[Ord. No. 638 §2(435.010), 11-14-1990]
A.
The
Board of Aldermen shall have the authority to amend, supplement, change,
modify or repeal by ordinance the text or map of the Zoning Code in
accordance with the provisions of this Article.
B.
Text Amendments. An application for amendment to the written
text of this Zoning Code may be filed by any person in the office
of the City Clerk for consideration by the Planning and Zoning Board
and Board of Aldermen.
C.
Rezoning. An application for a change in the boundaries
of a zoning district as described by the Official Map may be filed
in the office of the City Clerk for consideration by the Planning
and Zoning Board and the Board of Aldermen. Such application may be
filed by the Mayor, any member of the Aldermanic Board, the Planning
and Zoning Board or by any person with financial, contractual or proprietary
interest in the property to be included in the proposed change of
zoning.
[CC 1981 §435.020; Ord. No. 638 §2(435.020), 11-14-1990]
A.
The
application shall be made on a form provided by the City Clerk. Said
application shall be signed by the applicant and shall state his/her
name and address, as well as:
1.
Text amendments. An application for an amendment
to the text of this Code shall set forth the new text to be added
and existing text to be deleted.
2.
Rezoning. An application for a Zoning Map change
shall include:
a.
A legal description of the property sealed by a land surveyor.
b.
A scaled map of the property, correlated with the legal description,
and clearly showing the property's location.
c.
The name, address and phone number of the petitioner.
d.
The petitioner's interest in the property and, if the petitioner
is not the owner, the name, address and phone number of the owner.
e.
Date of filing.
f.
Locator number.
g.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information.
h.
The present and proposed zoning.
i.
Other information as may be required by the Planning and Zoning Board.
B.
An
application for either a text amendment or rezoning shall comply with
and be in accordance with the format and procedures governing the
same as adopted by the Planning and Zoning Board. In all cases where
an application is initiated by a private party, the application shall
be accompanied by the fee established by the Board of Aldermen.
[CC 1981 §435.030; Ord. No. 638 §2(435.030), 11-14-1990]
In assessing the relevance or acceptability of a zoning amendment
application, the burden of proof in justifying the request shall rest
with the applicant, both before the Planning and Zoning Board as well
as the Board of Aldermen.
[CC 1981 §435.040; Ord. No. 638 §2(435.040), 11-14-1990]
A.
Application. Upon receipt of an application and supporting
documents, the City Clerk and Building Commissioner shall review it
for completeness. If the application and supporting documents are
acceptable, a public hearing shall be scheduled within thirty (30)
days of the actual filing date. If said application is incomplete,
it shall be returned to the applicant.
B.
Public Hearing Required By Board. A public hearing on each application shall be held in accordance with Article XI of this Code.
C.
Board Action On Application. Subsequent to the public hearing,
the Building Commissioner shall prepare a report for submission to
the Planning and Zoning Board. Upon receipt of said report, and after
the holding of a public hearing, the Board shall recommend to the
Board of Aldermen either approval or denial.
[CC 1981 §435.050; Ord. No. 638 §2(435.050), 11-14-1990]
A.
If
the Board recommendation is for approval, the Building Commissioner
and City Clerk shall prepare a report to the Aldermanic Board.
B.
Upon
denial by the Planning and Zoning Board, the Building Commissioner
and City Clerk shall notify the applicant of such recommendation.
If no appeal is filed, the application shall be deemed denied.
C.
Protest Of The Planning And Zoning Board's Decision. A protest
against a proposed zoning amendment request may be presented, duly
signed and acknowledged by the owners of thirty percent (30%) or more
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 property upon which the conditional use will be
located. A notice of protest must be filed within ten (10) days following
the Planning and Zoning Board's decision, be in writing, filed in
duplicate with the City Clerk, and accompanied by the signatures (duly
acknowledged) and addresses of the property owners involved.
D.
Appeal Of Recommendation Of Denial. Upon the recommendation
of denial by the Planning and Zoning Board of an application, the
applicant may file an appeal with the Board of Aldermen requesting
a determination by that body. A notice of appeal shall be filed within
ten (10) days after the Planning and Zoning Board's report is received
by the Board of Aldermen at a regular meeting. An appeal shall be
in writing and shall be filed in duplicate with the City Clerk. The
applicant shall have an additional thirty (30) days to file the actual
appeal. The appeal shall specifically state how the application, as
initially filed or subsequently modified, meets the criteria set forth
in these regulations.
E.
All
text amendments and amendments to the Zoning Map, as described herein,
shall require a simple vote by the Board of Aldermen.
F.
Board of Aldermen Decision Upon Appeal Or Protest. In any
case, subsequent to proper notification as described above, the Board
may affirm, reverse or modify, in whole or in part, any determination
of the Planning and Zoning Board. An affirmation vote of two-thirds
(⅔) of the Board of Aldermen shall be required to reverse or
modify any recommendation by the Planning and Zoning Board.
G.
The
Board of Aldermen may recommend that a petition for a change of zoning
district classification be approved or denied for all or part of the
property described in the petition. The Aldermen may enact by ordinance
such a partial granting of a petition for a change in zoning district
classification.
[CC 1981 §435.060; Ord. No. 638 §2(435.060), 11-14-1990]
Any amendment request, regardless of its source of initiation,
may be withdrawn upon receipt by the City Clerk of written notice
by the applicant from consideration at any point in the approval process,
prior to final action on the request by the Board of Aldermen.
[CC 1981 §435.070; Ord. No. 638 §2(435.070), 11-14-1990]
In the event that any application to amend the zoning text or
map is denied by the Board of Aldermen, a re-application for the purposes
of further review of the same application shall not be accepted by
the City until twelve (12) months following the date of final action
on the original application has elapsed, unless it can be shown to
the satisfaction of the Planning and Zoning Board that substantial
new evidence not available during review of the original application
will be presented.
