[R.O. 2011 §400.610; Ord. No. 054-87 §XVI, 10-21-1987]
The Board of Alderpersons may by ordinance or on its own motion
or on application amend, supplement, change, modify or repeal the
boundaries or zoning designation of districts herein established,
under the procedures herein provided.
[R.O. 2011 §400.615; Ord. No. 054-87 §XVI, 10-21-1987]
Applications for district changes shall be filed in writing
with the City Clerk, who shall place the application before the Board
of Alderpersons after determining that it is the proper form as provided
herein. All applications, except those proposed by the Board of Alderpersons
or the City Planning and Zoning Commission, shall be accompanied by
a publication fee to be set by the Board of Alderpersons, to be returned
to the applicant only if such publication is not made. A copy of the
application shall remain on file with the City Clerk for public inspection
until final action thereon.
[R.O. 2011 §400.620; Ord. No. 054-87 §XVI, 10-21-1987]
The Board of Alderpersons or the City Planning and Zoning Commission
may provide forms for applications and may require applicants to provide
plats and other documents or other information it may determine to
be of value in acting upon the application. The Board and Planning
and Zoning Commission may request the opinions and recommendations
of other City boards and officers upon application.
[R.O. 2011 §400.625; Ord. No. 054-87 §XVI, 10-21-1987]
Upon receipt of an application in proper form, the Board of
Alderpersons, within forty-five (45) days, shall refer it to the Planning
and Zoning Commission. The Board of Alderpersons may by resolution
delegate the duty of such receipt and referral to the City Clerk.
The Planning and Zoning Commission shall return the application to
the Board of Alderpersons with its recommendations relating thereto
and showing the number of votes for and against its action, and may
include a summary of the reasons expressed for and in opposition thereto,
the Board of Alderpersons may set a date by which the recommendation
shall be returned, no less than twenty (20) days from the date of
such setting, and the Board of Alderpersons may proceed without receipt
of such recommendations in the absence of receipt by such date.
[R.O. 2011 §400.630; Ord. No. 054-87 §XVI, 10-21-1987]
The Board of Alderpersons may reject an application without
referring it to the Planning and Zoning Commission and without publishing
a notice of hearing if the application is made within six (6) months
of the Board's rejection of a previous application seeking an amendment
for the same or larger or smaller tract.
[R.O. 2011 §400.635; Ord. No. 054-87 §XVI, 10-21-1987]
If the Planning and Zoning Commission recommends approval of
an application in whole or in part, the Board of Alderpersons shall
set a public hearing as provided in this Section. If the Planning
and Zoning Commission recommends rejection of an application in full,
the Board of Alderpersons may set a public hearing as provided in
this Section, upon its own motion, or the Board of Alderpersons may
by motion file such recommendation of rejection, and the application
shall thereupon be deemed rejected unless, within ten (10) days from
such filing, the applicant files a written request with the City Clerk
for a public hearing under this Section or makes an oral request therefore
at a regular or special meeting of the Board of Alderpersons, whereupon
the Board of Alderpersons fails to approve an application in whole
or in part within thirty-five (35) days after the public hearing,
such application shall be deemed to have been rejected in full, unless
the Board of Alderpersons shall have expressly extended such time
period prior to the expiration thereof.
[R.O. 2011 §400.640; Ord. No. 054-87 §XVI, 10-21-1987]
The Board of Alderpersons may by ordinance on its own motion
or on application amend, supplement, change, modify or repeal the
regulations or restriction of districts herein established following
referral thereof to the Planning and Zoning Commission as provided
in this Article.
[R.O. 2011 §400.645; Ord. No. 054-87 §XVI, 10-21-1987]
No amendment, supplement, or change of the regulations or restrictions
or boundaries of districts shall become effective until after the
Board of Alderpersons has held a public hearing in relation thereto,
at which parties in interest and citizens shall have an opportunity
to be heard. At least fifteen (15) days notice of the time and place
of such hearing shall be published in a newspaper of general circulation
in the City of Byrnes Mill. The Board of Alderpersons may provide
for the posting of notice of the hearing on the tract and for other
means of notifying the public or interested persons of the proceedings.
[R.O. 2011 §400.650; Ord. No. 054-87 §XVI, 10-21-1987; Ord. No. 436-98, 10-21-1998]
In case of an adverse report by the City Planning and Zoning
Commission or if a protest against such proposed amendment, supplement,
change, modification, or repeal shall be presented in writing to the
City Clerk, duly signed and acknowledged by the owners thirty percent
(30%) or more, either of the area of the land (exclusive of streets,
places and alleys) included within such proposed amendment, supplement,
change, modification or repeal, or within an area determined by lines
drawn parallel to and one hundred eighty-five (185) feet distance
from the boundaries of the district proposed to be changed, such amendment,
supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (2/3) of the members of
the Board of Alderpersons.
[R.O. 2011 §400.655; Ord. No. 054-87 §XVI, 10-21-1987]
In its action upon an application for change in district boundaries, the Board of Alderpersons may grant a special use permit under Article XX, Special Use Regulations, of this Chapter rather than the requested change in district boundaries or may grant the change to a district which is intermediate in restrictiveness between the existing district and the requested district.
