[Ord. No. 1996-12 § 23, 9-18-1996]
The Board of Aldermen may by ordinance on its own motion or
on application amend, supplement, change, modify or repeal the boundaries
or zoning designation of districts herein established, under the procedures
herein provided and following referral thereof to the Planning and
Zoning Commission in accordance with this Section.
[Ord. No. 1996-12 § 23, 9-18-1996]
Applications for district changes shall be filed in writing
with the City Clerk, who shall place the application before the Board
of Alderman after determining that it is in proper form as provided
herein. All applications, except those proposed by the Board of Aldermen
or the City Planning and Zoning Commission, shall be accompanied by
a publication fee of twenty-five ($25.00). A copy of the application
shall remain on file with the City Clerk for public inspection until
final action thereon.
[Ord. No. 1996-12 § 23, 9-18-1996]
The Board of Aldermen of the City Planning and Zoning Commission
shall require applicants to provide plats and other documents or other
information it may determine to be of value in acting upon the application.
The Board and Planning and Zoning Commission may request the opinions
and recommendations of other City boards and officers upon applications.
[Ord. No. 1996-12 § 23, 9-18-1996]
Upon receipt of an application in proper form, the Board of
Aldermen shall refer it to the Planning and Zoning Commission. The
Board of Aldermen may by resolution delegate the duty of such receipt
and referral to the City Clerk or similar official. The Planning and
Zoning Commission shall return the application to the Board of Aldermen
with its recommendations in relation thereto and showing the number
of votes for and against its action, and may include a summary of
the reasons expressed for and in opposition thereto. The Board of
Aldermen may set a date by which the recommendation shall be returned,
no less than twenty (20) days from the date of such setting, and the
Board of Aldermen may proceed without receipt of such recommendations
in the absence of receipt by such date.
[Ord. No. 1996-12 § 23, 9-18-1996]
The Board of Aldermen may reject an application without referring
it to the Planning and Zoning Commission and without publishing a
notice of hearing if the application is made within one (1) year of
the Board's rejection of a previous application seeking an amendment
for the same or a larger or smaller included tract.
[Ord. No. 1996-12 § 23, 9-18-1996]
If the Planning and Zoning Commission recommends approval of
an application in whole or in part, the Board of Aldermen shall set
a public hearing as provided in this Section. If the Planning and
Zoning Commission recommends rejection of an application in full,
the Board of Aldermen may set a public hearing as provided in this
Section upon its own motion; or the Board of Aldermen may by motion
file such recommendation of rejection, and the application shall thereupon
be deemed rejected unless, within ten (10) days from such filing,
the applicant files a written request with the City Clerk for a public
hearing under this Section, or makes an oral request therefor at a
regular or special meeting of the Board of Aldermen, whereupon the
Board of Aldermen shall set such a public hearing. If the Board of
Aldermen fails to approve an application in whole or in part within
thirty-five (35) days after the public hearing, such application shall
be deemed to have been rejected in full, unless the Board of Aldermen
shall have expressly extended such time period prior to the expiration
therefor.
[Ord. No. 1996-12 § 23, 9-18-1996]
The Board of Aldermen may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the regulations or restrictions of districts herein established, following referral therefor to the Planning and Zoning Commission as provided in Section 405.730 of this Article.
[Ord. No. 1996-12 § 23, 9-18-1996]
No amendment, supplement, or change of the regulations or restrictions
or boundaries of districts shall become effective until after the
Board of Aldermen has held a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to
be heard. At least fifteen (15) days' notice of the time and place
of such hearing shall be published in a newspaper of general circulation
in the City of Maysville. The Board of Aldermen may provide for the
posting of notices of the hearing on the tract and for other means
of notifying the public or interested persons of the proceedings.
[Ord. No. 1996-12 § 23, 9-18-1996]
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change 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. The provisions of Section 405.770 relative to public hearing and official notice shall apply equally to all changes or amendments.
[Ord. No. 1996-12 § 23, 9-18-1996]
In its action upon an application for changes in district boundaries, the Board of Aldermen may grant a special use permit under Article XII rather than the requested change in district boundaries, or may grant changes to a district that is intermediate in restrictiveness between the existing district and the requested district. However, no special use permit or change in district of this nature shall be granted until the parties in interest have been notified by either public notice or certified mail that such permit or change is contemplated.
