[Ord. No. 918 §2, 5-1-2008]
The Board of Aldermen may from time to time in the manner hereinafter
set forth amend the regulations imposed in the districts created by
this Chapter, amend district boundary lines, provided that in all
amendatory orders adopted under the authority of this Section, due
allowance shall be made for existing conditions, the conservation
of property values, the direction of building development to be the
best advantage of the entire community and the uses to which property
devoted at the time of the adoption of such amendatory order.
[Ord. No. 918 §2, 5-1-2008]
A.
This
Chapter shall be amended in the following manner:
1.
Amendments may be proposed by any citizen organization or governmental
body.
2.
An application for an amendment to this Chapter shall be filed with
the Administrative Officer in such form and accompanied by such information
as required by the Administrative Officer. The Administrative Officer,
upon requiring an application for amendment, shall transmit one (1)
copy of such application, along with all pertinent data filed therewith,
to the following agencies and/or legal entities for their review and
written recommendations, protests or comments:
3.
An applicable fee shall be paid to the City of New Haven, Missouri,
for each application for an amendment to cover the costs of advertising
and other administrative expenses involved. The Board of Aldermen,
Planning and Zoning Commission and Board of Adjustment shall be exempt
from this fee.
4.
One (1) letter shall be sent via regular mail by the City to landowners
of record of all property located within two hundred (200) feet of
the property subject to the proposed zoning amendment at least fifteen
(15) days prior to the Planning and Zoning Commission public hearing.
The City shall research the names and addresses of such landowners
and shall be responsible for the mailing of the letters. Said letter
shall include the notice of public hearing to be held before the Planning
and Zoning Commission and Board of Aldermen stating the date, time
and place and the reason for the public hearing.
5.
City initiated "down zonings" shall not be subject to the requirements
of certified letter mailings or other notification by mail. Parcels
which are the subject of "down zonings" shall be posted with a notice
of public hearing.
6.
The property affected by the proposed zoning amendment shall be posted
with a sign indicating the date and time of the public hearing. The
sign shall be posted at least fifteen (15) days in advance of the
public hearing. In addition, signs shall be posted near the entrances
to all adjacent subdivisions and affected subdivisions near the subject
site.
7.
The Board of Aldermen shall hold a public hearing on each application
for an amendment at such time and place as shall be established by
the Board of Aldermen. The hearing shall be conducted and a record
of such proceedings shall be preserved in such manner as the Board
of Aldermen shall by rule prescribe from time to time.
8.
Notice of time and place of such hearing shall be published at least
once in a newspaper of local distribution not less than fifteen (15)
days before such hearing. Supplemental or additional notices may be
published or distributed as the Board of Aldermen may by rule prescribe
from time to time.
9.
The Planning Commission shall make written findings of fact and shall
submit same together with its recommendations to the Board of Aldermen
prior to the public hearing. Where the purpose and effect of the proposed
amendment is to change the zoning classification of particular property,
the Planning Commission shall make findings based upon the evidence
presented to it in each specific case with respect to the following
matters:
a.
Relatedness of the proposed amendment to goals and outlines of the
long-range physical plan of the City of New Haven, Missouri.
b.
Existing uses of property within the general area of the property
in question.
c.
The zoning classification of property within the general area of
the property in question. The suitability of the property in question
to the uses permitted under the existing zoning classification.
d.
The trend of development, if any, in the general area of the property
in question, including changes, if any, which have taken place in
its present zoning classification.
e.
The Board of Aldermen shall not act upon a proposed amendment to
the ordinance until it shall have received a written report and recommendation
from the Planning and Zoning Commission on the proposed amendment.
10.
The Board of Aldermen shall approve or deny the proposed amendment.
If an application for such an amendment is not acted upon by the Board
of Aldermen within a ninety (90) day period following its initial
submission, it shall be deemed to have been approved.
11.
In case a protest against a revision or amendment is presented, duly
signed and acknowledged by the owners of thirty percent (30%) or more,
either of the areas of the land (exclusive of streets and alleys)
included in such change 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 revision or
amendment shall not become effective except by the favorable vote
of two-thirds (2/3) of all of the members of the Board of Aldermen.
