[Ord. No. 233, 9-9-2008]
The Board of Aldermen may by ordinance on its own motion or
application amend, supplement, charge, modify or repeal the boundaries
or zoning designation of districts herein established, under the procedures
herein provided.
[Ord. No. 233, 9-9-2008]
Applications for district changes shall be filed in writing
with the City Clerk, who shall place the application before the Board
of Aldermen after determining that it is in proper form as provided
herein. A copy of the application shall remain on file with the City
Clerk for public inspection until final action thereon.
[Ord. No. 233, 9-9-2008]
The Board of Aldermen or the City Planning and Zoning Commission
may provide forms for applications and may 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 the Planning
and Zoning Commission may request the opinions and recommendations
of other City boards and officers upon applications.
[Ord. No. 233, 9-9-2008]
Whenever the Commission adopts the plan of the City or any part
thereof, no street or other public facilities, or no public utility,
whether publicly or privately owned, and, the location, extent and
character thereof having been included in the recommendations and
proposals of the plan or portions thereof, shall be constructed or
authorized in the City until the location, extent and character thereof
has been submitted to and approved by the Planning and Zoning Commission.
In case of disapproval the Commission shall communicate its reasons
to the Board of Aldermen, and the Board of Aldermen, by vote of not
less than two-thirds (2/3) of its entire membership, may overrule
the disapproval and, upon the overruling, the Board of Aldermen or
the appropriate board or officer may proceed, except that if the public
facility or utility is one the authorization or financing of which
does not fall within the province of the Board of Aldermen, then the
submission to the Planning and Zoning Commission shall be by the board
having jurisdiction, and the Planning and Zoning Commission's disapproval
may be overruled by that board by a vote of not less than two-thirds
(2/3) of its entire membership. The acceptance, widening, removal,
extension, relocation, narrowing, vacation, abandonment, change of
use, acquisition of land for, sale or lease of any street or other
public facility is subject to similar submission and approval, and
the failure to approve may be similarly overruled. The failure of
the Commission to act within sixty (60) days after the date of official
submission to it shall be deemed approval.
[Ord. No. 233, 9-9-2008]
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 Leadington. 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. 233, 9-9-2008]
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 and 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 legislative body of such municipality. The provisions of Section 405.1170 relative to public hearing and official notice shall apply equally to all changes or amendments.
[Ord. No. 233, 9-9-2008]
In its action upon an application for change in district boundaries, the Board of Aldermen may grant a special use permit under Article XIII of this Chapter, rather than the requested change in district boundaries or may grant a change to a district which is intermediate in restrictiveness between the existing district and the requested district.
