[R.O. 2009 § 410.540; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 1), 7-31-1980]
A. 
Authority. The Governing Body of the City of Bolivar may, by ordinance, amend, supplement, change, modify or repeal these regulations and the district boundaries. No such amendment or change shall be adopted by the Governing Body until the Planning Commission has held a public hearing and submitted its recommendation.
B. 
Proposal Of Amendments. Amendments may be initiated by the Governing Body, the Planning Commission or in the case of a map change, upon application by the owners of the property affected.
C. 
Applications. When the owner of the property affected initiates an amendment to the regulations or the district boundaries, an application for such amendment shall be obtained from the Secretary of the Planning Commission. Said application shall be completed in its entirety and filed with the Secretary of the Planning Commission so that a public hearing date can be established.
D. 
Certified Ownership List. The application for an amendment shall be accompanied by an ownership list either certified by a registered abstractor or compiled by the applicant from County records listing the legal description and name and address of the owners of all property located within one hundred eighty-five (185) feet of the boundaries of the property for which the zoning change is requested.
E. 
Disposition Of Amendment Proposals. Upon receipt of a proposed amendment from the Governing Body or an application for an amendment from the owner of the property affected, the Planning Commission shall hold a public hearing on the proposed amendment and forward to the Governing Body its findings and recommendations with respect to the proposed amendment.
[R.O. 2009 § 410.550; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 2), 7-31-1980]
A. 
Public Hearing. The Planning Commission shall hold a public hearing on each proposed amendment that is referred to, filed with or initiated by it. The Planning Commission shall select a reasonable hour and place for such public hearing and it shall hold such hearing within sixty (60) days from the date on which the proposed amendment is referred to, filed with or initiated by it. An application for an amendment may waive the requirement that such hearing be held within sixty (60) days.
B. 
Notice Of Hearing. Public notice of a hearing on a proposed amendment shall be published once in a newspaper of general circulation in the City and at least fifteen (15) days shall elapse between the date of the publication and the date set for such hearing. Such notice shall state the date, time and place of the hearing and shall contain a statement regarding the proposed change in regulations or restrictions or the zoning classification or zoning district boundaries of the property. If the proposed amendment would change the zoning classification of any property or the boundaries of any zoning district, such notice shall contain the legal description and street address or general street location of such property, its present zoning classification and the proposed classification. When a proposed amendment will affect the zoning classification of specific property, the City shall mail a written notice of the public hearing thereon, return receipt requested, containing the same information as the published notice thereof to the owners of all property within one hundred eighty-five (185) feet of the boundaries thereof at least fifteen (15) days prior to the date of such hearing. The Planning Commission may give such additional notice to other persons as it may from time to time provide by its rules. Prior to the date of the public hearing, the applicant shall prepare a list of those owners acknowledging the receipt of the notice of public hearing and submit said list to the Secretary of the Planning Commission.
C. 
Conduct Of Hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Planning Commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The Planning Commission may request a report on any proposed amendment from any governmental official or agency or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the Planning Commission at least three (3) days before the date set for the public hearing.
[R.O. 2009 § 410.560; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 3), 7-31-1980]
A. 
Recommendations. Upon the conclusion of the public hearing, the Planning Commission shall prepare and adopt its recommendations and shall submit the same, together with a record of the hearing thereon, to the Governing Body. Said recommendations may be for approval, disapproval or approval in part and reasons for the recommendation shall be included.
B. 
Amendments To Text. When a proposed amendment would result in a change in the text of these regulations but would not result in a change of zoning classification of any specific property, the recommendation of the Planning Commission shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:
1. 
Whether such change is consistent with the intent and purpose of these regulations;
2. 
The areas which are most likely to be directly affected by such change and in what way they will be affected; and
3. 
Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and zoning districts affected or in the area of jurisdiction of such changed or changing conditions.
C. 
Amendments To Change Zoning Districts. When a proposed amendment would result in a change of the zoning classification of any specific property, the report of the Planning Commission shall contain statements as to the present classification, the classification under the proposed amendment and character of the neighborhood, the zoning and land uses of the properties nearby and findings to the following:
1. 
Whether the change in classification would be consistent with the intent and purpose of these regulations, with the City's adopted Comprehensive Plan and other adopted City policies, programs, ordinances, rules and regulations.
2. 
Whether every use that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the immediate vicinity; and whether the subject property is suitable for the uses to which it has been restricted.
3. 
Whether adequate sewer and water facilities and all other needed public services exist or can be provided to serve the uses that would be permitted on the property if it were reclassified.
4. 
Whether the proposed amendment would correct an error in the application of these regulations.
5. 
Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected and, if so, the nature of such changed or changing conditions; and whether the proposed amendment provides a disproportionately greater loss to the individual landowners relative to the public gain.
[R.O. 2009 § 410.570; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 4), 7-31-1980]
A. 
Adoption Of The Amendments. The Governing Body shall consider the request at their next regular meeting. Upon the receipt of the recommendation of the Planning Commission and any protest petitions that have been submitted, the Governing Body shall consider the application and may approve the recommendations of the Planning Commission or take whatever action it deems necessary.
If a proposed amendment is not acted upon by the Governing Body within one hundred twenty (120) days after the recommendation of the Planning Commission is submitted to it, such proposed amendment shall be deemed to have been defeated and denied, unless the applicant for such amendment shall have consented to an extension of such period of time. Whenever a proposed amendment is defeated, either by vote of the Governing Body or by reason of the operation of this Section, said amendment shall not thereafter be passed without a further public hearing and notice thereof as provided in this Article.
B. 
Protest. If a written protest against amendment shall be filed in the office of the City Clerk within three (3) days after the date of the conclusion of the hearing on a proposed amendment, which protest is duly signed and acknowledged by the owners of ten percent (10%) or more of the property proposed to be rezoned or by the owners of ten percent (10%) or more of the total area, exclusive of streets and alleys, which is located within one hundred eighty-five (185) feet of the boundaries of the property proposed to the rezoned, then such proposed amendment shall not be passed except by a two-thirds (2/3) vote of the Governing Body.
C. 
Approved Action. If the Governing Body approves an application, it shall adopt an ordinance to that effect.
If the official Zoning Map has been adopted by reference, the amending ordinance shall define the change or boundary as amended, shall order the official Zoning Map to be changed to reflect such amendment and shall amend the Section of the regulation incorporating the same and shall reincorporate such map as amended.
[R.O. 2009 § 410.580; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 5), 7-31-1980]
For the purpose of wholly or partially defraying the costs of the amendment proceedings, including publication costs, a fee as set by the City from time to time shall be paid upon the filing of each application for a change of district boundaries or classifications.