The regulations, restrictions, prohibitions and limitations
imposed and the District created may from time to time be amended,
supplemented, changed, modified, or repealed by Ordinance, but no
change shall be made until the Planning and Zoning Commission, after
notice and public hearing files with the City Council a report and
recommendation on the proposed change.
(Ordinance 6051-12 adopted 5/17/12)
An owner or his duly authorized agent or representative may
take application for the amendment of the Zoning restrictions applicable
to his property by filing with the Planning and Zoning Commission
a written application in such form and content as the Planning and
Zoning Commission may by resolution established [establish]. An application
for amendment shall be accompanied by the payment of a fee. Cost of
notice and posting shall be billed to the applicant.
(Ordinance 6051-12 adopted 5/17/12)
Upon receipt of an application, the Planning and Zoning Commission
shall set a date for public hearing not less than twenty (20) days
or more than sixty (60) days from the date of filing. Fifteen (15)
days’ notice of the public hearing shall be given by the Planning
and Zoning Commission by publication in a newspaper of general circulation.
(Ordinance 6051-12 adopted 5/17/12)
(b)
An
application recommended for approval, or approval subject to modification,
shall be transmitted to the City Council with the report and recommendation
of the Planning and Zoning Commission action.
(c)
An
application recommended for denial shall not be considered further
unless the applicant, within fifteen (15) days from the date of the
Planning and Zoning Commission action, files a written appeal and
request with the City Council for a hearing. A fee shall accompany
the request, the Planning and Zoning Commission shall forthwith transmit
the application and its report and recommendation to the City Council.
(Ordinance 6051-12 adopted 5/17/12)
The City Council shall hold a hearing on each application regularly
transmitted, pursuant to the receipt of a fee set by the City Council,
and on each application which has been transmitted pursuant to an
appeal as provided for in SECTION 1010.4:C [1010.4(c)]. The City Council
may approve the application as submitted and recommend by the Planning
and Zoning Commission, or approve the application subject to modification,
or deny the application, or return the application to the Planning
and Zoning Commission for further study.
(Ordinance 6051-12 adopted 5/17/12)
If a written protest against an amendment, change, or repeal
of this Ordinance or any part thereof is presented, duly signed and
acknowledged by the owners or twenty percent (20%) or more of the
area of the lots on lands immediately abutting the territory included
in such proposed change or separated therefrom only by an alley or
street, and extending two hundred (200) feet therefrom, such amendment
shall not be passed except by the favorable vote of four (4) members
of the City Council.
(Ordinance 6051-12 adopted 5/17/12)
(a)
If
any section, paragraph, subdivision, clause, phrase, or provision
of this Ordinance shall be adjudged invalid or held unconstitutional,
the same shall not affect the validly of this Ordinance as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
(b)
All
Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
(Ordinance 6051-12 adopted 5/17/12)
