or his consultants will present the proposal for their case. Third, if a traffic analysis was required, the city traffic consultant will present their preliminary findings to the Planning Commission.
Upon completion of the presentation, the Commission Chair will open the hearing for both comments and questions from the public as well as the Planning Commission. See Applicant Presentations for additional guidance on making a presentation to the Planning Commission
5. City Planner Review and Findings
Upon closure of the public hearing, the application is referred back to the City Planner to prepare findings on the requested Zoning Map amendment. These findings must be submitted to the Planning Commission within 30 days of hearing closure. The City Planner’s report typically includes a description and summary of the existing site conditions, adjacent uses and zoning, determination of consistency with the Comprehensive Plan, neighborhood character analysis, review of site design issues and findings on the burden of proof criteria. If the City Planner makes a positive finding, the report will include a draft ordinance for the Planning Commission’s consideration.
6. Planning Commission and City Council Action
Within 60 days of receipt of the City Planner’s report, the Planning Commission will take action on the Zoning Map Amendment. The Planning Commission may recommend approval of the Zoning Map amendment or may deny the Zoning Map amendment. If the Planning Commission recommends approval, the City Planner shall prepare the appropriate legislation for consideration by the City Council. If the Planning Commission denies the Conditional Use Permit, the applicant has the option of appealing to the City Council within 10 days of the Commission’s decision.
The recommendation of the Planning Commission shall be placed on the next available Council agenda, unless the applicant requests the matter to be deferred to another agenda. The City Council may approve the Zoning Map amendment by a majority vote, approve the amendment with amendments by a two-third majority vote or deny the request
