[R.O. 1997 §400.120; Ord. No. 1088 §2, 12-9-1991]
A. 
Authority. The Board of Aldermen may, by ordinance, amend, supplement, change, modify or repeal this Chapter and the district boundaries. No such amendment or change shall be adopted by the Board of Aldermen until the Planning and Zoning Commission has held a public hearing and submitted its recommendation.
B. 
Proposal Of Amendments. Amendments may be initiated by the Board of Aldermen, the Planning and Zoning Commission, or, in the case of a map change, upon application by the owners of the property affected.
C. 
Applications. When the owner of the property affected initiates an amendment to the regulations or the district boundaries, an application for such amendment shall be obtained from the Zoning Administrator. Said application shall be completed in its entirety and filed with the Zoning Administrator so that a public hearing date can be established.
D. 
Certified Ownership List. The application for an amendment shall be accompanied by an ownership list, either certified by a registered abstractor or compiled by the applicant from County records, listing the legal description and name and address of the owners of any property located within one hundred eighty-five (185) feet of the boundaries of the property for which the zoning change is requested.
E. 
Disposition Of Amendment Proposals. Upon receipt of a proposed amendment from the Board of Aldermen or an application for an amendment from the owner of the property affected, the Planning and Zoning Commission shall hold a public hearing on the proposed amendment, and forward to the Board of Aldermen its findings and recommendations with respect to the proposed amendment.
[R.O. 1997 §400.130; Ord. No. 1088 §2, 12-9-1991]
A. 
Public Hearing. The Planning and Zoning Commission shall hold a public hearing on each proposed amendment that is referred to, filed with, or initiated by it. The Planning and Zoning Commission shall select a reasonable hour and place for such public hearing, and it shall hold such hearing within sixty (60) days from the date on which the proposed amendment is referred to, filed with, or initiated by it. An applicant for an amendment may waive the requirement that such hearing be held within sixty (60) days.
B. 
Notice Of Hearing. Public notice of a hearing on a proposed amendment shall be published once in the official City newspaper and at least fifteen (15) days shall elapse between the date of the publication and the date set for such hearing. Such notice shall state the date, time and place of the hearing and shall contain a statement regarding the proposed change in regulations or restrictions, or the zoning classification or zoning district boundaries of the property. If the proposed amendment would change the zoning classification of any property, or the boundaries of any zoning district, such notice shall contain the legal description and street address or general street location of such property, its present zoning classification, and the proposed classification. When a proposed amendment will affect the zoning classification of specific property, the applicant shall mail a written notice of the public hearing thereon, by certified mail containing the same information as the published notice thereof, to the owner of all property within one hundred eighty-five (185) feet of the boundaries thereof at least fifteen (15) days prior to the date of such hearing. The Planning and Zoning Commission may give such additional notice to other persons as it may from time to time provide by its rules. Prior to the date of the public hearing, the applicant shall prepare a list of those owners acknowledging the receipt of the Notice of Public Hearing and submit said list to the Secretary of the Planning and Zoning Commission.
C. 
Conduct Of Hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Planning and Zoning Commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The Planning and Zoning Commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the Planning and Zoning Commission at least three (3) days before the date set for the public hearing.
[R.O. 1997 §400.140; Ord. No. 1088 §2, 12-9-1991]
A. 
Recommendations. Upon the conclusion of the public hearing, the Planning and Zoning Commission shall prepare and adopt its recommendations and shall submit the same, together with a record of the hearing thereon, to the Board of Aldermen. Said recommendations may be for approval, disapproval or approval in part, and reasons for the recommendation shall be included.
B. 
Amendments To Text. When a proposed amendment would result in a change in the text of this Chapter, but would not result in a change of zoning classification of any specific property, the recommendation of the Planning and Zoning Commission shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:
1. 
Whether such change is consistent with the intent and purpose of this Chapter;
2. 
The areas which are most likely to be directly affected by such change and in what way they will be affected; and
3. 
Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and zoning districts affected, or in the area of jurisdiction of such changed or changing conditions.
C. 
Amendments To Change Zoning Districts. When a proposed amendment would result in a change of the zoning classification of any specific property, the report of the Planning and Zoning Commission shall contain statements as to the present classification, the classification under the proposed amendment, and character of the neighborhood, the zoning and land uses of the properties nearby and findings as to the following:
1. 
Whether the change in classification would be consistent with the intent and purpose of this Chapter, with the City's adopted Comprehensive Plan and other adopted City policies, programs, ordinances, rules, and regulations;
2. 
Whether every use that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the immediate vicinity; and whether the subject property is suitable for the uses to which it has been restricted;
3. 
Whether adequate sewer and water facilities, and all other needed public services, exist or can be provided to serve the uses that would be permitted on the property if it were reclassified;
4. 
Whether the proposed amendment would correct an error in the application of this Chapter; and
5. 
Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions; and whether the proposed amendment provides a disproportionately great loss to the individual land owners relative to the public gain.
[R.O. 1997 §400.150; Ord. No. 1088 §2, 12-9-1991]
A. 
Receipt Of Planning and Zoning Commission Report And Recommendation. The Board of Aldermen shall act only after the Planning and Zoning Commission has submitted either a recommendation of approval or disapproval, or a "failure to recommend."
B. 
Consideration Of The Planning and Zoning Commission Recommendation. The Board of Aldermen shall consider the Planning and Zoning Commission's recommendation at the next regularly scheduled Board of Aldermen meeting for which the agenda item can be docketed, except that no recommendation on a zoning district amendment shall be considered by the Board of Aldermen until fifteen (15) days after the close of the Planning and Zoning Commission public hearing on such amendment. The Board of Aldermen shall:
1. 
Approve the recommendation of the Planning and Zoning Commission and adopt such recommendation by ordinance;
2. 
Take no further action thereon;
3. 
Disapprove the Planning and Zoning Commission's recommendations. The Board of Aldermen may return such recommendations to the Planning and Zoning Commission with a written statement specifying the basis for disapproval, and such recommendation shall be reconsidered by the Planning and Zoning Commission at its next regularly scheduled meeting; or
4. 
Take such action as it deems appropriate in the event the Planning and Zoning Commission submits a "failure to recommend" to the Board of Aldermen.
C. 
Reconsideration By The Board of Aldermen. The Board of Aldermen, upon receipt of a second recommendation from the Planning and Zoning Commission, may adopt or may revise or amend and adopt such recommendation by ordinance; or it need take no further action thereon. If the Planning and Zoning Commission fails to deliver its second recommendation to the Board of Aldermen within fifteen (15) days after receipt of the Board of Aldermen's statement specifying disapproval, the Board of Aldermen shall consider such inaction on the part of the Planning and Zoning Commission as a resubmission of the original recommendations and proceed accordingly.
D. 
Inaction By Board Of Aldermen. If a proposed amendment is considered by the Board of Aldermen but not acted upon finally within one hundred twenty (120) days of the date when the Planning and Zoning Commission report and recommendation was considered, such proposed amendment shall be deemed to have been denied, unless the applicant for such amendment shall have consented to an extension of such period in time.
[R.O. 1997 §400.160; Ord. No. 1088 §2, 12-9-1991]
In case of a protest against any amendment, 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 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, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen of the City of Cassville.
[R.O. 1997 §400.170; Ord. No. 1088 §2, 12-9-1991]
A. 
If the Board of Aldermen approves an application, it shall adopt an ordinance to that effect.
B. 
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 regulation incorporating the same and shall reincorporate such map as amended.
[R.O. 1997 §400.180; Ord. No. 1088 §2, 12-9-1991]
For the purpose of wholly or partially defraying the costs of the amendment proceedings, including publication costs, a fee in the amount of one hundred dollars ($100.00) shall be paid upon the filing of each application for a change of district boundaries or classifications.