[R.O. 2003 § 405.480; CC 1997 § 20-101; Ord. No. 829-95 § 20-101, 3-27-1995]
A.
A proposed change in a zoning district
classification may be initiated by a letter of request by one (1)
or more owners of property within the area to be changed, by the Planning
and Zoning Commission, or by the Board of Aldermen. Such a letter
shall be addressed to the Planning and Zoning Commission and shall
be filed with the Secretary of the Planning and Zoning Commission
not less than forty-eight (48) hours prior to a regular monthly meeting.
B.
The applicant for the change shall file
an application for change in zoning classification on forms provided
by the Planning and Zoning Commission who shall schedule same for
a public hearing before the Commission not less than thirty (30) days
and not more than ninety (90) days from date of filing. The Commission
shall publish a notice of the time and place of the public hearing
on the proposed change in zoning district classification, which notice
shall be published at least once not less than fifteen (15) days preceding
the date of such hearing in an official paper or paper of general
circulation in Gallatin; said notice shall contain description of
property and change proposed. The Planning and Zoning Commission shall
give or cause to be given such additional notice of such hearing to
interested persons and organizations as it shall deem feasible and
practical.
C.
The Planning and Zoning Commission shall
conduct the public hearing on the proposed change in zoning classification.
D.
Following the public hearing, the proposed
change in zoning classification may be approved as presented or in
modified form by a majority vote of the Planning and Zoning Commission
and recommended for adoption by the Board of Aldermen, with reasons
for such recommendations stated in writing.
E.
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.
F.
If the Planning and Zoning Commission disapproves
a proposed change in zoning classification, 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 decision.
G.
Following disapproval of a proposed change
in zoning classification by the Planning and Zoning Commission, 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 the Planning and Zoning Commission's findings
and decision to be in error. Such appeals shall be filed with the
City Clerk within fifteen (15) days of receipt of notice of Planning
and Zoning Commission action.
[R.O. 2003 § 405.490; CC 1997 § 20-102; Ord. No. 829-95 § 20-102, 3-27-1995]
No application for change of zoning
for a given property may be resubmitted within twelve (12) months
from date of action by the Planning and Zoning Commission, unless
the Planning and Zoning Commission finds that a substantial reason
exists for waiving this limitation.
[R.O. 2003 § 405.500; CC 1997 § 20-103; Ord. No. 829-95 § 20-103, 3-27-1995]
Applications shall be accompanied
by a filing fee, to be set by the Board of Aldermen by separate ordinance,
to assist in defraying general expenses in connection with the application
for a change in zoning.
