[Ord. No. 191 §701, 12-2-1986]
The City Planning Commission is hereby appointed as the "Zoning
Commission" to recommend the boundaries of the various original zoning
districts and appropriate regulations for the enforcement of a zoning
regulation.
[Ord. No. 191 §703, 12-2-1986]
It shall be the duty of the public official so designated, or
any designated deputy or inspector working under his/her direction,
to enforce the provisions of this Chapter and to refuse to issue any
permit for any building or structure or for the use of any premises
which would violate any of the provisions hereof, and to cause any
building, structure, place or premises to be inspected and examined,
and to order in writing the remedying of any condition found to exist
therein or thereat in violation of any provision of this Chapter.
In the event any permit is issued that is not in conformity with the
provisions of these regulations, such permit shall be null and void.
Any building or structure erected, constructed, reconstructed, altered,
repaired, converted or maintained, or any building, structure or land
used in violation of this Chapter shall be deemed a public nuisance
and said building official is hereby authorized and directed to institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct or abate such violation and to prevent
the occupancy of said building, structure or land; or to prevent any
illegal act, conduct or use in or about such premises.
[Ord. No. 191 §705, 12-2-1986]
A.
The
Board of Aldermen may, from time to time, amend, supplement, change,
modify or repeal such regulation, restrictions and boundaries contained
in this Chapter whenever the public necessity, convenience or general
welfare requires; provided such amendment, change, supplement, modification
or repeal shall have first been submitted to the City Zoning Commission
for its review and recommendation.
C.
Application And Fee. A proposal for an amendment by the
property owners must be filed with the City, on approved forms, at
least twenty-four (24) hours prior to any regular meeting of the Zoning
Commission. A filing fee of one hundred dollars ($150.00) shall be
submitted with the application to cover the cost of publication and
handling.
[Ord. No. 405.600, 7-15-2019]
D.
Hearing And Notice. Upon receipt of a valid proposal for
an amendment, the Board of Aldermen shall set a date for a public
hearing. A published notice of the hearing shall appear once, in the
official newspaper of the City or a paper of general circulation,
at least fifteen (15) days prior to such hearing. Such notice shall
include at least the following information:
E.
A Notice To Zoning Commission. Upon receipt of an application
as outlined in this Section, the Board of Aldermen, or its designated
agent, shall refer said application to the Zoning Commission for its
review and written recommendation.
F.
Protests. Protests against such amendment or change may
be filed in the office of the City Clerk at least five (5) days prior
to the public hearing on petitions duly signed and acknowledged by
the owners of thirty percent (30%) or more of either of the areas
of the land (exclusive of streets and alleys) included in such proposed
change, 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.
G.
Action By The Legislative Body. Upon receipt of the written
recommendation of the City Zoning Commission, and after public hearing,
duly published and notices properly made, the Board of Aldermen may
approve or deny the application, except that if a valid protest has
been filed, the application shall not be adopted except by at least
a two-thirds (2/3) majority vote of all members of the Board of Aldermen.
If the application affects the boundaries of any zone, the ordinance
shall define the change of boundary, as approved, and shall order
the Official Map to be changed and shall amend the Section incorporating
the same and reincorporate such map as amended.
[Ord. No. 191 §706, 12-2-1986; Ord. No. 608 §1, 7-7-2008]
A.
An application for a special use, as listed in Section 405.520, shall be filed with the City Zoning Commission on approved forms at least three (3) days prior to any regular meeting of the Zoning Commission.
B.
The filing fee and hearing procedure shall follow those procedures and amount of fee outlined in Sections 405.600(C) and 405.600(D), except that the public hearing shall be by the Zoning Commission.
C.
After
public hearing and receipt of the written recommendation of the Zoning
Commission, the Board of Aldermen may approve or deny said application.
