[Ord. No. 10-16, 7-13-2010]
A.
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.
B.
Applications for District changes shall be filed, in writing, with the City Clerk, who, after determining said application is in proper form, as provided herein, shall present the application to the Chairperson of the Planning and Zoning Commission. Said Chairperson shall be notified by the City Clerk within three (3) days of the initial receipt of the application. The City Clerk shall make (2) two copies of the application; one of which shall be retained by his or her office for public inspection until final action thereon and the other forwarded to the attention of the Board of Aldermen. The Planning and Zoning Chairperson shall call a special meeting of the Planning and Zoning Commission to review the application.
[Ord. No. 12-10, 11-8-2012]
C.
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.
D.
Upon receipt of an application in proper form and, after reviewing said application, the Planning and Zoning Commission shall forward the application to the Board of Aldermen with its recommendation relating 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. However, the Planning and Zoning Commission shall be allowed a minimum of twenty (20) days, from the time it is notified of the application, to review said application and forward said recommendation. The Board of Aldermen may proceed without receipt of such recommendation in the absence of receipt by such date.
[Ord. No. 12-10, 11-8-2012]
E.
The Board of Aldermen may reject an application without publishing a "Notice Of Hearing" if the application is made within two (2) years of the Board's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract.
[Ord. No. 12-10, 11-8-2012]
F.
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 thereof.
G.
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 thereof to the Planning and Zoning Commission as provided in Section 405.160(D).
H.
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 Bismarck. 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.
I.
In case of an adverse report by the City Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, change, modification, or repeal shall be presented, in writing, to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal 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 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.
J.
In its action upon an application for change in district boundaries, the Board of Aldermen may grant a special use permit under Section 405.130 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.