[R.O. 1993 § 400.440; Ord. No.
467, 9-23-1991; Ord. No. 787 §§ 2 — 3, 7-18-2005]
A.
A proposed variance in, modification of or change of the zoning district
classification applying to a piece of property, including variance
or modification to the use or restrictions applying to a piece of
property (hereinafter "change in zoning"), shall be initiated by a
letter of request by one (1) or more owners of said property. Such
letter shall be addressed to and filed with the Planning and Zoning
Commission, the Zoning Board, the Zoning Officer and the Board of
Adjustment of the City of Bel-Nor.
B.
The applicant shall file an application for a change in zoning on
forms provided by the Planning and Zoning Commission and shall file
same with the Planning and Zoning Commission, the Zoning Board, the
Zoning Officer and the Board of Adjustment of the City of Bel-Nor
as directed by the Zoning Officer.
C.
As to proposed change in zoning for any commercial, industrial or
institutional use in or affecting any property in the "C-1," "E-1,"
or "R-1" Zoning District:
1.
Within fifteen (15) days of the filing of application, the Zoning
Officer shall schedule a date, time and location for public hearing
on petitioner's proposed change in zoning before the Planning and
Zoning Commission, the Zoning Board and/or the Board of Adjustment,
whichever is applicable (hereinafter "Board or Boards"), and shall
forward written notification of same to the petitioner.
2.
The public hearing before the Board or Boards shall be scheduled
to occur not less than fifteen (15) days and not more than ninety
(90) days from the date of filing of the application.
3.
The City Clerk, subject to Zoning Officer's approval, shall
prepare enough envelopes, postage prepaid, each envelope containing
a written statement setting forth the date, time and location of said
public hearing, plus a brief description of the property and proposed
change or changes in zoning to be heard in an amount sufficient to
mail one (1) such envelope to each United States Post Office designated
mailing address within the City of Bel-Nor, and shall deliver said
envelopes containing written statements to the Zoning Officer for
addressing and mailing. Upon inquiry, the Zoning Officer shall provide
the number required.
D.
As to a proposed change in zoning for any residential use in or affecting any property located within the City of Bel-Nor which is not covered by Subsection (C) above:
1.
Within fifteen (15) days of the filing of application, the Zoning
Officer shall schedule a date, time and location for public hearing
on petitioner's proposed change in zoning before the Board or Boards,
whichever is applicable, and shall forward written notification of
same to the petitioner.
2.
The public hearing before the Board or Boards shall be scheduled
to occur not less than fifteen (15) days and not more than ninety
(90) days from the date of filing of the application.
3.
The City Clerk, subject to Zoning Officer's approval, shall
prepare envelopes, postage prepaid, each envelope containing a written
statement setting forth the date, time and location of said public
hearing, plus a brief description of the property and the proposed
change or changes in zoning to be heard in a number equal to the number
of parcels of property or portions thereof situated within a three
hundred (300) foot radius of the boundary lines of petitioner's property,
and shall deliver said envelopes containing written statements to
the Zoning Officer for addressing and mailing.
E.
The Zoning Officer shall cause notice to be published of the time
and place of the public hearing on the proposed change or changes
in zoning. Said notice shall be published at least once, and not less
than fifteen (15) days preceding the date of such hearing, in a conspicuous
place on the property in question and in an official paper or a paper
of general circulation in the City of Bel-Nor, and said notice shall
contain a description of petitioner's property and petitioner's proposed
change in zoning.
F.
The Board or Boards shall conduct the public hearing on the proposed
change in zoning.
G.
Following the public hearing, the proposed change in zoning may be
approved as presented or in a modified form by a majority vote of
the Board or Boards and recommended for adoption by the Board of Aldermen,
with reasons for such recommendation stated in writing.
H.
The Board of Aldermen, by majority vote, may by ordinance adopt the
recommended amendment submitted by the Board or Boards.
I.
If the Board of Aldermen does not concur with the recommendation
of the Board or Boards, the Board of Aldermen shall return the recommendation
to the Board or Boards for further study and report. After resubmission
of the recommendation, the Board of Aldermen may, by majority vote,
accept, reject, or modify the recommendation pertaining to the proposed
change in zoning.
J.
If the Board or Boards disapproves a proposed change in zoning, notice
of disapproval with the reasons for such disapproval shall be given
in writing to the petitioner within fifteen (15) days from the date
of the decision.
K.
Following disapproval of a proposed change in zoning by the Board
or Boards, the petitioner may appeal such disapproval to the Board
of Aldermen, provided that the petitioner states specifically in writing
to the City Clerk why he/she considers findings and decisions of the
Board or Boards to be in error. Such appeal shall be filed with the
City Clerk within fifteen (15) days of receipt of notice of the action
of the Board or Boards.
[R.O. 1993 § 400.450; Ord. No.
250 § B, Art. IX, 1-28-74; Ord. No. 787 §§ 2 — 3, 7-18-2005]
No application for change of zoning for a given property may
be resubmitted to the Planning and Zoning Commission within twelve
(12) months from the date of action by the Planning and Zoning Commission
or the Board of Aldermen, whichever occurred last, unless the Planning
and Zoning Commission finds that a substantial reason exists for waiving
this limitation.
[R.O. 1993 § 400.460; Ord. No.
250 § C, Art. IX, 1-28-1974; Ord. No. 787 §§ 2 —
3, 7-18-2005]
Each application for change in zoning classification of a piece
of property shall be accompanied by a filing fee of twenty-five dollars
($25.00) to assist in defraying general expenses in connection with
the application.
