[R.O. 2011 §400.320; CC 1974 §43.750]
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
shall first be submitted to the Planning Commission for its recommendations
and report. If the Planning 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 Planning 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 Cabool.
B.
In
case of an adverse report by the Planning Commission, or if a protest
against such proposed amendment, supplement, 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, 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 distant 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 (⅔) of all the members
of the Board of Aldermen. The increased vote requirement shall apply
in all cases of Special Use Exception and Community Unit Plan cases.
C.
If
such amendment is based upon petition, the party or parties proposing
or recommending a change in the district regulations or district boundaries
shall deposit a fee of fifty dollars ($50.00) plus an additional amount
as determined from time to time to cover other costs incurred by the
City to the City Clerk at the time the application is filed and obtain
a receipt therefor which should be delivered to the City Clerk. All
fees received hereunder shall forthwith be paid over to the credit
of the General Revenue Fund of the City. Under no condition should
said sum or any part thereof be refunded for failure of said change
to be adopted by the Board of Aldermen.
