[Ord. No. 2006.19 §1, 6-12-2006]
The Board of Aldermen from time to time may supplement, change
or generally revise the boundaries or regulations contained in zoning
regulations by amendment. A proposal for such amendment may be initiated
by the Board of Aldermen or the Planning and Zoning Commission. If
such proposed amendment is not a general revision of the existing
regulations and affects specific property, the amendment may be initiated
by application of the owner of property affected. All zoning district
amendments shall be in accordance with the adopted Comprehensive Plan.
[Ord. No. 2006.19 §1, 6-12-2006]
Any party desiring any change in zoning district boundaries or regulations contained in this zoning ordinance shall file with the Building Inspector an application and such application shall be accompanied by such data and information as prescribed in these regulations. Public notice and public hearing shall be provided pursuant to Sections
405.178 —
405.180.
[Ord. No. 2006.19 §1, 6-12-2006]
A. The
procedure for the consideration and adoption of a recommendation to
amend zoning district boundaries shall be in the same manner as that
required for the consideration and adoption of the original zoning
regulations. A majority of the members of the Planning and Zoning
Commission present and voting at the hearing shall be required to
recommend approval or denial of the amendment to the Board of Aldermen.
If the Planning and Zoning Commission fails to make a recommendation
on a rezoning request, the Planning and Zoning Commission shall be
deemed to have made a recommendation of disapproval. When the Planning
and Zoning Commission submits a recommendation of approval or disapproval
of such amendment and the reasons therefore, the Board of Aldermen
may:
1. Adopt such recommendation by ordinance;
2. Override the Planning and Zoning Commission's recommendation by a
two-thirds (2/3) majority vote of the membership of the Board of Aldermen;
or
3. Return such recommendation to the Planning and Zoning Commission
with a statement specifying the basis for the Board of Aldermen's
failure to approve or disapprove.
4. If the Board of Aldermen fails to act upon a recommendation within
one hundred twenty (120) days from the receipt thereof, the application
shall be deemed to have been denied.
B. If
the Board of Aldermen returns the Planning and Zoning Commission's
recommendation, the Planning and Zoning Commission, after considering
the same, may resubmit its original recommendation giving the reasons
therefore or submit a new and amended recommendation. Upon the receipt
of such recommendation, the Board of Aldermen, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendation
by the respective ordinance or it need take no further action thereon.
If the Planning and Zoning Commission fails to deliver its recommendation
to the Board of Aldermen following the Planning and Zoning Commission's
next regular meeting after receipt of the Board of Aldermen's report,
the Board of Aldermen shall consider such course of inaction on the
part of the Planning and Zoning Commission as a resubmission of the
original recommendation and proceed accordingly. The proposed rezoning
shall become effective upon publication of the respective adopting
ordinance or resolution.
[Ord. No. 2006.19 §1, 6-12-2006]
For the purpose of wholly or partially defraying the costs of
the proceedings prescribed herein, including publication costs, the
applicant, upon the filing of the application, shall pay to the Building
Inspector a fee in the amount of two hundred fifty dollars ($250.00).
Promptly upon the filing of any such application, the Building Inspector
shall refer the application to the Planning and Zoning Commission
for study and recommendation and shall report to the Board of Aldermen
concerning the nature of the application and that said application
has been referred to the Planning and Zoning Commission.
[Ord. No. 2006.19 §1, 6-12-2006]
A. In
order to recommend approval or disapproval of a proposed zoning district
amendment, the Planning and Zoning Commission shall determine whether
the application is found to be generally compatible with surrounding
development and suitable for development in the proposed district
based upon the following considerations:
1. Character of the neighborhood.
2. Consistency with the Comprehensive Plan and ordinances of the City
of Desloge.
3. Adequacy of public utilities and other needed public infrastructure
and services.
4. Suitability of the uses to which the property has been restricted
under its existing zoning.
5. Length of time property has remained vacant as zoned.
6. Compatibility of the proposed district classification with nearby
properties.
7. The extent to which the zoning amendment may detrimentally affect
nearby property.
8. Whether the proposed amendment provides a disproportionately great
loss to the individual land owners nearby relative to the public gain.
B. An
affirmative vote of a majority of the entire membership of the Desloge
Planning and Zoning Commission shall be required to make recommendations
to the Board of Aldermen, unless otherwise prescribed by State law.
[Ord. No. 2006.19 §1, 6-12-2006]
Upon the adoption or amendment of the City's Comprehensive Plan
or part thereof by adoption of the appropriate resolution by the Planning
and Zoning Commission, a certified copy of the plan or part thereof,
together with a written summary of the hearing thereon, shall be submitted
to the Board of Aldermen. No Comprehensive Plan and no amendment thereto
shall be effective unless approved by the Board of Aldermen. An attested
copy of the Comprehensive Plan and any amendments thereto shall be
sent to all other taxing subdivisions in the planning area which request
a copy of such plan.
[Ord. No. 2006.19 §1, 6-12-2006]
No public improvement, public facility or public utility of
any type shall be constructed without first being submitted to the
Planning and Zoning Commission and approved by the Board of Aldermen
as being in conformity with the Comprehensive Plan.
[Ord. No. 2006.19 §1, 6-12-2006]
Regardless of whether or not the Planning and Zoning Commission
approves or disapproves a zoning amendment, if a protest against such
amendment is filed in the office of the administrative officer within
fourteen (14) days after the date of the conclusion of the public
hearing pursuant to said publication notice, signed by the owners
of record of twenty percent (20%) or more of any real property proposed
to be rezoned or by the owners of record of twenty percent (20%) or
more of the total area required to be notified of the proposed rezoning,
excluding public streets and ways located within or without the corporate
limits of the City of Desloge, the ordinance adopting such amendment
shall not be passed except by at least a three-fourths (¾)
vote of the members of the Board of Aldermen.
[Ord. No. 2006.19 §1, 6-12-2006]
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 ordinance incorporating
the same and shall reincorporate such map as amended.