[R.O. 2012 §405.850]
This Section contains procedures for amending this Chapter,
zoning district boundaries or classification of property. Included
are regulations for the filing of petitions and required public hearing
notices in reviewing requested changes.
[R.O. 2012 §405.860; Ord. No. 3200 §1, 2-12-2007]
A.
The
Board of Aldermen may, from time to time, on its own motion, or on
petition, amend, supplement, change, modify, or repeal by ordinance
the boundaries of districts or regulations, or restrictions established.
Any proposed amendment, supplement, change, modification, or repeal
of these zoning provisions shall first be submitted to the Planning
and Zoning Commission 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, for
its recommendations and report. If the Commission makes no report
within sixty (60) days, it shall be considered to have made a report
approving the proposed amendment, supplement, modification, or change.
Upon the filing of the recommendations and report by the Commission
with respect to any proposed amendment, supplement, change, modification,
or repeal, the Board of Aldermen shall proceed to hold a public hearing
in relation thereto, giving at least fifteen (15) days' notice of
the time and place of such hearing, which notice shall first be published
in a newspaper having a general circulation in the City of Union.
The Zoning Enforcement Official or his designated representative shall
post a notice of public hearing in a conspicuous place on said property
at least 15 days prior to said hearing on each side of a property
fronting on a street or highway. In addition, notice shall be sent
by registered mail to all property owners within three hundred (300)
feet of the property proposed to be rezoned.
[Ord. No. 4016 §1, 5-9-2016]
B.
If
a protest against such change, modification, or repeal was presented
in writing to the City Clerk duly signed and acknowledged by the owners
of thirty percent (30%) or more, either of the area of the land (exclusive
of streets, and alleys), included within such proposed change, or
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 amendment shall not become effective
except by the favorable vote of two-thirds (2/3) of all the members
of the Board of Aldermen.
C.
The
party or parties other than the Board of Aldermen proposing or recommending
a change in the district regulations or district boundaries or requesting
a rezoning shall deposit five hundred dollars ($500.00) with the City
Clerk at the time the application is submitted and shall be provided
a receipt therefore. All deposits received hereunder shall be paid
over to the credit of the General Revenue Fund of the City of Union.
The deposit shall be used for all expenses associated with the proposed
rezoning or regulation change to specifically include, but not necessarily
limited to, all costs for notice and publication, staff time associated
with processing the request, postage for any recording of any documents
and all mailings required and any other expenses pertaining directly
thereto. Any balance remaining after deducting for all expenses shall
be refunded to the party or parties who made the deposit. In the event
the expenses associated with the application are more than the deposit,
the City Clerk shall cause a statement for the balance to be sent
to the applicant for immediate payment. The City Clerk shall cause
no action to be taken regarding the decision until the balance has
been paid.
